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Colorado Probate Questions & Answers
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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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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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

1 Answer | Asked in Landlord - Tenant and Probate for Colorado on
Q: can a eviction be served while the house is in probate

Ive been living at a house for 9 of the last 11 years the owner who owned this house passed away back in june there was no will and his sister, next of kin filed for probate while it was still in probate she served us with a notice to quit in the notice to quit it doesnt state why she served us... View More

James L. Arrasmith
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answered on Jan 1, 2024

In situations where a property is in probate, it is possible for eviction notices to be served, especially if the person handling the estate (such as the deceased owner's sister in your case) has the authority to manage the property.

However, the validity and enforceability of such...
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1 Answer | Asked in Landlord - Tenant and Probate for Colorado on
Q: can a eviction be served while the house is in probate
T. Augustus Claus
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answered on Jan 1, 2024

In Colorado, the process of eviction can be affected by the status of the property in probate. When a property owner passes away, and the property is in probate, the legal transfer of ownership to heirs or beneficiaries may impact the eviction process. Generally, the personal representative or... View More

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 Civil Litigation and Probate for Colorado on
Q: Where to begin with my girlfriend's family holding her inheritance?

Her mother passed away in August 2021, and was told by stepfather to come and get her $80,000 inheritance. She was given specific information regarding where and how to pick it up, but upon arriving, stepfather told her to go away. He claims to have given everything to her brother, including her... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Oct 5, 2023

Your girlfriend should call a probate lawyer. Also, if you're in Denver, the Probate Court there has some resources available where she may be able to get some generalized advice or help. (Information available here: https://www.courts.state.co.us/Courts/Denver_Probate/Index.cfm) Other courts... View More

1 Answer | Asked in Tax Law and Probate for Colorado on
Q: Does a person need to give notification to an owner with back taxes. A certian amount of time to take care of a tax lien

Also if that owner is deceased and the there is a will showing that the property is given to a child but the probate haven't taken place yet due to possible fraudulent proceedings from ex wife with the will concerning other things not the property.

James L. Arrasmith
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answered on Sep 14, 2023

In Colorado, property owners are generally notified about tax liens and given a specific period to address the outstanding taxes. If the owner is deceased and there is an ongoing probate process, the resolution of tax matters may be addressed as part of the probate proceedings, which can vary in... 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.

2 Answers | Asked in Probate for Colorado on
Q: Probate, does executor of the will( sister) have to provide proof of asset sold to beneficiaries? (Me) In Colorado

My older sister is the executor of my dad’s well. His kids, including myself, are listed as the beneficiaries, and it says we are supposed to split everything equally.

She sold his car for $500, and will not provide a copy of the bill of sale or who she sold it to. We believe that she... View More

Rebecca Pescador
Rebecca Pescador
answered on Aug 25, 2023

In addition to what Mr. Claus has pointed out, as a beneficiary, if the personal representative (executor) does not provide the requested documentation, you have the right to file with the court (in the probate case case) and ask the Judge for assistance in getting documentation. You also have the... View More

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2 Answers | Asked in Probate for Colorado on
Q: Probate, does executor of the will( sister) have to provide proof of asset sold to beneficiaries? (Me) In Colorado

My older sister is the executor of my dad’s well. His kids, including myself, are listed as the beneficiaries, and it says we are supposed to split everything equally.

She sold his car for $500, and will not provide a copy of the bill of sale or who she sold it to. We believe that she... View More

T. Augustus Claus
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answered on Aug 24, 2023

In Colorado, an executor (also known as a personal representative) of a will has a legal duty to provide an accounting of the estate's assets, income, and expenses to the beneficiaries. This accounting includes details about any assets that have been sold or distributed. Beneficiaries are... View More

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1 Answer | Asked in Family Law and Probate for Colorado on
Q: Life insurance policy on my late finance , death certificate said we were married even through we were not.

Life insurance policy on my late finance , death certificate said we were married even through we were not. Papers asking if he was married at time of death What should his mother and I do he did not have a will or beneficiary

Nina Whitehurst
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answered on Aug 16, 2023

You definitely shouldn't lie, but if the life insurance policy names you as the beneficiary, it does not matter. If the life insurance does not have a beneficiary, then it matters a lot. There might need to be a probate to determine the proper distribution of the life insurance if no death... View More

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

2 Answers | Asked in Criminal Law, Family Law, Municipal Law and Probate for Colorado on
Q: Father gave me a truck back in Feb my sister who has power of attorney refused title I'm got grand theft auto warrants

Father gave me a truck back in Feb my sister who has power of attorney refused to give me title. Needing a vehicle I traded it for one that was ready to go as the truck wasn't anyway needing a motor. My father took my sister's side and reported it stolen the. Passed away. Now I have... View More

Anthony M. Avery
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answered on Jul 31, 2023

Hire a CO criminal lawyer now. He will need to gather the facts of the transfers,and determine who the next of kin of the Father is, But that probably means you only own an interest in the vehicle, not the whole. You will need a witness who can swear to the next of kin's identification.... View More

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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 Probate for Colorado on
Q: What is the best way to file probate papers for my Dad's estate in Colorado if we can only locate a copy of the will?

I have two sisters. We all shared power of attorney and healthcare POA when he was alive. We were all beneficiaries on his life insurance and we were all beneficiaries on POD accounts.

Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

You still file the probate paperwork with the Court.

You can file the copy of the Will and the Court will expect you to provide a sworn statement as to what efforts have been made to locate the original and to determine whether there might be a newer one. If the Court is satisfied with...
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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 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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