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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 - Page 3
Do you have any Colorado Estate Planning questions page 3 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
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Recent Legal Answers

If person on mortgage passes away and I am on the deed, how can I keep the property?

Answered 12 years and 5 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
If you let it go, it should not affect your credit. If you want to keep it, you should contact the company about assuming the mortgage.
If you let it go, it should not affect your credit. If you want to keep it, you should contact the company about assuming the mortgage.

Is there a time limit for a beneficiary to file suit against the trust?

Answered 12 years and 6 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
You will have to check the state statutes. There are usually different statutes of limitations for various types of cases.
You will have to check the state statutes. There are usually different statutes of limitations for various types of cases.

Can a codicil to a missing will modify a different will?

Answered 12 years and 6 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
No. You would have to find the 2012 will.
No. You would have to find the 2012 will.

How do I attain a copy of my mother's will?

Answered 12 years and 7 months ago by Kristen A Carron (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
It sounds like there should have been a probate. I would start by calling the probate court in the town where your mom lived. A will is supposed to be filed with the probate court 30 days after death whether or not a probate was opened. If the will was filed, the probate court will have it and you will be able to get a copy.... Read More
It sounds like there should have been a probate. I would start by calling the probate court in the town where your mom lived. A will is supposed to... Read More

What can I do to get my money from my retirement?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
They should be able to tell you when you should get your first check.
They should be able to tell you when you should get your first check.

do you need to update your will, poa's,Living Wills when you move to another state? We have changed our permanent address from N.Dakota to Colorado

Answered 12 years and 7 months ago by David M. Rich (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
They usually are fine, but it's hard to say without seeing the actual documents. The biggest issue with a relocation for most people is if you still own property in the other state (or another state in general), as you can end up having to open probate in multiple states in that case, and you'd want to do some planning to avoid this (like using a trust). I hope this helps. ... Read More
They usually are fine, but it's hard to say without seeing the actual documents. The biggest issue with a relocation for most people is if you still... Read More

How do you get power of attorney for a loved one?

Answered 12 years and 8 months ago by Victor L. Waid (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
Too late from him but you could file a petition for conservatorship of the father to obtain the power you are seeking of his person or estate or both.
Too late from him but you could file a petition for conservatorship of the father to obtain the power you are seeking of his person or estate or both.

How do you get power of attorney for a loved one?

Answered 12 years and 8 months ago by Thomas Edward Gates (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
Your father would have to authorize Power of Attorney for an individual. He must do so knowingly and intelligently. If he is unable to do so, you can petition the court to be appointed his guardian.
Your father would have to authorize Power of Attorney for an individual. He must do so knowingly and intelligently. If he is unable to do so, you... Read More

How do you get power of attorney for a loved one?

Answered 12 years and 8 months ago by attorney Dara J. Goldsmith, Esq.   |   20 Answers   |  Legal Topics: Estate Planning
If he is mentally competent then he may execute a power of attorney. If not, you will need to consider filing for guardianship.
If he is mentally competent then he may execute a power of attorney. If not, you will need to consider filing for guardianship.

How do you get power of attorney for a loved one?

Answered 12 years and 8 months ago by Jayne L. Sebby (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
Most hospitals have a social worker who can help you with this.
Most hospitals have a social worker who can help you with this.

Which Trust to set up?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
Do an irrevocable trust for life insurance. If you want to put any other property in trust, do a revocable trust wit you as the trustee.
Do an irrevocable trust for life insurance. If you want to put any other property in trust, do a revocable trust wit you as the trustee.

If law has changed, do we divide by laws in place at time of death or laws in the year its being divided?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
You divide the property by the terms of the will. You have to use the laws in effect at the time of death.
You divide the property by the terms of the will. You have to use the laws in effect at the time of death.

What can be done if our mother has wavering Will?

Answered 12 years and 9 months ago by Edward L. Armstrong (Unclaimed Profile)   |   19 Answers   |  Legal Topics: Estate Planning
Will contests are, at best, tricky. The window of time for filing this type of suit is very limited. If an estate has been opened, the clock begins ticking. Generally, the statute of limitations on filing a will contest is six months from the grant of Letters Testamentary. In addition, the will contest is limited to just that: Contesting the will. No additional claims may be joined. You definitely need to retain an attorney immediately who is familiar with probate law.... Read More
Will contests are, at best, tricky. The window of time for filing this type of suit is very limited. If an estate has been opened, the clock begins... Read More

What are my rights regarding a house co-owned with my ex?

