My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could stay... Read more »
The short answer: you probably have an uphill battle.
One very fundamental value of estate planning is the opportunity to express your wishes in writing (through a will or trust instrument, for example) so that there will not be disputes after your death (or, at least, there may be less...Read more »
Probate will need to be open for a couple of years. I would like to get a written agreement in place with my sister to ensure we have a clean division of assets. Is there a particular legal form we should use in Colorado for that purpose? For various reasons, it is important to have a clear... Read more »
There is not a particular form that I am aware of to outline an agreement of a division of assets. What you need is a brief agreement with your sister about the property division. It would say how it was distributed, that you are both OK with that, and a release of claims against both of you.
WELL THE SITUATION IS THAT MY SIGNIFICANT OTHERS FATHER IS IN THE HOSPITAL. HE IS NOT EXPECTED TO MAKE IT MUCH LONGER. NOW THE PROBLEM IS THAT THERE ARE CAREGIVERS TRYING TO TAKE EVERYTHING HE HAS AND NOT LEAVE HER WITH ANYTHING. I HAVE A WILL BUT IT WAS NOT SIGNED BEFORE HE WENT INTO THE HOSPITAL.... Read more »
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.
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.
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 »
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...Read more »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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.
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 »
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 »
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