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 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

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

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

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.

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

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.

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

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

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

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

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

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.

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.... View More

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.

New Jersey. If he owned property in Colorado, you will need legal help here also.

B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.

What you have transcribed here would appear to say that, however, there are structural, grammar and 'word choice' mistakes here that make me think either you have mis-transcribed something or there is a serious defect in the document that may well cause issues. It is VERY unusual for a... View More

The mortgage more than likely has a 'due on sale' clause which means you CANNOT transfer it to a trust or any other entity without paying the outstanding balance first. You may be forced to sell the property to pay off the loan unless there are other liquid assets you can tap for a... View More

You have the right to object to appointment of a conservator. However, it is up to the court to decide if you need a conservator and who that should be. You should retain an attorney to advise you .