Colorado Estate Planning Legal Questions

Your question requires substantially more detail to resolve. For example: 1) Did your father have a will? 2) How was the property titled at the time of your father's death? 3) Is your mother on long term care Medicaid? Your best approach is to start work immediately with an attorney is your area who is experienced handling estates and estate administration.... Read More

You will likely need to retain an attorney with experience in this area, and provide a bit more information.  As a U.S. citizen, your income is subject to U.S. taxes, regardless of where it is earned.  However, there are many rules that can come into place to change that basic underlying rule.  We have been able to assist oversees contractors with similar issues.  To give you a better answer, though, we would need to get a bit more information on your status and income.... Read More

If your mother is already incapacitated, then she may not have the requisite capacity to sign powers of attorney. If she is able, she would want both a financial and a health care power of attorney. For further information, contact an attorney specializing in estate planning for elder clients.... Read More

He will have to sue your uncle and I would suggest filing a partition action to have the property sold. If your uncle cannot buy your dad out or your dad buy your uncle out, the property will be sold to a third party. The past rent question is difficult. He may be able to get a part of it but certainly not 4 years back.... Read More

This is a "Catch-22" situation. If she is no longer competent to manage her affairs, then the successor trustee can do whatever the trust provides in order to establish that she should be replaced as trustee, BUT YOU NEED A COPY OF THE TRUST IN ORDER TO CONFIRM WHO IT NAMES AS TRUSTEE AFTER HER, AND THE PROCEDURE FOR APPOINTING A SUCCESSOR! There may be a court procedure short of conservatorship to compel production of a copy of the trust and to determine capacity, but you will need a trust and estates attorney to navigate it.... Read More

Your question is much more complicated that you think. You need to meet with a probate attorney. You may not be able to get the result you are looking for. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More

When did your mother die? If it has been less than a year since her death, you should open an estate in the Probate Division of the Circuit Court for the county in which your mother lived. The purpose would be to obtain court approval to transfer the title of the house to you and your sister. As part of the administration process you would list all debts, give notice to any creditors that they had six months within which to file claims or be forever barred, pay any taxes due and then distribute the estate to the heirs which would be you and your sister. You will need to retain counsel to help you with this.... Read More

Unless the agent under the POA was somehow entitled to the funds (unlikely), than the funds should have been paid into the estate of the decedent. It could be a criminal act, including elder abuse. There also is civil recourse in Colorado for claims such as breach of fiduciary duty, fraud, civil theft, etc. You would probably need to open probate in Colorado to be able to get the needed disclosures from the bank (and the agent). It is likely that the court would order the estate to reimburse whoever looks into this for their attorney fees, since it is acting on behalf of the estate. In a case like this, we would try to get the court to order the agent under POA to pay the fees (and some of the claims above have treble (3x) damages plus fees). We handle this sort of litigation if you are looking for help.... Read More

I am assuming that your father resided in Michigan. Under Michigan law, the spouse and children will share the estate, however, the spouse is able to claim certain allowances which can total approx. $40,000. If your father's assets exceed that amount, the children are entitled to their 1/2 share.... Read More

You need to file a copy of the power of attorney with the local department handling the filing of documents affecting real property [normally county clerk] so that any potential buyer will know that the sale is questionable. You should also get her Dr. to verify that she suffers from dementia so does not have the power to sell her property. Tell your brother once you are successful in doing thee things that he is not allowed to get her to sell anything.... Read More

It depends. In the case of a wrongful death, it is possible that the settlement could by-pass the estate entirely, and go to the heirs. If the parties can agree on this, then the judge would generally approve it. This is especially in cases where there is no conscious pain and suffering. In other instances, it can go to the decedent's estate. This is generally less favorable for most of the parties and it is best to agree on a distribution, in order to avoid probate costs.... Read More

Your question is not clear. The Will and probate proceeding would need to be reviewed to determine if anyone acted in error or if there has been a discharge Without more facts it is impossible to answer your question. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.... Read More