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Colorado Probate Questions & Answers
1 Answer | Asked in Probate and Wrongful Death for Colorado on
Q: Do I have any rights here? Is he my husband?

Last year my s/p and I filed taxes together. He recently was killed by a drunk driver. We were together 4 years. I told his mother I already filed taxes for this year which I plan on doing. We were practically married and everyone knew it. He made this huge post on FB claiming me etc. I’m his... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 24, 2023

First, my condolences on your loss. Please make a little time to take care of yourself. You have a lot going on and I'm sure it's more than overwhelming. You'll make it through it. You have to take care of yourself so you can keep your wits about you.

This is a really...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: Who is responsible for spousal debt after death in COlorado?

My father passed away and most of his debt is in his name only. There was no will and the only evidence I have is my mom listed as the beneficiary for both his life insurance and retirement plan. Is that money safe or can creditors take from there? What about their house, is that at stake with... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Jan 16, 2023

Allot of this really depends. If I recall, If the debt is solely in your father’s name, I would think his estate would be liable for the debt. If the debt was in both your mother and father’s name, then you mother could be jointly liable. If the debt was attached to a security interest such as... Read more »

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1 Answer | Asked in Probate for Colorado on
Q: My daughter’s grandmother left her a bank account and her cousin was in charge of it.

Come to find out cousin wired herself the money from a 1st bank of colorado to New York where she lives. How do I start the process of prosecuting? It was only about $6000 but it was my daughter’s .

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

There is not enough information here to be able to provide an answer. I can provide some general information based on some possible scenarios.

The first question is what the cousin's legal status was in regard to "being in charge of" the bank account. Depending on the...
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1 Answer | Asked in Probate for Colorado on
Q: Legally is the executor of an estate able to distribute funds to an incarcerated person's Power of attorney?

I am the executor of the my father's estate. My brother is incarcerated and would like me to give his inheritance money to his Power of attorney, who is a friend and business partner. Is this legal or should I put it in a trust or account until he is released? Also, if this is permitted,... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Dec 4, 2022

A power of attorney is a document, a stack of papers, so, no, you would never want to distribute to a power of attorney because that is not a natural person or entity; it is not capable of receiving an inheritance. If you mean the person designated in the power of attorney, usually called an agent... Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: My dad passed and his wife claims that he said that my brother, my kids and I get nothing. Without any documentation.

When my dad was in the hospital, she would not let us see him to say goodbye and claims that he told her that his children and grandchildren get nothing, I finally received the family photo albums with missing pictures. She had only been married for 10 years and she even took the military flag... Read more »

Anita O'Meara
Anita O'Meara
answered on Nov 21, 2022

I'm sorry to hear of your loss and the difficult position you are in regarding your father's estate. Your question did not mention your jurisdiction or if there was a Will. In most states a Will is given priority for how personal property (the flag, jewelry, furniture, photos, etc.) and... Read more »

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1 Answer | Asked in Probate for Colorado on
Q: Can a devise named in a Will obtain a copy of the Will prior to the death of the owner of the Will?

Personal representative not providing copies of a Will and Codicils to family members

Anthony M. Avery
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Anthony M. Avery
answered on Nov 17, 2022

You have no right to someone else's legal documents. Once the testator dies, and the will is filed for probate, then you can examine the Court File. Until the testator is dead, any will document is ambulatory and subject to change/revocation.

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Colorado on
Q: If the house I co-inherited with my sister goes into foreclosure, will it affect my credit? (House in my father's name)

I'm struggling to get my sister on the same page about what to do with my dad's house. It's still in his name because he didn't leave a will and my sister and I have yet to go through probate. I have tried to sell her my share of ownership for a reasonable sum or suggested we... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

It should not affect your credit since you are not on the title or the mortgage. You may want to take a more active role by being appointed the personal representative ("executor") so you could sell the property if there is any equity to protect. You should get a lawyer to help you with this

1 Answer | Asked in Bankruptcy and Probate for Colorado on
Q: Can I claim bankruptcy if I am being sued in probate court for a surcharge
Timothy Denison
Timothy Denison
answered on Nov 3, 2022

Yes. You can file bankruptcy.

1 Answer | Asked in Contracts, Estate Planning, Landlord - Tenant and Probate for Colorado on
Q: How do I revocate a contract / remove the trustee from trust/estate/property/etc.??

Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... Read more »

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Half brother and sister are fighting about the fathers estate the brother died!

The women he was living with says common law wife and wants half of the estate, can she do this?

