Q: mom in Alzheimer's care in Colorado. Trust and assets in calif. when she passes, do we file in Co or Ca?
No assets in Colorado. Trust & will done in Ca before she moved here 2years ago.
A:
If you need to file for probate, then the probate must occur in the county (and state) of the deceased residence. You may not need to file for probate. This can happen if the estate that not in irrevocable trust is small and does not include real estate among other factors (at least in CO, CA has similar rules, but is noticeably different than CO on probate matters).
For specific advice your will need to contact an attorney directly. While the attorney can be licensed in CA or CO (or both), it would be best to choose the state where your mother will likely reside until death. Expect to pay for the attorney's time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