Answered 12 years and 9 months ago by Roger Durkin (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
If you both want to sell, you should have a lawyer to protect your interest. If it is an ex., meaning you are legally divorced, and unless the court acted otherwise the two of you have an interest in the property considered as owned as tenants in common. Equal ownership. The original deed which may be tenants by the entirety. This would be altered by the Probate Court filing of the divorce the title changes the interest to tenants in common. You own half and your heirs, children, etc. inherit your half. Her half goes to her heirs.... Read More
If you both want to sell, you should have a lawyer to protect your interest. If it is an ex., meaning you are legally divorced, and unless the court... Read More

Does the IRS seem to be more interested in reviewing Crummey notices as of late and if so what do you recommend clients do to get their house in order

Answered 12 years and 9 months ago by James P. Frederick (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Estate Planning
It is far less likely that Crummey notices will be needed, since the estate tax exclusion has increased, and will continue to do so. Having said that, I have not seen any increase in scrutiny.
It is far less likely that Crummey notices will be needed, since the estate tax exclusion has increased, and will continue to do so. Having said... Read More

Does the IRS seem to be more interested in reviewing Crummey notices as of late and if so what do you recommend clients do to get their house in order

Answered 12 years and 9 months ago by Victor L. Waid (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Estate Planning
Consult with legal counsel who specializes in tax/irs matters.
Consult with legal counsel who specializes in tax/irs matters.

Is my mom liable for the bill or my dad's estate?

Answered 12 years and 9 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
She should transfer the title of the house to her name if it was held jointly with her. If the house was only in your father's name, a probate estate will need to be opened and the medical bills will need to be paid from that estate. Your mom is not responsible for the medical bill unless she sign to be responsible for your father's medical bills with the doctor/hospital. The medical bills should be paid out of his probate estate, which is any asset that was in his name alone or had no beneficiary designation that needs to be administered through the probate court.... Read More
She should transfer the title of the house to her name if it was held jointly with her. If the house was only in your father's name, a probate estate... Read More

Can I ask power of attorney to show me documents of real estate?

Answered 12 years and 10 months ago by Gerald A. Bagazinski (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
You may have to wait. The power of attorney is not under any obligation to share the father's estate plan with you.
You may have to wait. The power of attorney is not under any obligation to share the father's estate plan with you.

Can I ask power of attorney to show me documents of real estate?

Answered 12 years and 10 months ago by Victor L. Waid (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Seek the assistance of a probate lawyer to assist your father in the revocation of the power of attorney, convey the house to you and him as joint tenants or make a will designating you as the sole beneficiary.
Seek the assistance of a probate lawyer to assist your father in the revocation of the power of attorney, convey the house to you and him as joint... Read More

Can I ask power of attorney to show me documents of real estate?

Answered 12 years and 10 months ago by Edward L. Armstrong (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
You need to hire an attorney. There are some serious issues here.
You need to hire an attorney. There are some serious issues here.

What are the risks of being a beneficiary with a trustee you can't trust?

Answered 12 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   20 Answers   |  Legal Topics: Estate Planning
Frankly there is little if anything you can do other than continue to attempt to persuade your partner to name someone other than his sister as trustee. Naming a bank will result in substantial trust fees that his sister may not be charging. You sister would not be willing to place her law license in jeopardy by acting improperly with respect to the trust.... Read More
Frankly there is little if anything you can do other than continue to attempt to persuade your partner to name someone other than his sister as... Read More

Can someone give me some advice in regard to my Deceased Husband's Life Insurance?

Answered 12 years and 10 months ago by Gerald A. Bagazinski (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
I am sorry for your loss. You should hire an attorney who can walk you and your in-laws through the disclaimer process. It must be completed within 9 months of the date of death.
I am sorry for your loss. You should hire an attorney who can walk you and your in-laws through the disclaimer process. It must be completed within 9... Read More

Do I have to do what the power of attorney tells me to?

Answered 12 years and 10 months ago by James P. Frederick (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
This is a mess. You can do what you want with a joint account. The potential problem I see is that your uncle could claim elder financial abuse, if you are not careful. I would try to work with him, to the extent that the two of you can agree and cooperate. If this is not possible, you have two alternatives that I can see. You can withdraw all money in the account that is yours and turn the remainder over to your uncle, or you can retain a lawyer and insist that all communications be handled through the lawyer. Unless you believe that your uncle is not properly caring for your grandmother, I would see if you can work something out.... Read More
This is a mess. You can do what you want with a joint account. The potential problem I see is that your uncle could claim elder financial abuse, if... Read More

What can I do if my dad died he left a small home without a Will?

Answered 12 years and 10 months ago by Mr. Loren M Lambert (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Unless there's something else involved, the home will be split between you and your sister.
Unless there's something else involved, the home will be split between you and your sister.
Estate Planning
Colorado

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