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Colorado Estate Planning Legal Questions

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74 legal questions have been posted about estate planning by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Colorado Estate Planning Questions & Legal Answers
Do you have any Colorado Estate Planning questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 74 previously answered Colorado Estate Planning questions.
Estate Planning
Colorado

Recent Legal Answers

Can I sponser my sister in law from Mexico to live with us

Answered 3 years and 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Estate Planning
Unfortunately there is no sister in law category for you to sponsor her under. Your sister in law can always obtain a visitor visa to visit the United States. If she has a sister or brother that has US citizenship, she can be sponsored by either of them, but that takes about 12 to 13 years before her priority date is current.           ... Read More
Unfortunately there is no sister in law category for you to sponsor her under. Your sister in law can always obtain a visitor visa to visit the... Read More

In CO, can a durable POA sign a quit claim deed while patient is actively dying/non-responsive,then record said quit claim deed weeks after his death?

Answered 4 years and 2 months ago by attorney Susan Kathleen Morath   |   1 Answer   |  Legal Topics: Estate Planning
As a purely technical matter, the agent under a valid power of attorney would have the authority to take this kind of action.  Powers of attorney are specifically given to be used in circumstances where the principal (your decedent) cannot take action himself. That said, there may be other circumstances, such as an improper influence by someone else, or a breach of fiduciary duty, that could impact a court's willingness to uphold the transfer. You would need to have a lawyer thoroughly review the situation.... Read More
As a purely technical matter, the agent under a valid power of attorney would have the authority to take this kind of action.  Powers of... Read More

can i add language to my living trust that will account for unknown lifetime gifts

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You can amend the trust to so provide.  To make sure that the amendment is done correctly and does not lead to lawsuits after you are gone, ask an experienced trust and estates lawyer to help you and keep a complete, dated and signed list with a copy someplace safe so that it cannot later be altered by someone else.... Read More
You can amend the trust to so provide.  To make sure that the amendment is done correctly and does not lead to lawsuits after you are gone, ask... Read More

My elderly mother had a cheap will done by a paralegal. I don't think I'll receive the money because of my student loan debt.

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The paralegal who drafted the will was practicing law without a license.  But suing her after your mother is gone won't help you.  You are absolutely correct that the Will should provide that anything which is to go to a disabled person should instead go to a special needs trust for their benefit.  The attorneys who have advised you to "get your mother to see an estate attorney to fix it" are also right:  the only person who can change her Will is your mother.... Read More
The paralegal who drafted the will was practicing law without a license.  But suing her after your mother is gone won't help you.  You are... Read More

Medical trusts? Is this an option?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
It is not necessary to create a trust to pay someone's medical bills.  Grandmother can pay them directly while she is alive with no tax consequences to her.  If she likes, she can create a trust (either stand-alone or in her Will) which will pay the bills.  She should note that the income tax brackets for trusts and estates are compressed, meaning that it need earn less money than an individual to be taxed at a high income tax rate.  This is a good reason to have the trust be funded only when, due to fraility, disability or death, she is unable to make payments directly.... Read More
It is not necessary to create a trust to pay someone's medical bills.  Grandmother can pay them directly while she is alive with no tax... Read More

Do I need a will or durable POA

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Powers of attorney lose all legal effect when the person granting them dies. Wills govern property after death but have no legal effect until a court admits them to probate (proving).
Powers of attorney lose all legal effect when the person granting them dies. Wills govern property after death but have no legal effect until a... Read More

Does my blind friend need a will'

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
In most staes that size of an estate would not be probated and she would not need a Will. 
In most staes that size of an estate would not be probated and she would not need a Will. 

Will on unsigned will

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
An unsigned Will is not valid.  Property will pass to the heirs at law, not to the state.
An unsigned Will is not valid.  Property will pass to the heirs at law, not to the state.

Who pays for the recapture receivable account statement once the owner dies?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The amount must be paid.  The owner, by dying, has vacated the premises.
The amount must be paid.  The owner, by dying, has vacated the premises.

If I am a signer on my Mom’s account can Medicare take 100% or 50% of her money?

Answered 6 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Because each joint signer is entitled to take out 100%, Medicaid will regard the money as being 100% that of whoever applies.  Be careful about putting money into your mother's account as Medicaid will regard it as hers.  Be careful about taking money out of your mother's account as Medicaid may regard it as a transfer/gift in an attempt to qualify for Medicaid (by hiding her money) and penalize her, not paying for her care for a period of time.... Read More
Because each joint signer is entitled to take out 100%, Medicaid will regard the money as being 100% that of whoever applies.  Be careful about... Read More

My daughter in-law stole my late husbands property, before the executor was able to do inventory what can I do to help the executor?

Answered 6 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You can make a list of the property, real and personal.  The executor will need this for the Inventory and to attempt to recover it.  You can also offer to sign an affidavit that the step daughter was a guest, which may help the executor file a small claims or justice of the peace court suit to evict her.  While Colorado law and your late husband's will may give her an interest in the property, it is not hers yet.  If you are still paying for utilities, you might ask yourself why. Few people want to live without indoor plumbing, light and heat.... Read More
You can make a list of the property, real and personal.  The executor will need this for the Inventory and to attempt to recover it.  You... Read More

How can my 92 year old Mother take her house back and force my brother out of her house?

