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Colorado Probate Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Colorado on
Q: Caretaker for gmother's home while on market never paid for 6 months until interested buyer, can I b thrown out

Two aunts ,who has done other embarressing actions, also I'm homeless

Anthony M. Avery
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answered on Nov 16, 2023

Whoever has title to the home can sue you for possession.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Colorado on
Q: staying on friend's property she died her husband died his mom had my personal property removed can she legally do this

deed is still in dead friends name

Anthony M. Avery
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answered on Jul 28, 2023

The mother is probably an heir at law of the last owner. She probably has the authority.

1 Answer | Asked in Civil Litigation and Probate for Colorado on
Q: Can I file a motion into the closed case for breach of fiduciary duties or is that a separate case?

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

Michael Joseph Larranaga
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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....
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1 Answer | Asked in Bankruptcy and Probate for Colorado on
Q: Can I claim bankruptcy if I am being sued in probate court for a surcharge
Timothy Denison
Timothy Denison
answered on Nov 3, 2022

Yes. You can file bankruptcy.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Half brother and sister are fighting about the fathers estate the brother died!

The women he was living with says common law wife and wants half of the estate, can she do this?

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: My mom passed away last year i manage the property/payments. Do i have to do a transfer deed in my name or can i just h
Michael Joseph Larranaga
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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...
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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: What requirements apply in CO to notify/escrow money to a benef/sib who has left the state/country, & is out of touch?

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

Kevin Michael Strait
Kevin Michael Strait
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

2 Answers | Asked in Estate Planning and Probate for Colorado on
Q: My mom's will was made by an attorney in El Paso County who has since died. There were two witnesses and a notary.

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

Anthony M. Avery
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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.

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1 Answer | Asked in Probate for Colorado on
Q: How can I retrieve my deceased mother's bank account balance to split between my sister and I?

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

Kevin Michael Strait
Kevin Michael Strait
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

1 Answer | Asked in Probate for Colorado on
Q: my mother died without a will. now what happens? how is it decided who gets what?
Anthony M. Avery
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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.

1 Answer | Asked in Probate for Colorado on
Q: I'm trying to get a copy of my father's will my family will not return my calls. If you could help guide me

I would appreciate it

Kevin Michael Strait
Kevin Michael Strait
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

3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

Stephen Birk Baumgartner
Stephen Birk Baumgartner
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.

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1 Answer | Asked in Probate for Colorado on
Q: My boss recently died and I had been living with him for about 7 months. Do I have some sort of rights to get my stuff?

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

Kevin Michael Strait
Kevin Michael Strait
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

3 Answers | Asked in Estate Planning and Probate for Colorado on
Q: When my husband dies do our assets need to go through probate?

Live in Colorado. Assets worth $130,000. All jointly owned. No real property. He has 1 child from another spouse. No will or trust

Kristine Evers Stinson
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Kristine Evers Stinson
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

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1 Answer | Asked in Probate for Colorado on
Q: Is it ethical for an atty to represent a beneficiary in a probate case if they are related or married to the beneficiary

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

Cameron Kawato
Cameron Kawato
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...
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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: With no will , if I pay off my brothers truck loan will the truck become mine or does it have to go to his estate?

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.

Nina Whitehurst
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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.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: In Colorado, a Will can be notarized without being signed by witnesses. Is such a will considered "self-proving"?
Kevin Michael Strait
Kevin Michael Strait
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

1 Answer | Asked in Probate for Colorado on
Q: Denver probate ongoing fraud, perjury, fraud estate and trust - defendant illusory trustee, never appointed. Theft

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?

Anthony M. Avery
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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

1 Answer | Asked in Probate for Colorado on
Q: Question about selling interest in home to Co-Personal Representative

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

Nina Whitehurst
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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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