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Colorado Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Colorado on
Q: In Colorado,along with a notary does a doctor have to sign your DNR within your living will advanced directives ?

I'm doing research for my end of life planning and ran across this item I never heard of before.... doctors signature on DNR's as well as notaries to make the DNR within the Advance Directive/Living will legally binding ref given me : Colorado Revised Statute 15-18.6. etal

Nina Whitehurst
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answered on Nov 18, 2024

Under Colorado Law there is a mechanism for a doctor to appoint a healthcare decisionmaker for you if you have not already done so and are unable to do so now. This can easily be avoided by appointing a healthcare decisionmaker yourself while you are capable. Your healthcare decisionmaker... View More

2 Answers | Asked in Estate Planning and Social Security for Colorado on
Q: If I am the next of Kin and there is not a Will in place, what are the next steps?
Marianne Blackwell
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answered on Nov 13, 2024

Hello ~ if a person dies in Colorado and there is no will found, that decedent will have died 'intestate'. An heir or interested person can still file for probate, but it will be with the distinction that there is no will under which to follow the distribution of estate assets. Instead,... View More

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1 Answer | Asked in Estate Planning for Colorado on
Q: Can a provision be made in a Revocable Trust for alternate beneficiaries after the sole original beneficiary dies?

Can named alternate beneficiaries receive any residual real estate from Trust after lifetime of original beneficiary. (This would be the only thing in Trust & would necessitate Trust being left open) If so, must the alternate beneficiaries be told/informed when the Trustor first dies? That... View More

Joel Hassell
Joel Hassell
answered on Sep 16, 2024

Yes, in Colorado, provisions can be made in a revocable trust for alternate beneficiaries to inherit after the sole original beneficiary dies. This is standard practice, where alternate (or contingent) beneficiaries are named to receive trust assets, such as real estate, upon the death of the... View More

1 Answer | Asked in Estate Planning for Colorado on
Q: I’m single w/my mortgaged condo w/ $150,000 equity. How to avoid Medicaid Estate Recovery so my heirs can have it?
Joel Hassell
Joel Hassell
answered on Sep 6, 2024

If you are concerned about preserving your condo with $150,000 in equity for your heirs and avoiding Medicaid Estate Recovery, there are some strategies you might consider. However, each has important implications and requirements under Colorado law.

Key Strategies to Consider:

1)...
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2 Answers | Asked in Estate Planning for Colorado on
Q: What form is needed to fund a living trust with real estate
Nina Whitehurst
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answered on Aug 29, 2024

A deed is used to transfer real property to a living trust. The deed must be recorded in the land records of the county in which the real property is located. There are several types of deeds. An attorney can help you prepare and record the right kind with the right claims for exemptions from... View More

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2 Answers | Asked in Estate Planning for Colorado on
Q: What form is needed to fund a living trust with real estate
Joel Hassell
Joel Hassell
answered on Sep 6, 2024

In Colorado, to fund a living trust with real estate, you typically need to transfer the title of the property into the name of the trust. The primary form required for this process is a deed, specifically a quitclaim deed or a warranty deed.

Here are the basic steps:

1. Prepare a...
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2 Answers | Asked in Consumer Law, Estate Planning and Tax Law for Colorado on
Q: Hello I am trying to turn my LLC into my holding company which means I need to file Articles of Cooperation and a 2553?

Just formed my LLC and want it to be the holding company and an S corp what do I need to file and in what order?

Joel Hassell
Joel Hassell
answered on Sep 6, 2024

I mostly concur with the earlier answer provided to your question above. Here is my response with a few more notes

1) Use Your LLC as a Holding Company: Structuring your LLC to act as a holding company simply involves using it to own other businesses or assets. You don’t need to file...
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1 Answer | Asked in Contracts, Business Law and Estate Planning for Colorado on
Q: I inherited McDonald's I know for a fact I'm on the last owners will that I get all the money and company. Can you help

I'm the owner of McDonald's and the will was never brought to any ones attention that I Mitchell Jensen or Mitchell Rio own and did inherit all of McDonald's. I picked up the bank account as soon as I started owning McDonald's

James L. Arrasmith
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answered on Mar 18, 2024

If you believe you have inherited ownership of McDonald's through a will, it is essential to first verify the authenticity and legal standing of the document. You should consult with an attorney experienced in estate law and corporate ownership structures to assess the will's validity and... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In this scenario, the house sold by the executor, on behalf of the estate, is still considered inherited property. Since the woman passed away without a will, the estate is handled according to Colorado's intestate succession laws. The property, even though not formally transferred to the... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

Nina Whitehurst
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answered on Mar 15, 2024

Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More

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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: What rights do I have if my dad left no will, had no bills and my sister the oldest took charge of his estates ?

