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Colorado Probate Questions & Answers

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Colorado on

Q: How does the Seller clear title so they can sell me their vacant land in Colorado?

The situation is as follows:

1) Husband and Wife (A & B) are owners on a Colorado vacant land property (joint tenants)

2) A dies

3) B dies 6 months later

4) B's estate is currently going through probate in Wyoming. B did not remove A's name from the property while... Read more »

Timothy Canty answered on Apr 16, 2018

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.

1 Answer | Asked in Family Law and Probate for Colorado on

Q: My son's father passed away unexpectedly and didn't have a will. What is he entitled to? He's still a minor.

We were married for ten years but divorced. He was remarried for less than one year. She's refusing to give my son anything of his Father's.

John Hyland Barrett III answered on Mar 20, 2018

Your son probably is not entitled to anything, unless the estate is very large. In that case, he may be entitled to a percentage. Also, the estate may be charged with lump sum child support obligation if appropriate. You should retain an attorney for these matters.

1 Answer | Asked in Probate for Colorado on

Q: My mother just died on the 15th the mortuary guy said I only have 10 days to file for probate.Is this true?

she changed the will with a codicil in July of 2013 in my favor of getting the whole house. Do I have to do anything like file for probate. The elder law attorney had me sign the house over to me with my POW which she changed me to POW in july of 2013. What do I need to do now that she is passed... Read more »

Tristan Kenyon Schultz answered on Feb 19, 2018

Since there is a lot here, you are advised to schedule an appointment with the attorney you mentioned. The attorney should be familiar with your mother's estate and can advise you.

As far probate, it is possible based on the size (or lack of size) of the estate that probate is not...
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1 Answer | Asked in Probate for Colorado on

Q: If my father creates a life estate deed, would that allow his heirs to avoid probate when he passes away?

Kenneth V Zichi answered on Feb 7, 2018

Possibly. But if there are other assets that would require probate, it may still be necessary.

Trying to do any of this on a 'piece by piece' basis is a dangerous game and usually ends badly. I would strongly urge you to consult with a local estate planning attorney to review the WHOLE...
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1 Answer | Asked in Probate for Colorado on

Q: Is there any property that doesn't have to go through probate when a person dies?

Kenneth V Zichi answered on Jan 23, 2018

Yes, anything that has a designated 'beneficiary' or 'payable on death' designation, anything that is listed a 'joint with full rights of survivorship', anything titled in the name of a trust rather than the individual who has died, etc. There are MANY things that don't go through probate.... Read more »

1 Answer | Asked in Probate for Colorado on

Q: No will, thousands owed in back taxes, do I have to go to probate if I don't want anything/there is nothing

Only asset is a house but debt exceeds assets and I don't want to be responsible. She was never married, no kids, parents dead and I'm one of 5 siblings

Kenneth V Zichi answered on Dec 14, 2017

I assume this is your sister who has passed? You are under NO obligation to begin probate, particularly if you don't want the house which is the 'only' asset.

If you are comfortable 'walking away' you can certainly do that. If someone suggests you have some 'obligation' I'd wonder under...
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1 Answer | Asked in Probate for Colorado on

Q: Declaration of trust for dead relative. Just found out the house was sold as a probate sale.

3 years ago a declaration of trust was sent out to the people listed in the trust by the lawyer from Palm Springs handling it. Received the amount listed, as did my brother and mother. The house was given to her best friend. I just googled the house and was shocked to see it was listed as a probate... Read more »

Kenneth V Zichi answered on Dec 12, 2017

This depends on how the property was titled, whether or not there was a 'pourover will' if the house was not already in the trust, and how a will (if the house was a probate asset), intestacy laws (if there was no will and the house was a probate asset) and/or the trust was worded.

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1 Answer | Asked in Estate Planning and Probate for Colorado on

Q: What steps do I need to take to transfer mortgaged real-estate property into trust? please see details

My friend passed away. He appointed me as an executor of his estate. In his will he requested to set up the trust(It hasn’t been set up before he passed), which will include money and real estate property(50% currently)mortgaged , when his 14 years old son turn 21 the trust must go to him.... Read more »

Kenneth V Zichi answered on Dec 5, 2017

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 payoff.... Read more »

1 Answer | Asked in Probate for Colorado on

Q: How can next of kin claim ashes of deceased child when primary parent is serving life?

My new sister in law's daughter was murdered by her father who at the time had custody and is now serving a life sentence. She is trying to claim her daughter's ashes in the state of Colorado but isn't sure which type of probate it would be under or what paperwork she would need to complete to do... Read more »

Timothy Canty answered on Nov 27, 2017

Colorado Revised Statute 15-19-106 lists and prioritizes the persons who have the right to a decendent's remains. If there was no designation in a will and no surviving spouse, the mother would have a statutory right to the remains. If the matter can't be resolved otherwise, a probate estate would... Read more »

2 Answers | Asked in Probate for Colorado on

Q: My ex's father passed away and his estate is in probate. My ex husband owes me over $11k. Can I file a claim against?

Ex husband is beneficiary along with his sister. There is a contempt order against the ex husband for over $11k he owes me.

Can I file any sort of claim against the inheritance?

Kenneth V Zichi answered on Nov 15, 2017

You may need to 'convert' that contempt order to a money judgment, but the process may NOT need that. Without seeing the paperwork specifically, it is hard to say, and the best advise I can offer is that you need to hire a local lawyer to review everything and advise you on how best to enforce the... Read more »

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1 Answer | Asked in Probate for Colorado on

Q: Does a jointly owned home have to enter into probate after a spouse dies?

