Our law firm frequently encounters clients who have either previously set up a revocable trust or are interested in establishing a revocable trust. A revocable trust, otherwise known as a “living trust,” is a legal document established to hold ownership of assets during the lifetime of the person who creates it. The party who establishes … Continue Reading
Probate can be an overwhelming and stressful prospect. Understanding what probate means is the first step to navigating your way through this process. Probate, also called “estate administration,” is the process by which a deceased person’s will and property are handled in court. A probate case may be required even if the deceased person, called the … Continue Reading
You have probably heard the word “probate,” with its negative connotation, and wondered, “What is probate, and do I need to worry about it?” Simply put, probate, also called “estate administration,” is the process by which a deceased person’s will and property are administered by the court. A probate case may be required even if the … Continue Reading
When someone dies owning Colorado real estate, a probate administration is necessary to transfer the property, either to a buyer or to the estate beneficiaries. If the property owner died while living out of state, the type of probate proceeding necessary to transfer the Colorado real estate depends on whether a probate administration has been … Continue Reading
A will is the roadmap that directs what happens to someone’s probate assets when they die. The will also nominates a personal representative to administer the estate. But what happens when someone dies “intestate,” or without a will? In those situations, the Colorado Probate Code directs who inherits from the estate and who has priority … Continue Reading
When someone dies owning an interest in real estate, the legal instrument used to convey the property is a Personal Representative’s Deed. In the deed, the Personal Representative (“PR”) of the estate transfers the deceased owner’s interest to either a third-party buyer or an estate beneficiary. Does a Personal Representative’s Deed Require a Probate Administration? … Continue Reading
Co-Author: Michael Smeenk, Esq. When Can an Attorney Testify in a Will Contest Proceeding? Many people have wills in place when they die to ensure there is a proper roadmap for distribution of their assets upon death, consistent with their intentions and wishes. Sometimes a person (the “testator”) wishes to change their will in the … Continue Reading
