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
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
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
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
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.
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
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.
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
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
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
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
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
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
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
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
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
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...View More
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
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.
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
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
Three were paid off when sibling 1 took out loan. Sibling 2 was in prison and quit claimed but never got their share. What is the best way to fix this situation? Three siblings have no ownership. Sibling one and two have different percentages of ownership but nothing in writing. Sibling 2 currently... View More
If the property has already gone through probate and the personal representative distributed all the deeds, then there are numerous options including a partition action, contract negotiation, or other.
If the property did not go through probate, then that may need to happen so the deeds...View More
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
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?
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
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