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What is Probate Administration?

What is Probate Administration and Why is it Necessary? In order for someone to give or sell something to someone else, they must have the legal authority to make the transfer. When a person is alive, they have the legal right to transfer something they own because they hold legal title to that property. But … Continue Reading

Walking Away From a Mortgage

Considerations Before Walking Away From a Mortgage. The Denver Post recently published an op-ed piece entitled “The Wisdom of Walking Away from Your Mortgage,” which encourages homeowners who owe more on their property than it is worth to consider simply walking away from their mortgage(s). This article, and others like it that suggest walking away … Continue Reading

Home Affordability Modification Program (“HAMP”)

Home Affordability Modification Program (“HAMP”) Lender Incentives to Modify Mortgage Payments The Home Affordability Modification Program (“HAMP”) is the federal loan modification program designed to assist homeowners who can no longer afford their monthly mortgage payments. HAMP went into effect in 2009 as part of the Making Home Affordable Program and set out a series … Continue Reading

Home Affordable Foreclosure Alternatives Program (“HAFA”) When Mortgage Modification Isn’t Enough

The Home Affordability Modification Program(“HAMP”) has been largely unsuccessful in creating permanent loan modification solutions that allow distressed homeowners to remain in their properties. In response, the Home Affordable Foreclosure Alternatives Program (“HAFA”), which went into effect April 5, 2010, provides foreclosure avoidance options for homeowners who are not able to permanently modify their loans … Continue Reading

Determination of Heirs Proceedings

Determination of Heirs Proceedings: Clearing Title in a Decedent’s Unadministered Property When someone dies, their probate assets are typically distributed through a probate proceeding. However, if a probate proceeding is never commenced, or if certain assets are not distributed through probate, those assets remain titled in the name of the decedent. In order for the … Continue Reading

Wills and Advance Directives

Simple Wills and Advance Directives Our firm receives frequent inquires related to the preparation of “simple wills.” Simple wills are sometimes sufficient instruments for clients to direct the disposition of their probate property. However, other clients may need more complex planning tools. This article discusses circumstances for which a simple will may be appropriate, then … Continue Reading

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