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answered on Sep 6, 2019
Two witnesses, a notary, and a self-proving affidavit.
He talked about wanting specific items to go to other people after having a falling out with the original recipient. He verbally told people and wrote it down but never got it back to the lawyer to rewrite the will
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answered on Aug 1, 2019
Have a probate attorney review those writings. If they were entirely or mostly in his handwriting they might qualify and halographic wills and would be enforceable.
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.
answered on Jun 17, 2019
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... View More 
until each beneficiary receives their yearly distribution until the money runs out? Is there something official that can help back me up on that?
answered on Apr 22, 2019
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.
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... View More
answered on Feb 28, 2019
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.
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... View More
answered on Jan 14, 2019
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.
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?
answered on Jan 3, 2019
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... View More
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... View More
answered on Dec 20, 2018
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... View More
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... View More
answered on Dec 16, 2018
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.
The child that died had 1 child, does the deceased share go to his son or to the other siblings?
answered on Dec 4, 2018
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... View More
answered on Nov 9, 2018
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... View More
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!
answered on Oct 25, 2018
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... View More
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... View More
answered on Oct 16, 2018
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.
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?
answered on Oct 4, 2018
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... View More
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... View More
answered on Sep 20, 2018
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.
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... View More
answered on Sep 13, 2018
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... View More
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?
answered on Sep 8, 2018
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)... View More
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... View More
answered on Sep 8, 2018
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... View More
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... View More
answered on Sep 8, 2018
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... View More
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... View More
answered on Sep 8, 2018
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... View More
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