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Colorado Probate Questions & Answers
1 Answer | Asked in Probate for Colorado on
Q: My boss recently died and I had been living with him for about 7 months. Do I have some sort of rights to get my stuff?

One of my bosses friends girlfriend has somehow been put in control of his estate and won't allow anyone to even go on the property. She let me go there once to get his poor dog that was locked in the house but told me I couldn't take anything. I have quite a bit of stuff there and am... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Mar 22, 2022

You deserve access to your personal property. You do not automatically lose rights to your property when the owner of the property passes away. Look at Colorado Revised Statute § 30-40-101(1)(II)(C) which essentially states that a person "previously given permission to enter and remain on the... Read more »

3 Answers | Asked in Estate Planning and Probate for Colorado on
Q: When my husband dies do our assets need to go through probate?

Live in Colorado. Assets worth $130,000. All jointly owned. No real property. He has 1 child from another spouse. No will or trust

Kristine Evers Stinson
Kristine Evers Stinson 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... Read more »

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1 Answer | Asked in Probate for Colorado on
Q: Is it ethical for an atty to represent a beneficiary in a probate case if they are related or married to the beneficiary

Would an attorney be reluctant to represent, say, a close friend or spouse, as an interested party in a probate proceeding, given the attorney might be considered to also benefit if the interested party receives some interest in the estate? This is a fictional hypothetical, so I really only need a... Read more »

Cameron Kawato
Cameron Kawato answered on Feb 8, 2022

Hello,

All Colorado attorneys are under strict rules of professional conduct. One very important area of these rules is the conflict of interest, which your question refers to. The rule that will help guide you is Rule 1.7 of the Colorado Rules of Professional Conduct. This rule states that...
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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: With no will , if I pay off my brothers truck loan will the truck become mine or does it have to go to his estate?

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.

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: In Colorado, a Will can be notarized without being signed by witnesses. Is such a will considered "self-proving"?
Kevin Michael Strait
Kevin Michael Strait 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... Read more »

1 Answer | Asked in Probate for Colorado on
Q: Denver probate ongoing fraud, perjury, fraud estate and trust - defendant illusory trustee, never appointed. Theft

Theft of inheritance concealed trust, concealed assets, trustee another beneficiary - will probate provide enforceable restitution? Or would it be better to take to a prosecutor for restitution?

Anthony M. Avery
Anthony M. Avery answered on Dec 22, 2021

You have not asked a coherent legal question based on any facts. You should hire a competent CO attorney to tell your situation to, who after examining whatever records and/or court files are available, give you his considered opinion on what to do. I cannot even tell if a Probate Administration... Read more »

1 Answer | Asked in Probate for Colorado on
Q: Question about selling interest in home to Co-Personal Representative

My Mother died and my sister and myself were listed in the will and trust as Co-Personal Representatives and we are the only Beneficiary in an informal probate in Denver. My question is that my sister resides in our Mothers house and I granted her a year of living rent free which at the end of a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 17, 2021

What you want to do is possible, yes. The correct steps are first complete the informal probate process to get the house titled to your two names. Then hire a real estate attorney to help you deed your share of the house to your sister after she has paid you the agreed purchase price. A realtor... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate for Colorado on
Q: I am a heir and a beneficiary on my grandfather's will I was sent info on estate and have no clue on what any of it mea

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

Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Mom & Dad passed away. 2 homes 4 siblings. 1 brother is living in 1 homew/other peole, need 2 sell how do you get him o

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.... Read more »

John Hyland Barrett III
John Hyland Barrett III 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... Read more »

1 Answer | Asked in Civil Litigation, Elder Law, Estate Planning and Probate for Colorado on
Q: My sister is trying to remove my name from a death certificate so she can deal with finances without permission?
John Hyland Barrett III
John Hyland Barrett III 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... Read more »

1 Answer | Asked in Child Support, Family Law, Estate Planning and Probate for Colorado on
Q: Ex went missing in Gulf in 2019. No death certificate issued but my child support/alimony was closed by Montrose. Legal?

