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answered on Mar 28, 2023
“Heir”: An heir is someone who’s legally entitled to inherit your assets if you die intestate, meaning you pass away without a valid will or trust. Your heirs are people related to you by blood or marriage, like your spouse or children. If you die without an estate plan, your heirs will be... View More 
To hear from someone since 2015. 4-3-2015 was when he deceased. Last spoken to anyone was 11-12-2014.
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answered on Mar 13, 2023
Obviously you have waited too long to look for a legacy. If a devise was made with other devisees, then some of them might have paid taxes. Look in the property records where you think the decedent's lands might have been, and see if there might be property where you were one of the... View More
She just got her drafted will from whoever drafted it in Colorado, but she currently lives in Texas. Can she get it signed/notarized in Texas? Would it still be considered legal since it was drafted in one state and notarized in another?
answered on Mar 8, 2023
Generally, Wills are made under the laws of the state where a person lives. A complete, valid, signed, notarized, and witnessed Will made in any state is usually good in other states, meaning a person with a completely formed Will can move to a new state and the Will is still valid. Unfortunately,... View More
What does this mean on a deed to property in colorado. So where it says Name are the people's name on the deed
answered on Mar 8, 2023
I can't interpret the phrasing on the deed without seeing the entire document, but in general, the phrase "1/3 ENT" likely means a "one-third interest" or a one-third ownership is conveyed to that person. Contact an attorney and ask for help interpreting the deed and... View More
answered on Mar 6, 2023
For answering your question, I presume you mean that you signed the will as a witness. Generally speaking, a will is still valid on its face when signed by the testator (creator of the will), signed by two witnesses, and notarized. Here are some points to consider:
Under Colorado law, a... View More
answered on Feb 20, 2023
Your goal to create an anonymous beneficiary is more common that you might think. This is not legal advice specific to your situation, but is instead a general answer to your question and point you may wish to consider with your attorney. One way to keep a gift private is to use a Trust, and... View More
How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.
answered on Jan 25, 2023
This can be a tricky question, and it is my understanding that the answer may vary for different purposes, so it would be wise to also get opinions from a bankruptcy attorney and a tax attorney as well. This answer is going to be from an estate planning and family/divorce perspective. I do not... View More
My child’s paternal grandmother is a addict and a child abuser and is not allowed around or alone with my child until he turns 18 preferably 21 years old
answered on Jan 25, 2023
The answer to this is essentially a 2 part answer.
First, yes, you absolutely have the right to express that in your Will. There is broad freedom to include things in your Will. That includes statements about who you prefer to finish raising your minor child, conditions around any... View More
My father passed away and most of his debt is in his name only. There was no will and the only evidence I have is my mom listed as the beneficiary for both his life insurance and retirement plan. Is that money safe or can creditors take from there? What about their house, is that at stake with... View More
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answered on Jan 16, 2023
Allot of this really depends. If I recall, If the debt is solely in your father’s name, I would think his estate would be liable for the debt. If the debt was in both your mother and father’s name, then you mother could be jointly liable. If the debt was attached to a security interest such as... View More
Her recovery is not going well and she might not leave the hospital. As the executor do I have a fiduciary responsibility to file a claim with the building owner's insurance company to protect her estate from the mounting medical bills?
answered on Dec 28, 2022
First, I am very sorry to hear this happened to your mother. That is a difficult situation, even without the legal implications.
At this time, it is important to keep track of legal roles. An executor, or personal representative, does not have any duties until the person has passed.... View More
Does a Trust need to be created to to have the house transferred to his name? At one point she sold her house without any knowledge of what she did, but we were able to get it reversed given elder abuse from a realtor.
answered on Dec 27, 2022
You don't mention whether your mother-in-law resides in Colorado. The following answer presumes that she does. If she lives in another state, an attorney in that state should be consulted to learn the proper procedure there. If your mother-in-law is no longer capable of making rational... View More
When my dad was in the hospital, she would not let us see him to say goodbye and claims that he told her that his children and grandchildren get nothing, I finally received the family photo albums with missing pictures. She had only been married for 10 years and she even took the military flag... View More
answered on Nov 21, 2022
I'm sorry to hear of your loss and the difficult position you are in regarding your father's estate. Your question did not mention your jurisdiction or if there was a Will. In most states a Will is given priority for how personal property (the flag, jewelry, furniture, photos, etc.) and... View More
What do I do? No one seems to want to help me. Will was redone misspelling my father's name. This was done 3 months before he died at 82 with a brain tumor 3 other forms of cancer with radiation treatments. Found out there was a reverse mortgage put on the house for $1,140,600. On October 20,... View More
You need to call an attorney to protect your rights. Attorneys in Burg Simpson’s commercial litigation department may be able to help. Additionally, attorneys who litigate probate cases involving estate planning/wills/trusts may be able to help. Bottom line: you should call an attorney.... View More
Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes
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answered on Oct 20, 2022
I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... View More
I have trust land and the tribes want to buy my interest and conveyance for something
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answered on Oct 19, 2022
Afternoon,
I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a... View More
The women he was living with says common law wife and wants half of the estate, can she do this?
answered on Oct 18, 2022
A Colorado attorney could advise best, but your question remains open for three weeks. Your question probably went unnoticed under this general heading. You could try reposting under the "Probate" and "Estate Planning" headings. If still no response, you could reach out to law... View More
My brother lives in the house. I want him and my sister to be co-owners . How do I get out of this situation the simplest way possible. Am willing to sell it to my sister for $1.00 or whatever is required.
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answered on Oct 3, 2022
You need to talk to an attorney ASAP. Believe it or not, you may be in a really good situation since you all currently agree. Once, everyone disagrees it becomes a nightmare.
If you want off the property, you may be able to sell or gift your interest to them. Either way, you want a... View More
this is a revocable trust however it says only irreevocable trusts must be registered with the county
answered on Sep 15, 2022
Your revocable trust does not need to be recorded or registered anywhere. There used to be a statute, that has since been revoked, that required irrevocable trusts to be recorded. This is no longer a requirement.
Upon a Trustors death, during administration, there may be a need to file the... View More
I am executor of my mom's will/trust. One of two siblings has left the state and possibly the country, and there is no communication on his part, despite our family's efforts. What must I do to satisfy Colorado's requirements to notify him and escrow inheritance? How long must I wait... View More
answered on Sep 11, 2022
As a general rule in Colorado, C.R.S. § 15-12-705 sets the expectations for notifying a beneficiary or likely heir to an estate. The code states, in part, "the information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to... View More
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answered on Aug 26, 2022
I agree with Ms. Whitehurst. A POA can grant different levels of authority. Some POAs may permit the user to take financial action while others may not.
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