My mother passed away on the halloween. My half siblings are pushing to sell the house within 30 days. I can't help but think there is something strange about the rush and the fact that they would prefer it to go into forclosure. Then to allow me to make the mortgage payment till it sells. There is... Read more »

Tristan Kenyon Schultz answered on Nov 12, 2017

If there is a living joint owner, the real estate very likely will never enter probate (or be subject to specific devises in a will--unless the joint ownership is a tendency in common).

Under normal circumstances, the joint owner(s) (joint tenant with right of survivorship--default in...
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1 Answer | Asked in Probate for Colorado on

Q: If my father didn't have a will, do I still have to go through the probate process to gain access to his assets?

Timothy Canty answered on Nov 10, 2017

It depends on the type and amount of the estate assets. If he owned real estate which was not held in joint tenancy with someone else or if he had personal property valued at more than $66,000.00, then a probate estate must be opened. If not, you may collect assets and distribute them by using the... Read more »

1 Answer | Asked in Probate for Colorado on

Q: how do I answer question 10 On form JDF 910 in probate if I was nominated by my stepsister and it was my fathers will

And she renounced her appointment as executor

Timothy Canty answered on Oct 10, 2017

You have a statutory priority as a child of the decedent and should check that box. Your step sister has a prior right because she was nominated in the will, but she has renounced it. It's a good idea have her complete Form JDF 912 (renunciation) and file it with your application.

1 Answer | Asked in Estate Planning and Probate for Colorado on

Q: I have a copy of my grandmothers Will, have been unable to locate the original. Is the copy valid?

Timothy Canty answered on Sep 23, 2017

Maybe. You will have to file a formal probate and request a hearing. It will be up to the judge to determine if the will is valid based on certain statutory requirements. If all interested persons agree to stipulate that the will is valid, the court will likely accept it.

1 Answer | Asked in Probate for Colorado on

Q: My mother recently passed without I was adopted by her uncle at age 15. Am I entitled to an equal estate share?

My mother passed away without a will. I was adopted by her uncle at age 15. I do have one sister and two brothers who were not adopted out. We are all over 21. Under revised House Bill 09-1287, subpart 3 Parent Child relationship, because I was adopted by a family member am I entitled to inherit... Read more »

Tristan Kenyon Schultz answered on Aug 29, 2017

Unless your mother's parental rights were terminated, you should still be a descendent of the deceased. Depending on the nature of will's devises (if a will exists exists), you likely have an interest. You will need to contact an attorney directly to receive a full analysis of your potential... Read more »

2 Answers | Asked in Family Law and Probate for Colorado on

Q: I live with my mother and take care of her, the deed is in both our names, do siblings have any rights when she passe?

I live in Colorado,, should I put house in my name only??

Tristan Kenyon Schultz answered on Aug 14, 2017

As a general rule, joint tendency (assuming the deed is not "tenants in common") should transfer the deceased person's interest to the surviving individual(s) listed on the deed. This occurs outside of probate. In other words, the deed controls who owns the property.

There can be problems...
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1 Answer | Asked in Real Estate Law and Probate for Colorado on

Q: Father died/2007. No will. Owns vacant land in TX. Does it pass to his wife who died in 2012 who Left land to daughter?

My Father passed away in 2007 in the state of CO with no will. He and my mom own vacant land worth around $60K in Texas. There are 4 lots all together. One deed for two lots is only in my dad's name. The second deed for the other two lots is in both of their names. Did the land pass on to my... Read more »

Tristan Kenyon Schultz answered on Aug 12, 2017

Title (deed) can only be transferred to parties not currently on the deed (assuming a joint tendency was selected) via probate. Due to the significant gaps of time from death, special rules will need to apply to open a probate case. You will need to hire a probate attorney for assistance because... Read more »

1 Answer | Asked in Probate for Colorado on

Q: My dad had no assets when he died, do we need to probate the will?

Kenneth V Zichi answered on Aug 11, 2017

Most likely not, but there may be other steps you can take under the law of the jurisdiction where he lived to protect yourself more completely. Please consider consulting with a local probate attorney to insure you've done everything you can to insure no problems into the future.

Read more »

1 Answer | Asked in Estate Planning and Probate for Colorado on

Q: Does a letters testamentary expire?

I have been PR for 4 months and need to know how much time I Have to liquidate assets and pay all creditors. I am also the only devisee after estate is settled

Kenneth V Zichi answered on Aug 11, 2017

They do, and the expiration date is usually on the document. If you don't understand what is there, you should consult with your attorney (you DO have an attorney helping you right?) ....

-- This answer is offered for informational purposes only and does not constitute legal advice or...
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1 Answer | Asked in Family Law, Child Support, Patents (Intellectual Property) and Probate for Colorado on

Q: If the house deed is on my name can my father's girlfriend be entitled to anything?

My father put my name on the house deed like 2-3 years ago it's still processing, but a few weeks ago he brought his girlfriend to live with us. She hates me and tries to make everything hers, if after a couple years or if my father pass will she be entitled to anything here? Or can I put her out?... Read more »

Tristan Kenyon Schultz answered on Aug 10, 2017

Only people listed on the deed have a legal interest to the property.

Your father can gift his interest in the property to the GF. Similarly, your father can devise his portion of the home to the GF in a will.

If there are no wills intestate rules apply. For instate purposes, the...
Read more »

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