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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 
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
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)... View More
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... View More
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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
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?
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... View More
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
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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
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
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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
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
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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
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
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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... View More
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
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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
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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
answered on Oct 1, 2024
None. You are not obligated to pay any of their bills or expenses with your own money.
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
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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.
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.
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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... View More
I have not been able to navigate the colorado clerk website to find deeds thank you.
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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.
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
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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.
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
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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.
Two aunts ,who has done other embarressing actions, also I'm homeless
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answered on Nov 16, 2023
Whoever has title to the home can sue you for possession.
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
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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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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
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