Get free answers to your Elder Law legal questions from lawyers in your area.
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 
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
answered on Dec 1, 2022
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
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... View More
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... View More
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... View More
Where or how do I get my answers
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... View More
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.
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... View More
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... View More
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.
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.
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... View More
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... View More
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.
WELL THE SITUATION IS THAT MY SIGNIFICANT OTHERS FATHER IS IN THE HOSPITAL. HE IS NOT EXPECTED TO MAKE IT MUCH LONGER. NOW THE PROBLEM IS THAT THERE ARE CAREGIVERS TRYING TO TAKE EVERYTHING HE HAS AND NOT LEAVE HER WITH ANYTHING. I HAVE A WILL BUT IT WAS NOT SIGNED BEFORE HE WENT INTO THE HOSPITAL.... View More
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.
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... View More
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... View More
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.
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 .
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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)?
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... View More
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... View More
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... View More
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... View More
Biological father has relinquished guardianship to grandparents (deceased mother's parents) of minor heir.
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.
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.
