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Colorado Probate Questions & Answers
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
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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1 Answer | Asked in Probate for Colorado on
Q: Is it ethical for an atty to represent a beneficiary in a probate case if they are related or married to the beneficiary

Would an attorney be reluctant to represent, say, a close friend or spouse, as an interested party in a probate proceeding, given the attorney might be considered to also benefit if the interested party receives some interest in the estate? This is a fictional hypothetical, so I really only need a... Read more »

Cameron Kawato
Cameron Kawato
answered on Feb 8, 2022

Hello,

All Colorado attorneys are under strict rules of professional conduct. One very important area of these rules is the conflict of interest, which your question refers to. The rule that will help guide you is Rule 1.7 of the Colorado Rules of Professional Conduct. This rule states that...
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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: With no will , if I pay off my brothers truck loan will the truck become mine or does it have to go to his estate?

His estate is in probate and nobody was beneficiary on truck loan . But has 2 kids that dont want the truck and cant pay off the loan.

Nina Whitehurst
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Nina Whitehurst
answered on Jan 23, 2022

You can make an offer to buy the truck from the estate for an amount equal to the amount to pay off the loan. Make sure the estate does in fact use the cash to pay off the loan, of course.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: In Colorado, a Will can be notarized without being signed by witnesses. Is such a will considered "self-proving"?
Kevin Michael Strait
Kevin Michael Strait
answered on Jan 17, 2022

In Colorado, a self-proving will must conform to Colorado Rev. Statute § 15-11-504 and does require two witnesses. Any will, notarized or not, that did not have witnesses is not self-proving. While it is possible to form the self-proving feature after a will is otherwise formed, it is most common... Read more »

1 Answer | Asked in Probate for Colorado on
Q: Denver probate ongoing fraud, perjury, fraud estate and trust - defendant illusory trustee, never appointed. Theft

Theft of inheritance concealed trust, concealed assets, trustee another beneficiary - will probate provide enforceable restitution? Or would it be better to take to a prosecutor for restitution?

Anthony M. Avery
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Anthony M. Avery
answered on Dec 22, 2021

You have not asked a coherent legal question based on any facts. You should hire a competent CO attorney to tell your situation to, who after examining whatever records and/or court files are available, give you his considered opinion on what to do. I cannot even tell if a Probate Administration... Read more »

1 Answer | Asked in Probate for Colorado on
Q: Question about selling interest in home to Co-Personal Representative

My Mother died and my sister and myself were listed in the will and trust as Co-Personal Representatives and we are the only Beneficiary in an informal probate in Denver. My question is that my sister resides in our Mothers house and I granted her a year of living rent free which at the end of a... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Nov 17, 2021

What you want to do is possible, yes. The correct steps are first complete the informal probate process to get the house titled to your two names. Then hire a real estate attorney to help you deed your share of the house to your sister after she has paid you the agreed purchase price. A realtor... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate for Colorado on
Q: I am a heir and a beneficiary on my grandfather's will I was sent info on estate and have no clue on what any of it mea

I would like a lawyer to explain to me in layman's terms what's really going on with my grandfather's estate and my inheritance

Anthony M. Avery
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Anthony M. Avery
answered on Aug 6, 2021

Hire a competent CO attorney to look at the documents and give his assessment. You may need to examine the Probate Case File at Court, or at least call the Clerk.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Mom & Dad passed away. 2 homes 4 siblings. 1 brother is living in 1 homew/other peole, need 2 sell how do you get him o

The brother has several people living in there & it's a mess. we can't find a will. There are no other known assets Mom passed away Nov. 2019. Can we legally get him out in order to sell the property. He is back & forth & both. We have changed the locks & he changes them.... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 15, 2021

One option: Have one of the children file for probate and ask to be appointed personal representative of the estate. The PR can bring an eviction action if necessary. The PR can then sell the properties and administer the estate by paying any liabilities and distributing the proceeds among the... Read more »

1 Answer | Asked in Civil Litigation, Elder Law, Estate Planning and Probate for Colorado on
Q: My sister is trying to remove my name from a death certificate so she can deal with finances without permission?
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 15, 2021

I'm not sure what difference the death certificate makes. In Colorado, the Personal Representative controls disposition of the decedent's assets. The Personal Representative is appointed by the probate court. It usually is whomever is named as PR by the will. If no will, then the PR is... Read more »

1 Answer | Asked in Child Support, Family Law, Estate Planning and Probate for Colorado on
Q: Ex went missing in Gulf in 2019. No death certificate issued but my child support/alimony was closed by Montrose. Legal?

I have a child that was 17 at the time of her dad went missing. I was receiving child support and alimony. D's body wasn't recovered and no death certificate was issued by FL (state of accident). Montrose County filed for support of evidence that he was deceased but bec it took place in... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Mar 4, 2021

I am sorry to hear about the situation. You could talk to a caseworker who could explain the reason. Often people will have life insurance to insure support or you might be able to make a claim against the estate if probate is a possibility.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: In CO, 2x ERISA plans worth $200k w/ beneficiary as 15 yrs removed ex-wife (no children of marriage) but 93 yo mom alive

We are in Colorado - but federal law might determine the answer to this question. There is an 93-year old mother of recently deceased son (no children) who is not the named beneficiary of two of her son's ERISA plans. Rather the nasty ex-wife 15 years removed still is the beneficiary named... Read more »

Steven J. Fromm
Steven J. Fromm
answered on Jan 24, 2021

I am not a Colorado attorney and you ultimately must get with a Colorado estates/tax attorney to get a definitive answer. I can only tell you that in PA this surviving spouse would NOT be allowed to take as beneficiary since she is divorced from the deceased husband.

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