My sister the oldest who has handled all his estates has lied to me about him having life insurance, which I found out he did have one. She also won’t give me any of my dad’s belongings or part of the estate. So my question if there is no will left meaning no named benificiary then was was my... View More

Michael Joseph Larranaga
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answered on Mar 8, 2024

This is a complicated one.

If your father died with no will then everything subject to probate passes intestate. Life insurance is often not subject to probate but it can be. If it passes intestate, if you and your sister are your father’s only living relatives then you may be entitled...
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1 Answer | Asked in Family Law, Immigration Law, Estate Planning and Probate for Colorado on
Q: I would like to know if I have the right of anything in my father's belongings

I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have... View More

James L. Arrasmith
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answered on Feb 26, 2024

In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state... View More

3 Answers | Asked in Bankruptcy, Estate Planning, Family Law and Medical Malpractice for Colorado on
Q: If an ailing parent becomes my dependent what is my legal obligation to their financial debts? Medical, credit and other
Timothy Denison
Timothy Denison
answered on Oct 1, 2024

None. You are not obligated to pay any of their bills or expenses with your own money.

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1 Answer | Asked in Estate Planning for Colorado on
Q: My brother states he is the Successor Personal Rep- because his name is first.

the will states -if the primary "Personal Representative" (the person responsible for managing an estate after someone's death) is unable to serve, the successor or Substitute Personal Rep who shall serve without bond shall be the next person willing to serve from the list below in... View More

Nina Whitehurst
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answered on Sep 23, 2024

“In order named” means one at a time in the order of priority listed. So if Joe Smith is alive and well and capable and does not decline to serve then Joe Smith serves as sole personal representative.

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Probate for Colorado on
Q: Are beneficiaries of a trust entitled to a copy of the trust in Colorado

My father passed away in 2023. He told my sister and I we were beneficiaries to the trust prior to his passing. My step mother, the trustee, refuses to provide us with a copy or show us the trust or any of its contents.

I am not able to find a copy of his will, trust or probate in public records.

James L. Arrasmith
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answered on Aug 5, 2024

In Colorado, beneficiaries of a trust are generally entitled to information about the trust. This includes a copy of the trust document. Your stepmother, as the trustee, has a duty to provide beneficiaries with enough information to protect their interests.

You should request a copy of the...
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1 Answer | Asked in Estate Planning for Colorado on
Q: can someone please give me a link and a few steps of instruction for getting a Denver County (colorado) deed.

I have not been able to navigate the colorado clerk website to find deeds thank you.

Anthony M. Avery
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answered on Jul 24, 2024

Hire a CO attorney to draft and record that Deed. Do not use a form. Your mistakes could be catastrophic, and possibly uncorrectable.

2 Answers | Asked in Estate Planning for Colorado on
Q: In the statement below would the descendants of John (deceased) be entitled to receive half of the tangible property?

If no memorandum is in existence at my death, or to the extent such memorandum fails to dispose of all of such property effectively, I give my tangible personal property, or the portion of it not effectively disposed of, to Bill (deceased). If Bill does not survive me, I give my tangible property... View More

Anthony M. Avery
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answered on May 23, 2024

It is very possible. It is ambiguous whether all three legattees or their next of kin take though.

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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: The executor of an estate is attempting to add people and change who receives what. How to remove the executor?

The grandfather passed. His son (The Executor) is attempting to give his own stepchildren part of the inheritance. This means the beneficiary will have to split the inheritance, even though there is no mention of the executor's stepchildren in the will. Are there certain forms to fill out? How... View More

Anthony M. Avery
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answered on Nov 27, 2023

Hire a CO attorney now. You will have to file a Motion To Remove Executor For Breach Of Fiduciary Duty. Otherwise the Will might not be enforced.

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 Estate Planning and Tax Law for Colorado on
Q: Can I take funds from a trust I am trustee of and re-establish a new trust with me as grantor for better tax treatment?

There are two trusts in question. One for each of my children who are minors. They are living trusts set up by their deceased grandmother’s will and funded by her estate. Her intention is for the funds to benefit her grandchildren and if I can remove the trust funds and re-establish them with me... View More

Nina Whitehurst
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answered on Nov 14, 2023

No attorney can or should attempt to answer your question without reviewing the instrument and/or court order that created the trusts. The best anyone can say in this forum is maybe. I would say the likelihood of you being able to do that is low.

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