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3 Answers | Asked in Estate Planning and Probate for Colorado on
Q: When my husband dies do our assets need to go through probate?

Live in Colorado. Assets worth $130,000. All jointly owned. No real property. He has 1 child from another spouse. No will or trust

Cameron Kawato
Cameron Kawato
answered on Feb 9, 2022

Hello,

The answer to this depends on the type of assets you are referring to. When someone dies, their assets are considered either "probate" or "non-probate" assets. A classic example of a non-probate asset is a life insurance policy. An example of a probate asset would...
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1 Answer | Asked in Probate for Colorado on
Q: Is it ethical for an atty to represent a beneficiary in a probate case if they are related or married to the beneficiary

Would an attorney be reluctant to represent, say, a close friend or spouse, as an interested party in a probate proceeding, given the attorney might be considered to also benefit if the interested party receives some interest in the estate? This is a fictional hypothetical, so I really only need a... Read more »

Cameron Kawato
Cameron Kawato
answered on Feb 8, 2022

Hello,

All Colorado attorneys are under strict rules of professional conduct. One very important area of these rules is the conflict of interest, which your question refers to. The rule that will help guide you is Rule 1.7 of the Colorado Rules of Professional Conduct. This rule states that...
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