Get free answers to your Estate Planning legal questions from lawyers in your area.
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... View 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... View 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.
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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... View 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... View 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... View 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... View 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
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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
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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... View More
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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.
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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
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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
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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
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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
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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
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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
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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
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