Get free answers to your Probate legal questions from lawyers in your area.
I have a deposition approaching can I ask which questions will be asked ahead of time?
answered on Jun 19, 2024
It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.
That being said, there are very limited instances where your attorney may stop the... View More
First owner died, has one living son. Second owner died with no descendants but has sister and brother.
answered on May 11, 2024
Typically, if no will exists then the state’s intestacy statute would govern. If you have questions you should contact an attorney.
You will most likely need to open probate and resolve any property issues that way. For Tenants In Common, ownership typically passes without regard to the... View More
answered on May 6, 2024
Because your sister's probate attorney represents her--not you--you shouldn't expect that attorney to respond to requests from you for information about the estate. Talk directly to your sister. If she refuses to provide you with information, hire your own probate attorney to represent you.
Me a copy. It has been about 6 week and hasn't been filled with the district court. Further more my step mum passed last June. And my dad did not update his will.
answered on Apr 2, 2024
You can ask your stepsister for a copy or wait until she files it for probate. Or you can file a intestate probate yourself as an heir of your dad and then, if she has the Will, she will either need to come forward with it or allow you to proceed with the intestate probate of your dad's estate.
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
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
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
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
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
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
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
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
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... View More
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
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
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
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
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
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.
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
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.
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.
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
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
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
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
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
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
Am i entitled to the car because i was still on it? How did someone else get it?
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
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
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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