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I'm a 73-year-old retiree with only Social Security as my income. I need to obtain a financial power of attorney to protect myself, especially if my husband tries to establish conservatorship, without him knowing. I’m looking for a free or low-cost option to secure this document. Are there... View More 
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answered on Apr 6, 2025
Securing a financial power of attorney (FPOA) in Colorado can be accomplished at no cost by utilizing the statutory form provided by the state. This form allows you to appoint a trusted individual to manage your financial affairs and is available through the Colorado Secretary of State's... View More
I was privately hired to care for an elderly lady who passed away on March 24th. I have her belongings, but I'm unsure of what to do with them. She had no will, no next of kin, and, to the best of my knowledge, only had a medical power of attorney. I have contacted the power of attorney, but... View More
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answered on Apr 12, 2025
You’ve been placed in a really delicate and difficult position, and it’s clear you’re trying to do the right thing. In Colorado, when someone dies without a will or known next of kin, their belongings become part of what’s known as an "intestate estate." As the caregiver, you... View More
Is a will executed in 2018 in the state of Colorado, which states it was signed in front of two witnesses but, in reality, only one witness signed along with a notary public (not serving as a witness), valid if the person executing the will had questionable capacity due to health issues, and no... View More
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answered on Apr 12, 2025
That’s a really important question, especially when there are concerns about the will’s validity and someone’s mental capacity at the time of signing. In Colorado, a formal will generally requires **either two witnesses** or it must meet the criteria of a **self-proving will** signed in front... View More
My mom recently passed away while residing in Arapahoe County, Colorado, and she left a will. The will generally states that all assets are left to my dad primarily, and to her two children, my brother and myself, as successors. We do not anticipate any disputes among the beneficiaries. What steps... View More
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answered on Apr 12, 2025
I'm sorry for your loss. To ensure your mother's estate is properly handled in Arapahoe County, Colorado, and to understand your rights as a successor beneficiary, here's a step-by-step guide:
**1. Locate the Will and Identify the Executor**
The original will must be... View More
I have not seen my mother's will yet, and I'm uncertain about how to proceed. My mother and stepfather passed away a few weeks ago, and there has been no communication regarding the probate process. I believe my mother's adult stepchildren may have been involved with her care, and I... View More
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answered on Apr 12, 2025
First, try to contact the probate court in the county where your mother lived at the time of her passing. They can tell you if a probate case has been opened and who the executor of the will is. If the will has been filed with the court, you can request a copy, which will help you understand your... View More
I received a Colorado Will and Testament form from a lawyer through Justia. It only has three spaces for beneficiaries, but I have four children. I want to distribute my assets equally among them, with my daughter receiving a higher percentage. I plan to include my home in the will unless I sell it... View More
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answered on Feb 19, 2025
You would write in all four beneficiaries. But making your own will is dangerous, especially the execution. Hire a CO attorney to draft and execute that will.
We would like to gift 2.5 acres (undeveloped) of our 5 acre lot (which has our home and a large shop on it) to our son and his wife. Right now we are zoned RR-5; we know we will have to go to the county (it is on county land) to try to rezone. We wonder how gifting 1/2 the property might impact our... View More
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answered on Feb 1, 2025
Most mortgages/deeds of trust have a due on sale clause, so you cannot deed it to anyone without the lender's consent. His tax basis is the same as yours if you deed it now while your living, but he gets a stepped up basis at your death as an heir. Hire a CO attorney to advise.