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2022

A Colorado attorney could advise best, but your question remains open for three weeks. Your question probably went unnoticed under this general heading. You could try reposting under the "Probate" and "Estate Planning" headings. If still no response, you could reach out to law... Read more »

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: My mom passed away last year i manage the property/payments. Do i have to do a transfer deed in my name or can i just h
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Sep 16, 2022

Afternoon,

these types of questions are often handled in probate. If your name was not on the deed as Joint Tenants, you will need something in the public record to show that you own the property. If I recall, the executor of the estate typically has some authority over the matter but this...
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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: What requirements apply in CO to notify/escrow money to a benef/sib who has left the state/country, & is out of touch?

I am executor of my mom's will/trust. One of two siblings has left the state and possibly the country, and there is no communication on his part, despite our family's efforts. What must I do to satisfy Colorado's requirements to notify him and escrow inheritance? How long must I wait... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 11, 2022

As a general rule in Colorado, C.R.S. § 15-12-705 sets the expectations for notifying a beneficiary or likely heir to an estate. The code states, in part, "the information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to... Read more »

2 Answers | Asked in Estate Planning and Probate for Colorado on
Q: My mom's will was made by an attorney in El Paso County who has since died. There were two witnesses and a notary.

She has died in Oregon where that is not a sufficient will, and requires an Affidavit of Witness/Genuine Sig. Since the attorney who witnessed has died and I can't locate the notary (may also be gone, since it was 1998), is there any way to track down legal records/proof from a now-closed law... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 24, 2022

Contact a competent OR attorney and see if Probate is needed, and if so, whether the alleged Will would make a difference. If necessary, you may be able to Probate somewhere the Will is valid. But most likely she will die intestate, probate or not.

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1 Answer | Asked in Probate for Colorado on
Q: How can I retrieve my deceased mother's bank account balance to split between my sister and I?

My mother passed back in February. I was her caretaker and she assumed that meant I'd be given whatever was left over in her bank. Everything happened so fast, we weren't prepared for her death at all. None of us were thinking about money once we knew she would pass. There's a little... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Aug 10, 2022

I'm so sorry to hear that your mother passed away. But there is a fairly simple path forward for her estate and her possessions to be distributed to family and friends. People that pass away in Colorado either do or don't have a Will that controls their estate after death. If you mother... Read more »

1 Answer | Asked in Probate for Colorado on
Q: my mother died without a will. now what happens? how is it decided who gets what?
Anthony M. Avery
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Anthony M. Avery
answered on Jul 6, 2022

Whatever property she died owning will pass through the Intestate Succession Statutes. If substantial assets exist, hire a CO attorney to Administer her Estate.

1 Answer | Asked in Probate for Colorado on
Q: I'm trying to get a copy of my father's will my family will not return my calls. If you could help guide me

I would appreciate it

Kevin Michael Strait
Kevin Michael Strait
answered on Jun 20, 2022

In Colorado, a will (or more formally, a Last Will and Testament) is a personal document that becomes effective at the moment a person dies. It is very important to have a will, but the will is not legally controlling over a person's property until the person dies and the will is accepted by... Read more »

3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 16, 2022

The other attorneys are correct. You need to file into the probate estate. Depending on when this occurred you may need to act immediately in order to preserve the estate. In other words, you need to act quickly before your sister spends any proceeds from the sale of the house.

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1 Answer | Asked in Probate for Colorado on
Q: My boss recently died and I had been living with him for about 7 months. Do I have some sort of rights to get my stuff?

One of my bosses friends girlfriend has somehow been put in control of his estate and won't allow anyone to even go on the property. She let me go there once to get his poor dog that was locked in the house but told me I couldn't take anything. I have quite a bit of stuff there and am... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 22, 2022

You deserve access to your personal property. You do not automatically lose rights to your property when the owner of the property passes away. Look at Colorado Revised Statute § 30-40-101(1)(II)(C) which essentially states that a person "previously given permission to enter and remain on the... Read more »

3 Answers | Asked in Estate Planning and Probate for Colorado on
Q: When my husband dies do our assets need to go through probate?

Live in Colorado. Assets worth $130,000. All jointly owned. No real property. He has 1 child from another spouse. No will or trust

Kristine Evers Stinson
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Kristine Evers Stinson
answered on Feb 9, 2022

As with so many answers about estate planning issues, the answer is "it depends", and how to proceed depends on you and your spouse's wishes. It is very possible to avoid probate or be able to use a much simplified process of probate but it generally depends on what those assets... Read more »

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