Two aunts ,who has done other embarressing actions, also I'm homeless
answered on Nov 16, 2023
Whoever has title to the home can sue you for possession.
deed is still in dead friends name
answered on Jul 28, 2023
The mother is probably an heir at law of the last owner. She probably has the authority.
On my parents trust case we had a temporary successor trustee for about 8 months and then she was removed after mediation between myself and my siblings. The case has been closed now past the initial statute of limitations. However, only 6 months ago new information previously not disclosed came to... View More
answered on Jul 21, 2023
This is a complex question. If there was fraud the statute of limitations may be extended.
You may need to take multiple steps including reopening the estate, filing an action against the former PR, and so on.
Rather than trying to do this yourself, you should seek legal help.... View More
The women he was living with says common law wife and wants half of the estate, can she do this?
answered on Oct 18, 2022
A Colorado attorney could advise best, but your question remains open for three weeks. Your question probably went unnoticed under this general heading. You could try reposting under the "Probate" and "Estate Planning" headings. If still no response, you could reach out to law... View More
answered on Sep 16, 2022
Afternoon,
these types of questions are often handled in probate. If your name was not on the deed as Joint Tenants, you will need something in the public record to show that you own the property. If I recall, the executor of the estate typically has some authority over the matter but this... View More
I am executor of my mom's will/trust. One of two siblings has left the state and possibly the country, and there is no communication on his part, despite our family's efforts. What must I do to satisfy Colorado's requirements to notify him and escrow inheritance? How long must I wait... View More
answered on Sep 11, 2022
As a general rule in Colorado, C.R.S. § 15-12-705 sets the expectations for notifying a beneficiary or likely heir to an estate. The code states, in part, "the information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to... View More
She has died in Oregon where that is not a sufficient will, and requires an Affidavit of Witness/Genuine Sig. Since the attorney who witnessed has died and I can't locate the notary (may also be gone, since it was 1998), is there any way to track down legal records/proof from a now-closed law... View More
answered on Aug 24, 2022
Contact a competent OR attorney and see if Probate is needed, and if so, whether the alleged Will would make a difference. If necessary, you may be able to Probate somewhere the Will is valid. But most likely she will die intestate, probate or not.
My mother passed back in February. I was her caretaker and she assumed that meant I'd be given whatever was left over in her bank. Everything happened so fast, we weren't prepared for her death at all. None of us were thinking about money once we knew she would pass. There's a little... View More
answered on Aug 10, 2022
I'm so sorry to hear that your mother passed away. But there is a fairly simple path forward for her estate and her possessions to be distributed to family and friends. People that pass away in Colorado either do or don't have a Will that controls their estate after death. If you mother... View More
answered on Jul 6, 2022
Whatever property she died owning will pass through the Intestate Succession Statutes. If substantial assets exist, hire a CO attorney to Administer her Estate.
I would appreciate it
answered on Jun 20, 2022
In Colorado, a will (or more formally, a Last Will and Testament) is a personal document that becomes effective at the moment a person dies. It is very important to have a will, but the will is not legally controlling over a person's property until the person dies and the will is accepted by... View More
We do
answered on Jun 16, 2022
The other attorneys are correct. You need to file into the probate estate. Depending on when this occurred you may need to act immediately in order to preserve the estate. In other words, you need to act quickly before your sister spends any proceeds from the sale of the house.
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... View More
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... View More
Live in Colorado. Assets worth $130,000. All jointly owned. No real property. He has 1 child from another spouse. No will or trust
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... View More
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... View More
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... View More
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.
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.
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... View More
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?
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... View More
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... View More
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... View More
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