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... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2021
Your will can not override her will.
The brother has several people living in there & it's a mess. we can't find a will. There are no other known assets Mom passed away Nov. 2019. Can we legally get him out in order to sell the property. He is back & forth & both. We have changed the locks & he changes them.... View More
answered on Jun 15, 2021
One option: Have one of the children file for probate and ask to be appointed personal representative of the estate. The PR can bring an eviction action if necessary. The PR can then sell the properties and administer the estate by paying any liabilities and distributing the proceeds among the... View More
Our life insurance policies have beneficiaries as do our retirement accounts. We will name each other as agents/beneficiaries and another family member as a secondary agent.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2021
It is always a good idea to have a will to ensure that your property passes as you wish rather than by state law. Additionally in your will you appoint a personal representative to handle the estate. Certain retirement accounts may be passed to the other spouse if you have a survivor benefit plan... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2021
You don't "need" a will if you don't care who inherits your real and personal property after you die. You can just let the chips fall where they may. A lot of people do care, however.
Are your parents still alive? Are you OK with them inheriting everything? If your... View More
^*buy.
I have been planning to leave an emotional and verbally abusive marriage. I am making a safe plan to leave. I got a job and have been pre-approved to buy a home. Will my husband tried to fight for the house if he finds outs? I am sincerely doing this for my safety and my kids. We... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2021
I am sorry to hear about your situation. In your situation, if you would like to purchase a home before the dissolution is final, it may be best to file for legal separation or wait until after a dissolution to purchase the property. Anything that you purchase after a decree of legal separation is... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2021
If he was the personal representative of the will, he could. Particularly if your father indicated that cremation was his wish.
She died with no will but estate is settled. Didnt need to go through probate EVERYTHING done. Just need her loveland colorado SUV title put into husbands name so he can register it in whyoming where he now lives. How does he do this .? My friend is not technicality savey on the internet so I am... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2021
The personal representative should be able to handle a title transfer for the person who inherited the vehicle.
I have a child that was 17 at the time of her dad went missing. I was receiving child support and alimony. D's body wasn't recovered and no death certificate was issued by FL (state of accident). Montrose County filed for support of evidence that he was deceased but bec it took place in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2021
I am sorry to hear about the situation. You could talk to a caseworker who could explain the reason. Often people will have life insurance to insure support or you might be able to make a claim against the estate if probate is a possibility.
We are in Colorado - but federal law might determine the answer to this question. There is an 93-year old mother of recently deceased son (no children) who is not the named beneficiary of two of her son's ERISA plans. Rather the nasty ex-wife 15 years removed still is the beneficiary named... View More
answered on Jan 24, 2021
I am not a Colorado attorney and you ultimately must get with a Colorado estates/tax attorney to get a definitive answer. I can only tell you that in PA this surviving spouse would NOT be allowed to take as beneficiary since she is divorced from the deceased husband.
Mother may have left money to me but stepfather is keeping it or stole or the same with my little brother
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2021
If you can establish fraud, then you may have recourse. You can report this to the police as financial fraud is a crime. You could also hire a criminal attorney who could have a private investigator look into the matter.
They refuse to draw up a will. I want to do everything possible to insure that their home and assets are protected from the government.
They are 88 & 91.
answered on Jan 6, 2021
There many ways to do this including a trust. The simplest and cheapest way is to have them execute and record a beneficiary deed to their heirs. The heirs would have no present interest in the property, but upon the death of the last one, the home would pass to the heirs by operation of law and... View More
Is there a way tolet him live here after I pas without putting property in his name
answered on Nov 11, 2020
If you were legal husband and wife, your assets (including this and any other real or personal property) would automatically pass to him - unless there were any other unforeseen reasons or legal complications that would frustrate that.
Absent any legal martial status, you would need to set... View More
I don't know if he had a valid will @ the time of his death. I am the only surviving child. Since his re-marriage, we've been estranged.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2020
You will want to post this in the NM forum. State law governs estate issues.
My ex insists on living in a rural community where there are zero job opportunities for my career. To continue to work in my career I have to live in NYC. My children are suffering in bad schools full of high-school drop outs, getting into drugs and lots a bad stuff. I need to be with them and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2020
This is something that is within the discretion of a Judge so will depend on the evidentiary presentation.
Also, because of my disability child support has not pursued me for quite some time now
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2020
A child support lien can be placed on a real property asset regardless of the age of the support case.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2020
You don't HAVE to close your gate if you don't mind the neighbors' cattle grazing on your land. Colorado is an open range state. More information about open range here:
https://www.colorado.gov/pacific/agbrands/open-range-and-fencing
The district court granted the motion to set aside the court order of dissolution of marriage. The divorce got reopened based on the Rule 16 (fraud). I was named as a beneficiary of the life insurance policy; however, the life insurance policy was not disclosed during the divorce. Does the... View More
answered on May 12, 2020
I am assuming that the court set aside the property orders, but not the decree of dissolution of marriage. You are probably still divorced. In that case the revocation upon divorce statute may apply if the insured dies. You could ask the court to have you named you as beneficiary if appropriate You... View More
what does “Pursuant to 4000 et. seq. Of the California Probate Code mean? (She lived and died in CA. I live in CO.)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020
You will want to receive an opinion from a California attorney if the trust is in California, however a trust has a Trustee and the trustee is the person authorized to administer the trust according to the terms specified by the Grantor.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2020
It is impossible to answer that question without a detailed inventory of what your mother owned when she died and how each item was titled.
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.
