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Colorado Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Colorado on
Q: How to stop a sale of property after deceased
Michael Joseph Larranaga
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answered on Nov 13, 2023

This is a complicated legal question. Depending on how the deed is written, the property could already belong to someone else. For example, it is a joint tenancy with the right of survivorship. You most likely need to talk to either a real estate or estate attorney. If the property passed into the... View More

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: What should a beneficiary do if probate has closed but they haven’t received anything left to them by the will?
T. Augustus Claus
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answered on Oct 18, 2023

If a Colorado beneficiary hasn't received their inheritance after probate has closed, they should first review the will to confirm their entitlement. Contacting the executor is the next step to inquire about the status of the inheritance. For personalized legal advice tailored to your unique... View More

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: My wife's mother passed away August 26, 2023. When can she release the money from the trust to the beneficiaries?

My mother-in-law passed away August 26, 2023 when can my wife release the beneficiaries money to the trust? She was in long-term care for the last 26 months.

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

That depends on the language of the trust instrument. Some living trusts authorize a distribution upon the death of the settlor, some allow the distribution upon settlement of the settlor’s probate estate, some provide for distribution at a fixed date or period of time.

1 Answer | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: 2015 divorce Denver,CO, my ex took all, judge wasnt aware i was on his car and house 2022 he dies, my name was on title.

Am i entitled to the car because i was still on it? How did someone else get it?

Nick Tootalian
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Nick Tootalian
answered on Aug 4, 2023

If a court does not apportion property in a divorce, the division of assets may be left unresolved or handled informally by the parties, leading to potential disputes. Lack of legal guidance can result in an inequitable distribution, possibly favoring one party over the other. This can create... View More

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Hi. How do I get something official from the court naming me as the agent of my mother's estate?

I have her last will and testament naming me as her attorney-in-fact (agent). Her will was never lodged with the county because she died March 20, 2020, ten days after governor Polis declared state of emergency due to the pandemic, closing most govt offices. My mother had no probable assets at the... View More

Rebecca Pescador
Rebecca Pescador
answered on Jun 23, 2023

Getting the Court document naming you as Personal Representative is usually a pretty straight forward process. You will need to go to the court and file a probate case. You can get the forms for a small fee at the courthouse or for free online at the state judicial website,... View More

1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Colorado on
Q: Can I file a case against my sister who abused her POA if she lives in another state?

My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty... View More

Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.

Generally...
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1 Answer | Asked in Estate Planning for Colorado on
Q: I own a house with my daughter. I want to put my part of the house in trust for her. Is this difficult?
Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

As a process, it is not inherently difficult, though you definitely need to obtain the assistance of an experienced estate planning attorney to accomplish it.

That said, Trusts can range from relatively simple to extremely complex. It will depend on what you want to accomplish with the...
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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Deceased Devisee

My dad was named as an heir in my grandmother's will. He preceded her in death, but the will was never updated. Am I eligible for his share? I am his only child, and he was never married. The Colorado code that governs it I believe is § 15-11-603, but I don't quite understand the legal... View More

Kevin Michael Strait
Kevin Michael Strait
answered on May 18, 2023

This response is generalized information related to Colorado inheritance, and is not legal advice specific to your situation.

Gifts made in a Will are sometimes given special attributes, conditions, or rules. A gift that fails to meet the conditions required in the Will can...
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2 Answers | Asked in Estate Planning and Probate for Colorado on
Q: Do I have to hire a lawyer to be appointed Personal Representative of my late husband’s estate?
Kevin Michael Strait
Kevin Michael Strait
answered on May 18, 2023

I'm sorry to hear of your husband's passing. In Colorado, no attorney is needed to be appointed as the personal representative of an estate. A personal representative is given several responsibilities, such as collecting all the deceased person's possessions, making gifts of the... View More

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2 Answers | Asked in Estate Planning and Probate for Colorado on
Q: Do I have to hire a lawyer to be appointed Personal Representative of my late husband’s estate?
John Michael Frick
John Michael Frick
answered on May 18, 2023

This is kind of like rebuilding the engine of a car. You can rebuild a car engine yourself; there is no law that requires you to hire a certified mechanic.

But you may not know how to rebuild a car engine because you lack the training and experience.

