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Colorado Probate Questions & Answers
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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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: A check for unclaimed funds made payable to me on behalf of heirs of my dad. Am I able to deposit this in my own acct?

Hi, my father passed away about 16 years ago. I visited https://colorado.findyourunclaimedproperty.com/ to search for unclaimed assets, and I found some in his name. He did not leave a will, and there wasn't an obituary. I was executor and sole heir of his estate because I am his only child. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 22, 2020

Yes, the state made the check payable that way to impress upon you the obligation to share the funds with your dad's other theoretical heirs, but as there are none, you can safely deposit the funds in your bank account and you need not worry about having to share it with other heirs.

1 Answer | Asked in Criminal Law and Probate for Colorado on
Q: I have been on probation for 3 months can i ask to do jail time and be done with probation
Courtney Edwards
Courtney Edwards answered on Feb 21, 2020

It depends. In some circumstances probation is mandatory to ensure you comply with a treatment program, for example in domestic violence and DUI/DWAI cases. Be careful what you wish for though- I've seen this request made before and the judge put the person in jail for the maximum sentence... Read more »

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Post death, if secured asset is returned but FMV is below debt, does it get paid off before unsecured credit card debt?

In estate after a death, do secured assets that go to auction but fail to raise funds to pay off balance get paid off before unsecured debt or should they be treated equally? Credit cards are clamoring for money, but so is company that financed deceased loved ones camp trailer for delta between... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 21, 2020

That delta is referred to as a “deficiency” and it is an unsecured debt with the same priority as other unsecured debts such as credit cards.

1 Answer | Asked in Estate Planning, Probate and Tax Law for Colorado on
Q: I had shares in my family farm that has been handed down for 4 generations. My brother bought my shares of the farm.

Do I have to pay taxes on the money I got from my farm inheritance?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 24, 2020

You don't pay tax on inherited property. But it sounds as if you inherited the property then sold it which is different.

You would need to determine the basis in the shares when you received them and compare that to the sales price to determine if any gain exists.

1 Answer | Asked in Probate for Colorado on
Q: My father had a living trust for the property. During the process of getting him Medicaid the consultant we hired had me

Do a quit claim on the property and file it with the county. The mortgage , insurance and utilities are in his name. He had some debt as well medical mostly. Do we have to go thru probate and do we have to pay his debt off.

He has a will and it is not contested.

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

It is not possible to answer your question without reviewing the trust, the deed, and other things. You should contact a trust administration attorney. Most likely a probate will not be required but some kind of trust administration will be required.

1 Answer | Asked in Probate for Colorado on
Q: Can I collect an old judgment in Probate when the defendant dies? He is in Aspen, Colorado, with a district court case.

1984 awarded $18,883. He didn't have money back then but has a couple of stores, businesses and properties now.

Nina Whitehurst
Nina Whitehurst answered on Dec 21, 2019

You can if the judgement has not expired. District court judgments are valid for 20 years, so unless you renewed it for another 20 years before it expired in 2004, you can no longer collect on it. If the judgement was issued by a county court, it was only valid for six years, so you would have... Read more »

1 Answer | Asked in Probate for Colorado on
Q: Can a probation officer make threats against a mentally disabled person
Nina Whitehurst
Nina Whitehurst answered on Dec 18, 2019

Please repost your question in the criminal law category. "Probate" refers to the administration of decedents' estates. Probate attorneys usually know little to nothing about probation matters.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: I'm divorced. Does my ex still get everything in my will and make medical decisions for me? Who is my next of kin now?

Will Colorado still consider my ex my next of kin even though we're divorced? Would it go to my teenage daughter? She's not old enough to make medical decisions for me if I'm incapacitated.

Nina Whitehurst
Nina Whitehurst answered on Oct 29, 2019

You are asking really good questions. The bottom line is that divorce is one of those events that should trigger an update of your existing estate plan. Schedule an appointment with an estate planning attorney and, in the meantime, be thinking about who you will want to nominate as the guardian... Read more »

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