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 
Lawyers, want to be a Justia Connect Pro too? Learn 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
I would like a lawyer to explain to me in layman's terms what's really going on with my grandfather's estate and my inheritance
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2021
Hire a competent CO attorney to look at the documents and give his assessment. You may need to examine the Probate Case File at Court, or at least call the Clerk.
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.... View More
answered on Jun 15, 2021
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... View More
answered on Apr 15, 2021
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2021
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... View More
answered on Jan 24, 2021
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.
Mother may have left money to me but stepfather is keeping it or stole or the same with my little brother
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2021
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.
My wife is the PR for an estate and health issues have prevented her from meeting requirements.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2021
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2020
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,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2020
It is impossible to answer that question without a detailed inventory of what your mother owned when she died and how each item was titled.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2020
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)... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2020
He didn’t live in Arizona long enough to become a resident. So his probate must be in Colorado.
But the good news is, if all he owned was a vehicle worth less than $66,000 you can do a Small Estate Affidavit and avoid court.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2020
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2020
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.
answered on Feb 21, 2020
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2020
That delta is referred to as a “deficiency” and it is an unsecured debt with the same priority as other unsecured debts such as credit cards.
Do I have to pay taxes on the money I got from my farm inheritance?
answered on Jan 24, 2020
You don't pay tax on inherited property. But it sounds as if you inherited the property then sold it which is different.
You would need to determine the basis in the shares when you received them and compare that to the sales price to determine if any gain exists.
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.
He has a will and it is not contested.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2020
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.
1984 awarded $18,883. He didn't have money back then but has a couple of stores, businesses and properties now.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2019
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2019
Please repost your question in the criminal law category. "Probate" refers to the administration of decedents' estates. Probate attorneys usually know little to nothing about probation matters.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
