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 »
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 »
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 »
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 »
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.
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 »
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.
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.
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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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.
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.
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 »
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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