Am i entitled to the car because i was still on it? How did someone else get it?
answered on Aug 4, 2023
If a court does not apportion property in a divorce, the division of assets may be left unresolved or handled informally by the parties, leading to potential disputes. Lack of legal guidance can result in an inequitable distribution, possibly favoring one party over the other. This can create... View More 
I have her last will and testament naming me as her attorney-in-fact (agent). Her will was never lodged with the county because she died March 20, 2020, ten days after governor Polis declared state of emergency due to the pandemic, closing most govt offices. My mother had no probable assets at the... View More
answered on Jun 23, 2023
Getting the Court document naming you as Personal Representative is usually a pretty straight forward process. You will need to go to the court and file a probate case. You can get the forms for a small fee at the courthouse or for free online at the state judicial website,... View More
My dad was named as an heir in my grandmother's will. He preceded her in death, but the will was never updated. Am I eligible for his share? I am his only child, and he was never married. The Colorado code that governs it I believe is § 15-11-603, but I don't quite understand the legal... View More
answered on May 18, 2023
This response is generalized information related to Colorado inheritance, and is not legal advice specific to your situation.
Gifts made in a Will are sometimes given special attributes, conditions, or rules. A gift that fails to meet the conditions required in the Will can... View More
answered on May 18, 2023
This is kind of like rebuilding the engine of a car. You can rebuild a car engine yourself; there is no law that requires you to hire a certified mechanic.
But you may not know how to rebuild a car engine because you lack the training and experience.
Similarly, unless you are... View More
My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty... View More
answered on May 20, 2023
It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.
Generally... View More
I have two sisters. We all shared power of attorney and healthcare POA when he was alive. We were all beneficiaries on his life insurance and we were all beneficiaries on POD accounts.
answered on May 20, 2023
You still file the probate paperwork with the Court.
You can file the copy of the Will and the Court will expect you to provide a sworn statement as to what efforts have been made to locate the original and to determine whether there might be a newer one. If the Court is satisfied with... View More
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answered on Apr 20, 2023
Thats a hard one because people store their wills in different locations.
I would start by digging through the house, safes, deposit boxes, and so on. If you can't find it, then you need to broaden your search.
You may wish to start checking with public sources where your... View More
Three were paid off when sibling 1 took out loan. Sibling 2 was in prison and quit claimed but never got their share. What is the best way to fix this situation? Three siblings have no ownership. Sibling one and two have different percentages of ownership but nothing in writing. Sibling 2 currently... View More
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answered on Mar 29, 2023
If the property has already gone through probate and the personal representative distributed all the deeds, then there are numerous options including a partition action, contract negotiation, or other.
If the property did not go through probate, then that may need to happen so the deeds... 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
Do I follow the Missouri the distribution of the funds since the person died in Missouri?
answered on Feb 21, 2023
Generally, if a person dies in another state, their primary probate action will be in that state, as you have described in this situation. The proceeding opened in Colorado is called an ancillary probate. It is for the sole purpose of addressing the property located in Colorado.
The... View More
Last year my s/p and I filed taxes together. He recently was killed by a drunk driver. We were together 4 years. I told his mother I already filed taxes for this year which I plan on doing. We were practically married and everyone knew it. He made this huge post on FB claiming me etc. I’m his... View More
answered on Jan 24, 2023
First, my condolences on your loss. Please make a little time to take care of yourself. You have a lot going on and I'm sure it's more than overwhelming. You'll make it through it. You have to take care of yourself so you can keep your wits about you.
This is a really... 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
I am the executor of the my father's estate. My brother is incarcerated and would like me to give his inheritance money to his Power of attorney, who is a friend and business partner. Is this legal or should I put it in a trust or account until he is released? Also, if this is permitted,... View More
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answered on Dec 4, 2022
A power of attorney is a document, a stack of papers, so, no, you would never want to distribute to a power of attorney because that is not a natural person or entity; it is not capable of receiving an inheritance. If you mean the person designated in the power of attorney, usually called an agent... View More
Come to find out cousin wired herself the money from a 1st bank of colorado to New York where she lives. How do I start the process of prosecuting? It was only about $6000 but it was my daughter’s .
answered on Dec 28, 2022
There is not enough information here to be able to provide an answer. I can provide some general information based on some possible scenarios.
The first question is what the cousin's legal status was in regard to "being in charge of" the bank account. Depending on the... 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
Personal representative not providing copies of a Will and Codicils to family members
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answered on Nov 17, 2022
You have no right to someone else's legal documents. Once the testator dies, and the will is filed for probate, then you can examine the Court File. Until the testator is dead, any will document is ambulatory and subject to change/revocation.
I'm struggling to get my sister on the same page about what to do with my dad's house. It's still in his name because he didn't leave a will and my sister and I have yet to go through probate. I have tried to sell her my share of ownership for a reasonable sum or suggested we... View More
answered on Nov 7, 2022
It should not affect your credit since you are not on the title or the mortgage. You may want to take a more active role by being appointed the personal representative ("executor") so you could sell the property if there is any equity to protect. You should get a lawyer to help you with this
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
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