Colorado Estate Planning Questions & Answers

Q: If an estate has not been filed for more than five years after the death, is that legal?

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Answered on Feb 28, 2019
Donald C Eby's answer
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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Colorado on
Answered on Jan 14, 2019
Donald C Eby's answer
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.

1 Answer | Asked in Personal Injury, Car Accidents, Estate Planning and Family Law for Colorado on
Answered on Jan 3, 2019
Robert D. Kreisman's answer
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 decisions on health care. I believe that a POA for health care signed in another state or jurisdiction would likely be honored in another state. By all means check with an attorney in your area who...

Q: who has the rights to a house?

1 Answer | Asked in Estate Planning for Colorado on
Answered on Dec 20, 2018
Ashley Dean Powell's answer
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 dies intestate, then her intestate estate would likely be passed to her heirs as determined by the progression of heirs outlined in Colorado Revised Statutes (CRS) Section 15-11-101 and following. As...

Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Colorado on
Answered on Dec 16, 2018
Donald C Eby's answer
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?

1 Answer | Asked in Estate Planning and Family Law for Colorado on
Answered on Dec 4, 2018
Ashley Dean Powell's answer
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 one of the recipients?) and the intent of the person who created the will are the key factors in determining who gets what whenever possible.

However, you may want to review Colorado Revised...

Q: What happens if my adult children pass away without a will? As their mother, does their property all go to me?

1 Answer | Asked in Estate Planning for Colorado on
Answered on Nov 9, 2018
Ashley Dean Powell's answer
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 child's estate (who died without a valid will or other estate planning devices) will pass to that child's spouse pursuant to Colorado Revised Statutes Section 15-11-102. If your child was not married...

Q: I have been told that it is necessary to get a legal financial separation so that we can both make our wills. True?

1 Answer | Asked in Estate Planning for Colorado on
Answered on Oct 25, 2018
Ashley Dean Powell's answer
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 just how we communicate/explain our advice). And that can lead to your type of discomfort or frustration. Perhaps you just need to get more explanation of what the attorney is suggesting: is the real...

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?

2 Answers | Asked in Estate Planning and Real Estate Law for Colorado on
Answered on Oct 16, 2018
Donald C Eby's answer
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.

1 Answer | Asked in Estate Planning for Colorado on
Answered on Oct 4, 2018
Ashley Dean Powell's answer
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 registered or close to the court that made the order you referenced, for ease) with more details and documents to review.

Speaking very generally, being the sole named beneficiary of the...

Q: Do estranged family members have to be notified when my father passes away? He demands they know nothing about his death

1 Answer | Asked in Estate Planning and Elder Law for Colorado on
Answered on Sep 20, 2018
Richard Winblad's answer
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

1 Answer | Asked in Estate Planning and Probate for Colorado on
Answered on Sep 13, 2018
Ashley Dean Powell's answer
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 account before her death (an account that might have a POD or TOD beneficiary named and thus might possibly avoid Colorado's intestacy laws).

The distribution of your mom's intestate estate...

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.

1 Answer | Asked in Estate Planning for Colorado on
Answered on Sep 8, 2018
Ashley Dean Powell's answer
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 course of the last 17 years, he has lost them. Either way, if you are representing all the facts, then it is disappointing that the attorney failed to properly hold your documents. I believe that many...

Q: my mom passed away a week ago she lived with her boyfriend of 30 years Is he intittled to anything

1 Answer | Asked in Estate Planning for Colorado on
Answered on Sep 8, 2018
Ashley Dean Powell's answer
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 considered to have died "intestate," and her estate will be subject to Colorado's intestacy laws. In the following links, you can read Section 15-11-102 (on page 119 of the PDF at...

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

1 Answer | Asked in Estate Planning, Real Estate Law, Patents (Intellectual Property) and Probate for Colorado on
Answered on Sep 8, 2018
Ashley Dean Powell's answer
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 probability of disputes). Generally speaking, an unambiguous will that is accepted by the Court as valid and authentic will likely trump subsequent verbal preferences that you claim were expressed by...

Q: My mother recently passed away. No will and assets (basically her home) over $66,000. My sister and I are the only heirs

1 Answer | Asked in Estate Planning for Colorado on
Answered on Sep 8, 2018
Ashley Dean Powell's answer
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 an attorney.

A few thoughts:

1. Since you are talking in terms of selling the house -- If there is already a signed contract to sell the house, I would encourage you to re-read the...

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

2 Answers | Asked in Child Custody, Estate Planning and Family Law for Colorado on
Answered on Sep 4, 2018
John Hyland Barrett III's answer
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

1 Answer | Asked in Estate Planning for Colorado on
Answered on Aug 23, 2018
Daniel B. Kelley's answer
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 number of firms, such as Daniel B Kelley Attornet at Law, that offer a free consultation. I suggest you contact one. Answering this question is for informational purposes only and no attorney client...

Q: What happens if a person does before they sign they're WILL?

1 Answer | Asked in Probate, Estate Planning and Elder Law for Colorado on
Answered on Jun 13, 2018
John Hyland Barrett III's answer
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.

Q: My Dad lived & died in NJ, I live in CO, which state do I need to get an attorney?

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Answered on May 24, 2018
Timothy Canty's answer
New Jersey. If he owned property in Colorado, you will need legal help here also.

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