The Importance of a Properly Executed Will, and What it Does and Doesn’t Control In Colorado, signing a will with the proper formalities can make a big difference in the administration and distribution of your estate. Colorado has a progressive, consumer-oriented probate system. Commentators in the national media constantly warn the public to “avoid probate,” … Continue Reading
Need a Personal Representative’s Deed for a Closing? REALTORS® regularly call the firm to assist with a scheduled closing where the seller does not yet have title to the property because the property hasn’t been administered from an estate of a deceased person. We find that often there is a misunderstanding that the Personal Representative’s … Continue Reading
As a result of publicity over the Terry Schiavo case, I have received several inquiries from clients and others about the use of living wills and advance directives in Colorado. After reviewing the living will and medical durable power of attorney forms published by the Colorado Bar Association, and Colorado’s statutes governing living wills and … Continue Reading
Colorado’s new beneficiary deed law became effective on August 4, 2004. The law applies to beneficiary deeds recorded by owners who die after that date, and governs not only beneficiary deeds created after that date under the new statutory guidelines, but also to the older “transfer on death” deeds previously authorized in Colorado. The new … Continue Reading
Joint Property? Watch Out! Avoid Problems with Durable Power of Attorney John DeStefano and his wife learned the hard way that adding their daughter’s named to their bank accounts was not a good thing. Their $77,362 in savings was wiped out when their Pennsylvania bank used the funds to cover loans taken out by their … Continue Reading
Family limited partnerships can be useful vehicles for accomplishing certain estate planning and asset protection planning goals. Historically, they were often used as an alternative to a corporation for purposes of holding real estate or as an operating vehicle for a family business because they offer limited liability protection of the same type afforded … Continue Reading
Joint Tenancy With A Noncitizen Spouse: An Estate and Gift Tax Guide for the Perplexed This article was originally published in Probate & Property, the Magazine of the Real Property, Probate and Trust Law Section of the American Bar Association, Vol. 16, No.1, January/February 2002, at page 41. The problem with federal estate and gift … Continue Reading
Co-Author: Patricia A. Leighton, Esq. Quit Claims & The $500K Exclusion Part II In the May issue of the Colorado REALTOR, I posed the following scenario, a parent allowed her adult son to live in her second house for the last 2 1/2 years. The parent now wants to sell the house. Can the parent … Continue Reading
Co-Author: Patricia A. Leighton, Esq. Quit Claims & The $500K Exclusion Consider the following parent who has allowed her adult son to live in her second house for the last 2 ½ years. The parent now wants to sell the house. Can the parent quit claim the house to her son so that he can … Continue Reading
For most people, selecting the “right” person to take care of one’s minor children or property after death is the most agonizing feature of estate planning. This problem should not prevent you from signing a will or moving forward with other necessary estate planning, however. You need to have a will in place because the … Continue Reading
