There are no specific requirements per se in a will, but pets are considered legally incompetent so a simple devise to a pet is not a possibility. Colorado does allow limited rights for pets to be beneficiaries of specific types of trusts (be clear, a pet is still not treated the same as a human... View More

With some exceptions and depending on the beneficiary rights to the account, all surviving co-owners should be the exclusive owners of the account. If your father's estate is headed for probate, it is prudent to wait to withdraw sums from the account until all parties are notified (and no... View More

There a several ways to achieve this ranging from a simple devise in a will to inter vivos transfers/gifting (with or without a life estate interest), and many more options. You can contact the CO Parks and Wildlife to see if they are interested in the land and what their requirements are for a... View More

There are a lot of unknowns here. Specifically, was the estate probated and was there a will? If the answer is no to both of these questions, your mother may have a claim (but the scope is uncertain). If the estate was probated (i.e. closed) and your mother was given notice she likely cannot... View More

If the will does not list an intended beneficiary as either a named individual or as a member of a class it must be modified or created anew to include the unlisted beneficiary.

First, review the title. If there are joint owners, the death of one owner automatically terminates their interest, so the other owner(s) get the deceased's interest in the car without having to enter probate (Colorado presumes joint tenancy as default for joint ownership, but it is possible... View More

Yes you can with a will. Contact a lawyer for details.

There is no requirement that a will be viewed by all beneficiaries at the same time, but the personal representative (executor) must provide all interested parties with a copy of the will on request. If there is a probate case, you can make the request in probate. If not there are other legal means... View More

There are advantages and disadvantages. This is ONE way to insure that if something happens to you there is someone else who has authority to handle affairs with the trust assets, it also CAN avoid probate (but if you do things wrong it can also DOUBLE the cost of probating an estate) and it CAN be... View More

This is a far more complicated question than it might appear at first. Please appreciate the government can't just come and take someone's home. Unless of course you EXPECT the government to give you money. If you can pay for your own care, this never becomes an issue. That said, a... View More

A person can draft a will (i.e. create a will), but a person cannot sign of you (unless you are legally found to be mentally incompetent or physically unable to sign--even then witnesses will need to be present). In other words, baring unusual circumstances a person cannot create a legally binding... View More

It depends on the nature of the estate. A PR only has to appear in a courtroom (in front of a judge) if there is a legal challenge or a legal claim arising from the estate. A PR will likely need to go to the courthouse to file various paperwork (i.e. go to the clerk's office). If there is... View More

At this point the best approach is to contact a probate attorney to discuss your case and potential claims against the trustee. As an aside, it is beyond strange that the estate has not been probated for such a long time (unless complex litigation with appeal occurred with the estate). Make sure to... View More

Repeat question. See prior answer.

All of the documents that you mentioned are available from multiple sources, the issue is what you get.

(1) Free on the internet-various sites have free forms. They can be ok, but are non-specific and can omit/limit issues you care about.

(2) Pay sites (not law firms). Various sites... View More

A PR is responsible for the proper management of an estate. This means, notifying beneficiaries/creditors, paying some bills (e.g. mortgage payments, home insurance, and last credit card statements), filing papers with the courts, paying taxes, and generally making sure that an estate is... View More

This is a link to the Denver Bar Association's explanation of probate requirements (these rules are the same in all Colorado counties). Link: http://www.denbar.org/index.cfm/ID/20881 .

Here is a link to the CO Courts webpage (look under "estate cases" and then "open an estate"): http://www.intotolegal.com/upcoming%20Events/Forms.html . This has all the forms and an explanation of how property is divided.

There are some exceptions (like everything in law), but if you and your sister only have power of attorney or conservatorship (formally or informally in both situations) creditors cannot attach to your parent's assets. Creditors can attach if you (or your sister) have a partial or total... View More

I highly recommend that you contact a probate attorney. Without getting into all the possible permutations, these are the general rules. The living will/trust should control UNLESS it was validly repudiated prior to death (it sounds like this is in dispute). If no will exists (aka intestate), the... View More