What is the recommended way to set up a new LLC to protect myself from having my wages garnished at my employer and safeguard my personal assets if my business fails, especially if it has LLC has business loans?
answered on Jan 9, 2025
To set up an LLC in Colorado and protect your personal assets and wages from garnishment, ensure the LLC is properly formed by filing with the Secretary of State and maintaining separation between personal and business finances. Avoid personally guaranteeing business loans, as this could expose... View More
I'm doing research for my end of life planning and ran across this item I never heard of before.... doctors signature on DNR's as well as notaries to make the DNR within the Advance Directive/Living will legally binding ref given me : Colorado Revised Statute 15-18.6. etal
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answered on Nov 18, 2024
Under Colorado Law there is a mechanism for a doctor to appoint a healthcare decisionmaker for you if you have not already done so and are unable to do so now. This can easily be avoided by appointing a healthcare decisionmaker yourself while you are capable. Your healthcare decisionmaker... View More
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answered on Nov 13, 2024
Hello ~ if a person dies in Colorado and there is no will found, that decedent will have died 'intestate'. An heir or interested person can still file for probate, but it will be with the distinction that there is no will under which to follow the distribution of estate assets. Instead,... View More
answered on Oct 1, 2024
None. You are not obligated to pay any of their bills or expenses with your own money.
the will states -if the primary "Personal Representative" (the person responsible for managing an estate after someone's death) is unable to serve, the successor or Substitute Personal Rep who shall serve without bond shall be the next person willing to serve from the list below in... View More
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answered on Sep 23, 2024
“In order named” means one at a time in the order of priority listed. So if Joe Smith is alive and well and capable and does not decline to serve then Joe Smith serves as sole personal representative.
Can named alternate beneficiaries receive any residual real estate from Trust after lifetime of original beneficiary. (This would be the only thing in Trust & would necessitate Trust being left open) If so, must the alternate beneficiaries be told/informed when the Trustor first dies? That... View More
answered on Sep 16, 2024
Yes, in Colorado, provisions can be made in a revocable trust for alternate beneficiaries to inherit after the sole original beneficiary dies. This is standard practice, where alternate (or contingent) beneficiaries are named to receive trust assets, such as real estate, upon the death of the... View More
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answered on Aug 29, 2024
A deed is used to transfer real property to a living trust. The deed must be recorded in the land records of the county in which the real property is located. There are several types of deeds. An attorney can help you prepare and record the right kind with the right claims for exemptions from... View More
answered on Sep 6, 2024
If you are concerned about preserving your condo with $150,000 in equity for your heirs and avoiding Medicaid Estate Recovery, there are some strategies you might consider. However, each has important implications and requirements under Colorado law.
Key Strategies to Consider:
1)... View More
Just formed my LLC and want it to be the holding company and an S corp what do I need to file and in what order?
answered on Sep 6, 2024
I mostly concur with the earlier answer provided to your question above. Here is my response with a few more notes
1) Use Your LLC as a Holding Company: Structuring your LLC to act as a holding company simply involves using it to own other businesses or assets. You don’t need to file... View More
My father passed away in 2023. He told my sister and I we were beneficiaries to the trust prior to his passing. My step mother, the trustee, refuses to provide us with a copy or show us the trust or any of its contents.
I am not able to find a copy of his will, trust or probate in public records.
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answered on Aug 5, 2024
In Colorado, beneficiaries of a trust are generally entitled to information about the trust. This includes a copy of the trust document. Your stepmother, as the trustee, has a duty to provide beneficiaries with enough information to protect their interests.
You should request a copy of the... View More
I have not been able to navigate the colorado clerk website to find deeds thank you.
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answered on Jul 24, 2024
Hire a CO attorney to draft and record that Deed. Do not use a form. Your mistakes could be catastrophic, and possibly uncorrectable.
If no memorandum is in existence at my death, or to the extent such memorandum fails to dispose of all of such property effectively, I give my tangible personal property, or the portion of it not effectively disposed of, to Bill (deceased). If Bill does not survive me, I give my tangible property... View More
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answered on May 23, 2024
It is very possible. It is ambiguous whether all three legattees or their next of kin take though.
I'm the owner of McDonald's and the will was never brought to any ones attention that I Mitchell Jensen or Mitchell Rio own and did inherit all of McDonald's. I picked up the bank account as soon as I started owning McDonald's
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answered on Mar 18, 2024
If you believe you have inherited ownership of McDonald's through a will, it is essential to first verify the authenticity and legal standing of the document. You should consult with an attorney experienced in estate law and corporate ownership structures to assess the will's validity and... View More
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