Colorado Estate Planning Questions & Answers
Q: how Much time does an executor have to settle the estate?
My grandparents died 5 years ago and had a house out of state that hasn’t sold. It is listed online as “off market” and we still have not received the inheritance from the executor. Do they have a time limit on when this needs to be paid out? It’s been 5 years and it still is not settled.
There is no set time for an estate to be wound up and paid out; it depends on the size of the estate and other factors. The executor (or personal representative) of a last will has a fiduciary responsibility to protect the assets entrusted to them and to insure that everything is done legally so as... Read more »
Q: Does the money in my mother's trust belong to the beneficiaries as soon as she dies or does it remain in trust
until each beneficiary receives their yearly distribution until the money runs out? Is there something official that can help back me up on that?
This depends on the terms of the trust. The trust document controls. It may call for distribution or it may remain in the trust. You have to review the trust statement to see what it says.
Q: If an estate has not been filed for more than five years after the death, is that legal?
My mother in-law helped us secure a mortgage for a home we shared with her. The loan is only in her name. We have paid for ever bill in association with the property and loan. Now my father in-law who doesn’t and hasn’t lived with us discovered the equity is in our home is sizable and is... Read more »
Ultimately, someone will have to Probate the Mother's Estate. If you have a lot of equity at stake I recommend you talk to an attorney to protect you in this process.
Q: Does my mom have to sell my dad's estate after probate? He had 3 kids prior to marrying my mom & they then had 4 kids.
My dad passed away June 2018. He had no will, only his name is on the house (which is paid off). My mom lives in the house as she was married to him for 39+ years. My dad had 3 kids prior to marrying my mom, then 4 kids with my mom. All 7 'kids' are over 21 years old. We all agree she will be... Read more »
It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.
Q: Can a relative be given Power of Attorney, to help another relative in a different state.
This is because of a car-pedestrian accident. The injured party needs to hire a PI lawyer, and he isn't well versed in claims and because of the injury, a family member needs to be able to be the contact to assist the lawyer and make medical decisions. Is the dual state a problem?
The first issue is whether the injured party is of sound mind and memory and/or has the capacity to sign a POA. If the injured person hires an attorney, then that attorney would be empowered by the attorney-client contract in most instances to handle most of the issues you raise excepting the... Read more »
Q: who has the rights to a house?
My mother in law owned a house jointly with her husband from a second marriage who passed 3 years ago. The house was re-titled into her name and she refinanced the mortgage. If she passes instate, does the house pass equally to her daughters? Or will it go equally to the daughters and to the son of... Read more »
Short Answer: If the son of her deceased husband was never actually adopted by your mother-in-law, then there is a chance that such un-adopted stepchild will not participate in her estate as one of her own children.
Long Answer: If your mother-in-law is the sole owner of the house and she... Read more »
Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?
My understanding of Colorado law is that only the last sole survivor of a joint tenancy can be the grantor of property to a beneficiary upon his/her passing. But if one or more original owners quitclaims their portion to others within the original group of joint tenants, does the right of... Read more »
The chain of title will need to be examined to definitively answer your question.
There is a likelihood based our the facts stated that the Right of Survivorship remains valid.
Q: When someone passes & "estate will"goes to X #of kids but 1 has passed what happens to the deceased kid's share?
The child that died had 1 child, does the deceased share go to his son or to the other siblings?
The answer somewhat depends on a variety of factors, such as whether the will intended a class gift (for example, "to all my kids") or was a list of specific devisees (recipients) of the gift. The specific provisions of the will (did it clarify alternative recipient or how to deal with the death of... Read more »
Q: What happens if my adult children pass away without a will? As their mother, does their property all go to me?
Yes, if your child did not have any estate planning, did not have a spouse, did not have a properly recorded designated beneficiary agreement, and did not have any children, then the intestacy laws would probably put the surviving parents first in line to inherit.
The details: Your adult... Read more »
Q: I have been told that it is necessary to get a legal financial separation so that we can both make our wills. True?
My husband and his lawyer informed me that since we are a blended family, that we need to be financially separated for my husband and I to make our separate wills. This doesn't make sense to me, and has caused so much stress that we are at the point of a full divorce. Thank you for helping!
I'm not sure what exactly your attorney might mean by a "legal financial separation," but it's probably not absolutely required. And you shouldn't let that advice break up your marriage.