Answered 6 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Contact Adult Protective Services and a local elder lawyer.  You might like to use the Find a Lawyer function on the website of the National Academy of Elder Lawyers (www.naela.org)
Contact Adult Protective Services and a local elder lawyer.  You might like to use the Find a Lawyer function on the website of the National... Read More

What are my rights and where do I stand at if ex in laws are claiming that the house is theirs?

Answered 9 years and 10 months ago by David M. Rich (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
I would need more information to comment more on this, but at a minimum you should be entitled to 1/2 the equity value as of the date of the divorce before the parents paid off the mortgage. However, if the house was still titled as joint tenants with rights of survivorship, you now are the sole owner of the house. You definitely are going to want an attorney to at least review all the facts and perhaps need to negotiate with his estate.... Read More
I would need more information to comment more on this, but at a minimum you should be entitled to 1/2 the equity value as of the date of the divorce... Read More

How do I put a property I inherited in my name?

Answered 10 years and 4 months ago by David M. Rich (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If the property is in Colorado, you will need to probate the will in the district court in the county where your grandfather lived or where the property is located, and the person who is named Personal Representative (?PR?) in the will or appointed to be PR can sign a PR deed transferring the property to you. A lawyer can be of a lot of help with these cases. I hope this helps.... Read More
If the property is in Colorado, you will need to probate the will in the district court in the county where your grandfather lived or where the... Read More

If a will was made without the use of an attorney, can I hire one to protect me, the sole heir?

Answered 10 years and 6 months ago by attorney Bernard H. Greenberg   |   1 Answer   |  Legal Topics: Estate Planning
You can always hire an attorney to assist you in protecting your rights and interests.
You can always hire an attorney to assist you in protecting your rights and interests.

How could we remove a co-trustee from our mothers will?

Answered 10 years and 6 months ago by Edward L. Armstrong (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
The document can be very simple - a letter signed by the beneficiaries removing the trustee. If this trustee is a corporation it may contest your action in court but probably won't.
The document can be very simple - a letter signed by the beneficiaries removing the trustee. If this trustee is a corporation it may contest your... Read More

A spouse passed away without a will and the house was in his name, what can the wife do?

Answered 10 years and 7 months ago by attorney Bernard H. Greenberg   |   1 Answer   |  Legal Topics: Estate Planning
Open the probate estate.
Open the probate estate.

Will we have to pay our inheritance to the IRS because of back taxes? How?

Answered 10 years and 7 months ago by attorney James E. Reed   |   14 Answers   |  Legal Topics: Estate Planning
That would be a no.
That would be a no.

Will we have to pay our inheritance to the IRS because of back taxes? How?

Answered 10 years and 7 months ago by Norman Harry Green (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
That would be a no.
That would be a no.

Should the beneficiary of a will write the statements for the testator?

Answered 10 years and 7 months ago by attorney Bernard H. Greenberg   |   1 Answer   |  Legal Topics: Estate Planning
Your question cannot be answered as written. Please resubmit your question.
Your question cannot be answered as written. Please resubmit your question.

How could I get my grandmother's insurance settlement?

Answered 10 years and 7 months ago by Thomas Edward Gates (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
You need to take her to court to get a court order to release the funds.
You need to take her to court to get a court order to release the funds.

Can a foreign citizen serve as an alternate trustee on a family trust? How?

Answered 10 years and 8 months ago by Robert Ingham Long (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Estate Planning
In California, even a non-resident alien can be appointed executor if so named in the will, even though they would not qualify for appointment as an administrator in the absence of a will. For a trust, it can be more complicated because the venue for trust proceedings is normally the jurisdiction where the trustee resides. A California court can accept jurisdiction for a trust being transferred into California, but hard to say what it can do about a trust being transferred out.... Read More
In California, even a non-resident alien can be appointed executor if so named in the will, even though they would not qualify for appointment as an... Read More

What do I have to do to sell my deceased mother's property when she was the only one listed on the deed?

Answered 10 years and 8 months ago by David M. Rich (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You will need to open probate and then you transfer the property via a personal representative?s deed. There are some other documents the title company will require for the sale and some other hoops to jump through. We can assist you with this if needed. We work on an hourly fee or often on a flat fee in probate cases.... Read More
You will need to open probate and then you transfer the property via a personal representative?s deed. There are some other documents the title... Read More

When I go to a probate attorney, can we have 2 persons on the deed to sell property?

Answered 10 years and 8 months ago by David M. Rich (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The personal representative of the estate has to sign the deed. Whether there is 1 or 2 personal representatives will depend on who was appointed in the will if there was a will or who the court appoints otherwise.
The personal representative of the estate has to sign the deed. Whether there is 1 or 2 personal representatives will depend on who was appointed in... Read More

How do we get them terminated as personal representatives?

Answered 10 years and 10 months ago by attorney Bernard H. Greenberg   |   1 Answer   |  Legal Topics: Estate Planning
You should immediately consult with an attorney specializing in estate matters and contested estates. That attorney can assist you in filing a petition with the court to remove the bad acting PR's.
You should immediately consult with an attorney specializing in estate matters and contested estates. That attorney can assist you in filing a... Read More
Estate Planning
Colorado

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