Denver, CO asked in Elder Law, Estate Planning and Family Law for Colorado

Q: I'm trying to set up a beneficiary deed on behalf of my dad in my brother's name

He made me his General power of attorney back in March of 2015. He is married to our stepmother and has been married to her for 30 years. He is currently on life support and I just want to know what my options are. My dads property is only in his name. My dad also put together a will for himself when he was of sound mind. In this will he stipulates that he wants me and my 3 siblings and my stepmother to divide the property up in equal shares among us after he passes away. Once again I'd just like to know what my options are

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: I am sorry to hear about your father's health. If you have a valid power of attorney, you can add your brother and/or mother on the deed. This should occur at the county property offices where your father's home is located. Make sure to bring the power of attorney (bringing your mother is also a good idea). Under normal conditions, your mother would automatically be considered included as have an interest in all your father's property (unless there is a prenup, etc.). I cannot comment on the will without looking at the document, but as a general rule your father's wishes can be followed (assuming all interested parties consent). I would recommend that you contact a lawyer--even if only to provide 1-2 hours of advice (probate is not especially hard, but it does have a lot of procedures to follow...). You may be able to avoid probate on most/all property if you explore living wills/inter vivos transfers.

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