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Colorado Elder Law Questions & Answers
1 Answer | Asked in Real Estate Law and Elder Law for Colorado on
Q: can the courts force the sale of a multigenerational home held in joint tenancy upon demand by one of the four owners?

Mother in law has retained an attorney who is threatening court ordered forced sale under CRS 38-28-101. @ closing, she signed an affidavit stating she would not require repayment in part or in whole for the assistance with the down payment on 12-07-2016. Since the closing, she has moved in 2X and... Read more »

Donald C Eby
Donald C Eby answered on Apr 25, 2021

Is it possible for a 1/4th owner to force the sale of the property. In general, yes. But, you and the other partners may have defenses. You should contact an attorney to discuss the facts in detail and to potentially have an attorney respond to the attorney demand letter showing that you do not... Read more »

1 Answer | Asked in Civil Litigation, Elder Law, Estate Planning and Probate for Colorado on
Q: My sister is trying to remove my name from a death certificate so she can deal with finances without permission?
John Hyland Barrett III
John Hyland Barrett III answered on Apr 15, 2021

I'm not sure what difference the death certificate makes. In Colorado, the Personal Representative controls disposition of the decedent's assets. The Personal Representative is appointed by the probate court. It usually is whomever is named as PR by the will. If no will, then the PR is... Read more »

1 Answer | Asked in Elder Law and Legal Malpractice for Colorado on
Q: If I send an attorney an email is it the same as sending a letter certified mail

Where or how do I get my answers

Tim Akpinar
Tim Akpinar answered on Oct 11, 2020

A Colorado attorney could advise best, but your question remains open for four weeks. As a GENERAL matter, email could provide proof that a communication was sent. Whether it is given identical treatment could depend on the context and setting. In the Federal Rules of Civil Procedure, there is... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Colorado on
Q: Mother died. House is in name of trust. Do I need to tell county assessor or treasurer I'm the successor trustee?

Are there other house-related forms or reporting duties I may not be aware of for Colorado? I already filed a trust registration statement with the district court.

James Newell
James Newell answered on Aug 21, 2019

At a minimum, you should update the mailing address on file with the county assessor's office, assuming address to which you would like tax statements mailed has changed since your mother died. If the trust document states that title to the house must be transferred out of the trust you will... Read more »

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Colorado on
Q: I am a disabled senior married 33+ years and the injured spouse. I need to filled divorce now, she has taken all & moved

I have been taken care of most of those yrs. WIfe is breadwinner and has $200,000 to $400,000 in assets. I been living on st and hotels over a yr, no car or health insur or any of our or my things. She moved and took everything we had. I just want my life back or at least part of it. We lived... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 25, 2019

Lawyers in Colorado are not allowed to do divorces on a contingent fee basis. It is possible that the court could order her to pay some of your attorney fees.

1 Answer | Asked in Elder Law and Probate for Colorado on
Q: Built a cabin w/ my mother, it was left to my husband and I. What do I do with items in cabin.

Some of the items in the cabin are our from our personal home and don't have receipt's as items are over 10 yrs old.

Ashley Dean Powell
Ashley Dean Powell answered on Oct 31, 2018

If by "left" to you and your husband you mean that the house was given to you (or transferred automatically based on how it was titled) upon her passing, then you may want to consult with the personal representative of your mother's estate. Even if the house passed to you outside of... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Colorado on
Q: Do estranged family members have to be notified when my father passes away? He demands they know nothing about his death

I was recently made head of my dads will, estate power or attorney etc. His wishes are that his estranged daughters (been absent from his life since 2010). Not be notified of his passing and his will specifically states they are to get nothing. No major assets, Money or property. Just personal... Read more »

Richard Winblad
Richard Winblad answered on Sep 20, 2018

If a probate is filed your state will likely require that they be notified as an heir even if the Will disinherited them. Check with a Colorado attorney.

1 Answer | Asked in Probate, Estate Planning and Elder Law for Colorado on
Q: What happens if a person does before they sign they're WILL?


John Hyland Barrett III
John Hyland Barrett III answered on Jun 13, 2018

If he dies without signing the will, his estate will be distributed according to the law of intestate succession. Generally: to his spouse; if no spouse, then to his children.

1 Answer | Asked in Elder Law for Colorado on
Q: Is it proper when a POA is listing time for doing errands to give the specific times rather than hours?