Similarly, unless you are...
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3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More

Michael Joseph Larranaga
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answered on Apr 21, 2023

Good morning,

I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are...
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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: How do I find out if my mother had a will? She died in 2020.
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

Thats a hard one because people store their wills in different locations.

I would start by digging through the house, safes, deposit boxes, and so on. If you can't find it, then you need to broaden your search.

You may wish to start checking with public sources where your...
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3 Answers | Asked in Estate Planning and Tax Law for Colorado on
Q: A deed to a property goes into an irrevocable trust. Is the real estate taxable by the government?

Or is the property subject to the tax break the irrevocable trust receives?

Marc Carlson
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answered on Mar 29, 2023

Irrevocable trusts must distribute all income to beneficiaries each year, which makes the trust a pass-through entity. Those beneficiaries pay the taxes on income. However, capital gains are not considered income to irrevocable trusts. Instead, capital gains count as contributions to principle in... View More

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3 Answers | Asked in Estate Planning and Tax Law for Colorado on
Q: A deed to a property goes into an irrevocable trust. Is the real estate taxable by the government?

Or is the property subject to the tax break the irrevocable trust receives?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 29, 2023

Is the real estate taxable by the government? Yes.

Or is the property subject to the tax break the irrevocable trust receives?

It also would receive any tax breaks as well as being taxable.

It's still taxable when the tax assessed is $0.

That's going to...
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1 Answer | Asked in Estate Planning for Colorado on
Q: What does heirs and assigns mean in a transfer on death deed mean
Marc Carlson
Marc Carlson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2023

“Heir”: An heir is someone who’s legally entitled to inherit your assets if you die intestate, meaning you pass away without a valid will or trust. Your heirs are people related to you by blood or marriage, like your spouse or children. If you die without an estate plan, your heirs will be... View More

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: I am supposed to be in a will that this person left me in. I haven't heard anything from this Will. I've been waiting

To hear from someone since 2015. 4-3-2015 was when he deceased. Last spoken to anyone was 11-12-2014.

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2023

Obviously you have waited too long to look for a legacy. If a devise was made with other devisees, then some of them might have paid taxes. Look in the property records where you think the decedent's lands might have been, and see if there might be property where you were one of the... View More

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: My mother had her will drafted in Colorado, but has moved to Texas before it was witnessed or signed.

She just got her drafted will from whoever drafted it in Colorado, but she currently lives in Texas. Can she get it signed/notarized in Texas? Would it still be considered legal since it was drafted in one state and notarized in another?

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 8, 2023

Generally, Wills are made under the laws of the state where a person lives. A complete, valid, signed, notarized, and witnessed Will made in any state is usually good in other states, meaning a person with a completely formed Will can move to a new state and the Will is still valid. Unfortunately,... View More

1 Answer | Asked in Estate Planning for Colorado on
Q: Im beneficiary to a will in Colorado, but the owner of the will had me sign and got it notarized. Was I supposed to sign
Kyle Grabulis
Kyle Grabulis
answered on Mar 6, 2023

For answering your question, I presume you mean that you signed the will as a witness. Generally speaking, a will is still valid on its face when signed by the testator (creator of the will), signed by two witnesses, and notarized. Here are some points to consider:

Under Colorado law, a...
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1 Answer | Asked in Estate Planning for Colorado on
Q: I want a beneficiary in my will to be anonymous on paper. The executor will know who they are. Can I do that?
Kevin Michael Strait
Kevin Michael Strait
answered on Feb 20, 2023

Your goal to create an anonymous beneficiary is more common that you might think. This is not legal advice specific to your situation, but is instead a general answer to your question and point you may wish to consider with your attorney. One way to keep a gift private is to use a Trust, and... View More

1 Answer | Asked in Estate Planning, Family Law and Child Custody for Colorado on
Q: When creating a will do I have the right to state that I don’t want my minor child around certain people till age 18

My child’s paternal grandmother is a addict and a child abuser and is not allowed around or alone with my child until he turns 18 preferably 21 years old

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The answer to this is essentially a 2 part answer.

First, yes, you absolutely have the right to express that in your Will. There is broad freedom to include things in your Will. That includes statements about who you prefer to finish raising your minor child, conditions around any...
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