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.
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... Read 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 There used to be a statute, that has since been revoked, that required irrevocable trusts to be recorded.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... Read 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... Read 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... Read more »
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.
She has died in Oregon where that is not a sufficient will, and requires an Affidavit of Witness/Genuine Sig. Since the attorney who witnessed has died and I can't locate the notary (may also be gone, since it was 1998), is there any way to track down legal records/proof from a now-closed law... Read more »
answered on Aug 24, 2022
Contact a competent OR attorney and see if Probate is needed, and if so, whether the alleged Will would make a difference. If necessary, you may be able to Probate somewhere the Will is valid. But most likely she will die intestate, probate or not.
His son is already dad's personal rep.. Dad told him he didn't want him to be his rep. And dad said another nephew would be acceptable. I got court papers from utah.
answered on Jul 26, 2022
In Colorado, the most common ways to be personal representative ("PR") for the estate of someone that passed away are (1) to be nominated as PR in the will, or (2) to be a relative of the deceased person who applies to be PR.
In the first method, the will might name a PR and... Read more »
Can someone in Colorado who is a financial POA with no restrictions contact the principal's insurance company to find out if the principal has paid their premiums?
answered on Apr 13, 2022
In Colorado, a general power of attorney (PAO) gives broad powers to the "agent" allowing the agent to do things on behalf of the "principal". Common tasks are financial transactions, real estate transactions, paying bills, opening mail, and signing documents. The agent only has... Read more »
My husband passed away in November of 2021. When he died he left everything to me, which included 5 income properties, 2 businesses and several antique vehicles. I need to do a will for myself now. I have 2 daughters, but one of my daughters is living on public assistance and she’s disabled. I... Read more »
answered on Mar 15, 2022
For your two daughters, specifying how much you would like to give each of them (90% to one, and 10% to the other in this case) is almost as simple as saying just that in a properly executed will. Wills can leave what are called "bequests" to different individuals, and you can specify... Read more »
All the bills are in his name only - I had not signed anything.
answered on Mar 11, 2022
Generally speaking, you are not responsible for the debts of another person, even if its your husband's medical bills as in this case. Since they are in his name only and you did not sign anything personally guaranteeing payment, you are not responsible for that debt.
However, your... Read more »
Then give that money to his mom to buy us a house. Now separated and she sold the house and we are goin through a divorce. Am I entitled to all the money back. Or do I need to split it with my ex husband. Do inheritance laws prevail or are they trumped once I deposited that money into his account
answered on Feb 11, 2022
That money has become marital property. It is now subject to an "equitable" distribution. This means a "fair" division, not necessarily an "equal" division. You should get lawyer to help you with this.
My dad wants to remove my son from deed and titles. He has had to get a protection order against him. My mom wanted him on the deed and titles. My mom has passed and my dad wants to cut him out of everything.
answered on Feb 11, 2022
Colorado recognized joint ownership of vehicles. Check with the rules for your county; try typing in the name of your county/state and "joint vehicle registration" for help. For example, our office is in Larimer County, which posts this information:... Read more »
Live in Colorado. Assets worth $130,000. All jointly owned. No real property. He has 1 child from another spouse. No will or trust
answered on Feb 9, 2022
As with so many answers about estate planning issues, the answer is "it depends", and how to proceed depends on you and your spouse's wishes. It is very possible to avoid probate or be able to use a much simplified process of probate but it generally depends on what those assets... Read more »
I want to change my trust document to give my corporation to a person upon my death. How do I complete the sentence?
If assets of XYZ Consultants are a part of the Trust Estate Trustee shall
answered on Feb 3, 2022
Closely-held corporations in Colorado own assets in the name of the company even if the company is owned and operated by one person or a family. To use your example, the assets of XYZ Consultants would remain in the business if the owner of a single-member LLC died. Only if the business is... Read more »
His estate is in probate and nobody was beneficiary on truck loan . But has 2 kids that dont want the truck and cant pay off the loan.
answered on Jan 23, 2022
You can make an offer to buy the truck from the estate for an amount equal to the amount to pay off the loan. Make sure the estate does in fact use the cash to pay off the loan, of course.
I understand that a living trust must be funded, for example, by assigning interest in tangible property, assigning vehicle title, changing ownership of financial accounts to the trust, and that these items are listed as the property of the trust. My question is about assets that would transfer to... Read more »
answered on Jan 22, 2022
In Colorado, all trusts have four moving parts: a creator, a manager, a beneficiary, and some valuable assets. The valuable assets in the trust (called the "res" in some legal reference materials) are often just listed as "a dollar, and any other assets transferred in the... Read more »
answered on Jan 17, 2022
In Colorado, a self-proving will must conform to Colorado Rev. Statute § 15-11-504 and does require two witnesses. Any will, notarized or not, that did not have witnesses is not self-proving. While it is possible to form the self-proving feature after a will is otherwise formed, it is most common... Read more »
are trustees required to submit forms proving powers of appointment?
answered on Dec 18, 2021
Irrevocable trusts are required to be registered as are estates subject to probate. Revocable trusts and estates under the probate requirements are not required to be filed with the district court, probate court in Denver County.
The best way to find out is to go to ICCES... Read more »
I would like a lawyer to explain to me in layman's terms what's really going on with my grandfather's estate and my inheritance
answered on Aug 6, 2021
Hire a competent CO attorney to look at the documents and give his assessment. You may need to examine the Probate Case File at Court, or at least call the Clerk.
Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately
answered on Jun 18, 2021
You can evict them through the formal eviction process if they will not leave upon your request.
Her will stipulates that if any of her children passes away before the final distribution is made, that child's share is divided among the remaining living beneficiaries. Is it possible to put a provision in my will so that if I die before the final distribution is made, my share will go to my... Read more »
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