Sometimes, we attorneys can tend to be "black and white" or overly analytical in our advice (or even... Read more »
Q: A family trust gave us funds to assist in the purchase of a home. After the purchase they filed a lien on the property?
The trust demanded a promissory note and deed be signed after the purchase of the home. They said to ignore the promissory note and not to worry about the details of the deed (which incorporated the note and referenced it)! We declined / refused as the details were not anything discussed, nor... Read more »
Based on your facts this is likely a spurious lien. You have no obligation to agree to new terms after the gift or loan was delivered. You should contact an attorney to assist you in removing the lien.
Q: My uncle was a conservator for my father who was disabled via a TBI. My uncle created a irrevocable trust for me.
I am the sole child. My uncle stands to be beneficiary if I die. He somehow did a court order that created the trust(?) it is outside the norm for the situation. Do I have any recourse to remedy the situation?
If you wanted to challenge something about your uncle's representation of your father's interest as his conservator or something about the trust specifically, you probably want to consult a Colorado attorney (ideally one in the same county where your father and uncle live or where the trust is... Read more »
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 »
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.
Q: Is money in a deceased parent's estate required by law to be split evenly among the living children (heirs)of the parent
My deceased mother's estate, which is represented by my younger sister, might be awarded a settlement by a car insurance company for pain and suffering she incurred from a car accident 7 months before her death. I don't trust that my younger sister will split the award evenly among us four... Read more »
Your question above may not have all the facts necessary to accurately answer your question.
Assuming that your mom did not have a will, trust, or other instrument to dispose of her assets (she died "intestate"). Assuming that the settlement was not directed by your mom to a very specific... Read more »
Q: my sister in law died recently, my husband , her brother and I all had our wills made out by same attorney 17 hears ago.
We went to him after she she died to update our wills & get his advice about how to proceed with the sale of her house. We left all 3 wills with him & he has lost them. Now what do we do?
Sounds like a difficult situation. I'm not sure whether "we left all 3 wills with him" means that you recently took them back to him for revisions and he has already lost them or whether you left all 3 with him 17 years ago (he agreed to keep the originals back when he drafted them) and, in the... Read more »
Q: my mom passed away a week ago she lived with her boyfriend of 30 years Is he intittled to anything
my mom passed a week ago there is just my sister and I and a boyfriend of 30 yrs nothing was in his name just my moms I was made power attorney at hosp because he was intoxicated everyday he will not produce will of any kind hes not on her bank accounts he has no job in trouble with the law almost... Read more »
Colorado does recognize common law marriages. If the boyfriend of 30 years is deemed to be a common-law spouse, then he might have rights.
It sounds like you are looking for and requesting evidence of whether your mom had a will or not--that's good. If she did not have a will, then she is... Read more »
Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed
My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could stay... Read more »
The short answer: you probably have an uphill battle.
One very fundamental value of estate planning is the opportunity to express your wishes in writing (through a will or trust instrument, for example) so that there will not be disputes after your death (or, at least, there may be less... Read more »
Q: My mother recently passed away. No will and assets (basically her home) over $66,000. My sister and I are the only heirs
We have filed all necessary court papers to assign me as PR, now I understand that in order to sell her house I need a PR deed. The title company is requesting that a lawyer prepare the deed paperwork. My question is can I do it myself or do I NEED a lawyer to do it and if I need a lawyer how much... Read more »
It is possible that the title company may have a genuine preference for including the assistance of an attorney (makes life slightly easier for them). They may also be trying to protect you from making mistakes in the deed. That said, Colorado generally does not require that a deed be prepared by... Read more »
Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed
My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could stay... Read more »
Your grandparent's will controls who has the say over their property. If that is the uncle, he can evict you despite what your grandparents said before their death. You should have an attorney review the will to see if you have any rights.
Q: my son recently passed away, and was living with a gal for almost 2 yrs,well, he took care of her for first year 1/2
she was a drug addict and needed constant watching, any way, he made a will and me and my boyfriend are on it, also he has 2 children, is she allowed too keep his things, she has already forged her name on title of pickup we sold my son 5 yr's ago, and we been paying the regerstiation , since than,... Read more »
Your real question appears to be "was my son relationship with his girl friend considered a common law marriage thus entitling her to all ot part of his estate"? This, like so many legal questions are fact specific. I suggest you find competent counsel to review your specific facts. There are a... Read more »
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