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... Read more »

Sabra M. Janko
Sabra M. Janko 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.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: In CO, 2x ERISA plans worth $200k w/ beneficiary as 15 yrs removed ex-wife (no children of marriage) but 93 yo mom alive

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... Read more »

Steven J. Fromm
Steven J. Fromm 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.

1 Answer | Asked in Real Estate Law, Criminal Law, Estate Planning and Probate for Colorado on
Q: Hello, is there anything I can do for an estate that was stolen by false signatures.

Mother may have left money to me but stepfather is keeping it or stole or the same with my little brother

Sabra M. Janko
Sabra M. Janko 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.

1 Answer | Asked in Probate for Colorado on
Q: CRCP Rule 12. Petitions Must Indicate Persons Under Legal Disability Can this be used by a person with health issues?

My wife is the PR for an estate and health issues have prevented her from meeting requirements.

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

It sounds like your wife has a physical disability, not a legal disability. An example of a person under a legal disability would be a minor because minors cannot LEGALLY enter into contracts or receive inheritances in their own individual names.

1 Answer | Asked in Probate for Colorado on
Q: In the event a business owner suddenly dies, how do you close the business down with no will?

My cousin died recently and owned a failing business that the next of kin do not want to continue. The next of kin all live in korea (Mom, Dad, Sister). The accountant of the business is saying our family (his aunt, uncle) has to pay for the businesses taxes. What do we do? He left no will and his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 24, 2020

Talk to an attorney about obtaining disclaimers from the nearest next of kin. That would then leave the estate to the next nearest next of kin, according to the laws of intestate succession. If the next nearest next of kin are in country and are interested in continuing or selling the business,... Read more »

2 Answers | Asked in Estate Planning and Probate for Colorado on
Q: Is it mandatory to go to probate after the death of my mother? I am located in Colorado.
Nina Whitehurst
Nina Whitehurst 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.

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2 Answers | Asked in Probate for Colorado on
Q: My boyfriend, who is the oldest child, mother passed away. Her home is not in her name his half sister wants house.

He was close with his mother, lived with her, his mother had no communication for least 4 years with his sister. There is a note from his mothers friend telling him she is sorry about mothers death his mom told her she would leave everything to him when she dies. His half sister took jet ski now... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 9, 2020

You need a probate attorney. This will require two probate procedures. One for the boyfriend’s estate and the other for her estate. Because your boyfriend’s mother had no will there is a high probability that your boyfriend will end up owning the house with his half sister.

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1 Answer | Asked in Probate for Colorado on
Q: (If we need to do probate at all), would that be CO or AZ probate, since he only stayed at a residence for 2 days in AZ?

We moved my dad from his long term house in Colorado to a place in Arizona. He was in that apartment for 2 days, then to the hospital from injury, then to rehab, where he sadly died a few weeks later. If we need to do probate at all (whole different question, only asset now is a vehicle worth 10K)... Read more »

Diedre Wachbrit Braverman
Diedre Wachbrit Braverman answered on Mar 31, 2020

He didn’t live in Arizona long enough to become a resident. So his probate must be in Colorado.

But the good news is, if all he owned was a vehicle worth less than $66,000 you can do a Small Estate Affidavit and avoid court.

2 Answers | Asked in Estate Planning and Probate for Colorado on
Q: Is my wife automatically the beneficiary of my 401k and IRAs, regardless of my beneficiary designations?

I am married and live in Colorado. Is my wife automatically the beneficiary of 100% of my 401k, my multiple IRA's, and regular savings accounts, regardless of who I have specifically designated as the beneficiaries on those accounts? I've read conflicting information online regarding... Read more »

Diedre Wachbrit Braverman
Diedre Wachbrit Braverman answered on Mar 31, 2020

In Colorado, a spouse in entitled to up to 50% of your estate depending on how long you’ve been married. They reach 50% at 10 years. If you designate someone else it can cause expensive court proceedings as your spouse seeks the share to which they are entitled. You could designate your spouse as... Read more »

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