My Dads POA who is a sibling charges our dad for everything she does for him whether its banking or buying toilet paper. She always in her accounting puts an hour or an hour and a half. I was told that to be able to check into whether she is doing what she says that she should be putting her... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 21, 2018

Power of attorneys do not typically involve any type of payment. A Power of attorney grants an agent (the relative) the ability to act on behalf of the principal (the father).

Based on your facts, if the relative is being compensated for services/tasks made on the behalf of the father...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Elder Law and Estate Planning for Colorado on
Q: Can u decline a conservator

The APS thinks my daughter is exploiting me and wants to take over my care . She’s not and I want no one to take care of besides my daughter.

John Hyland Barrett III
John Hyland Barrett III answered on Nov 20, 2017

You have the right to object to appointment of a conservator. However, it is up to the court to decide if you need a conservator and who that should be. You should retain an attorney to advise you .

1 Answer | Asked in Family Law, Contracts and Elder Law for Colorado on
Q: Re: Filial Law. Parent (ill) they live in CA, I live CO can siblings sue for financial support they are giving parents.

I was raised much differently than siblings, I suffered physical, emotional abuse from both parents. I was treated out of sight out of mind. Moved to CO @ age 18. 1977. Had no communication for 25 years with parents and several family members. After death of family member in 2006 attempted to... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 30, 2017

Based on your facts, no.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Colorado on
Q: What about my moms rights ? They won't even let me see my mom in nursing home

Social services is her guardian...he said this Is his first elderly case..I was taking Care of her from rubbing cream on her legs at night for pain to tucking her into bed and helping her get dressed for 2months I have a spotless record never been in trouble I'm 27 Also..after he took my mom... Read more »

Ben F Meek III
Ben F Meek III answered on Feb 12, 2017

You need to speak with an attorney as soon as possible. If you can't afford one, contact legal aid organizations in your area. You might also contact the state bar association where you live and ask about pro bono services. Human services didn't get involved for no reason but that... Read more »

1 Answer | Asked in Elder Law for Colorado on
Q: My mom is in nursing home is it legal for conservator attorney to brake in and change Locks and clean out her house

My mom tells me everytime i talk to her to watch her house and go stay there but court appointed conservator changed locks kicked me out without no paperwork and shut off water and electricity didn't pay property taxes my mom had sent a check in to pay taxes and they canceled it and put the... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 12, 2017

More information is needed to make an assessment. As a general rule, it may be proper to change locks on a home. Payment of property taxes should be a duty of the conservator, unless there is not enough money to pay the property tax. You do have a right to re-enter the home to get your official... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Colorado on
Q: I am caring for my 88 yr old mother. If she enters extended care can the state sell her home to pay costs?

I own a home also but want to sell it so we have more money for expenses but don't want to find i don't have a place to live if we must sell this house to pay for costs. I am power of attorney and on the deed.

Kenneth V Zichi
Kenneth V Zichi answered on Jan 17, 2017

This is a far more complicated question than it might appear at first. Please appreciate the government can't just come and take someone's home. Unless of course you EXPECT the government to give you money. If you can pay for your own care, this never becomes an issue. That said, a... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Colorado on
Q: How do you transfer Power of Attorney (Financial) when someone no long wants the responsibility?

My mother in law is 78 and can't sign paperwork, she had given the Power of Attorney to her sister who now no longer wants the responsibility, how do we transfer that to my husband (the son)?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 7, 2016

It is not clear what "can't sign" means. If there is a physical limitation, a lawyer can sign in place of the woman (make sure to make this clear to the attorney that they will need to sign in place of the client). If there is something else that prevents a signing (e.g. mental... Read more »

Q: I been calling emailing and trying send my grandma's conservator and guardian messages i need will made but no reply

What do I do it has a attorney name in there but even she won't call me back my grandma needs her will made it says in this booklet my grandpa put " If my wife ain't able to serve will and make decisions I appoint ......and has neighbor name but social services won't listen... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 23, 2016

You will need to contact an attorney.

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Colorado on
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... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 10, 2016

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... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Colorado on
Q: Unmarried mother dies, minor heir,grandparents are guardians/conservator: does estate have to be liquidated to a trust?

Biological father has relinquished guardianship to grandparents (deceased mother's parents) of minor heir.

Robert Jason De Groot
Robert Jason De Groot answered on Sep 27, 2015

Well, what are the assets of the estate? If there are no assets of the estate, probably not. If there are, maybe. Go see a local probate attorney about this.

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