Mr. Smeenk counsels clients in real estate, estate planning and estate administration matters. He joined Frascona, Joiner, Goodman and Greenstein, P.C. in 2007 as an attorney and became a shareholder in 2015.

In his real estate practice, Mr. Smeenk advises buyers, sellers and real estate brokers through all phases of purchase, sale and lease transactions. He has guided many clients through the nuances of loan modifications, short sales and foreclosures, and has settled or renegotiated tens of millions of dollars in loan obligations. He also advises real estate brokers in Colorado Real Estate Commission and federal compliance matters.

As an estate planning attorney, Mr. Smeenk routinely drafts wills, trusts, powers of attorney and living wills for clients. He also creates asset protection and gifting vehicles, including LLC's, family partnerships and complex trusts. His experience in drafting and implementing estate plans provides valuable insight when working through the probate administration process.

In estate administration proceedings, Mr. Smeenk represents personal representatives, trustees and beneficiaries to ensure that post-death matters are administered appropriately. He also represents clients in connection with guardianship and conservatorship cases.

Before practicing law full time, Mr. Smeenk gained practical small business management experience in growing from an intern to a Vice President / Corporate Counsel role with an event production company. His previous position as a licensed Mortgage Broker in North Carolina provides him with a functional understanding of property financing issues. Currently, Michael loves being a new dad and getting out for adventures with his family and dogs.

  • J.D., University of Colorado School of Law, 2007
    • University of Colorado Law Review: Casenote and Comment Editor
  • B.S., State University of New York College at Geneseo
    • Business Administration, cum laude, 2000
  • Colorado and Boulder Bar Associations
  • Boulder County Estate Planning Council
  • Boulder County Pro Se Probate Clinic Volunteer
  • Colorado Real Estate Commission Annual Update class
  • Probate and Trust Administration for REALTORS®
  • Statutory Restrictions on Private Lending (Boulder County Bar Association)
  • Real Estate

    Estate planning and Probate



    How is Colorado real estate transferred when an out-of-state owner dies?

    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

    What Happens When Someone Dies Without a Will?

    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

    What is a Personal Representative’s Deed?

    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

    Why Do I Need a Will?

    Many people understand that a will acts as the roadmap for distributing someone’s assets upon death. However, not everyone realizes that a will does much more than specifying who receives what. Some of the other important functions that a will can serve include the following: Nominate a Personal Representative. The PR collects the assets of… Continue Reading

    Clearing Title When Tenant-in-Common Owner Dies

    Clearing Title to Real Estate When a Tenant-in-Common Owner Dies Q:  How is title to real estate cleared when someone dies owning property as tenants in common with other owners? A:  Through a probate proceeding. I frequently hear from sellers or real estate brokers when they discover the following closing Requirements on Schedule B-1 of their title… Continue Reading

    How Does Seller Financing Work?

    How Does Seller Financing Work in Colorado Real Estate Deals? Q:  I’ve listed my home for sale. A potential buyer is interested, but can’t qualify for a loan. Is there some way to facilitate the sale without an outside lender being involved? A:  Yes – if the seller acts as the lender. This article will describe seller… Continue Reading

    Dodd-Frank, Consumer Financial Protection & Owner Financing

    What do Dodd-Frank and Consumer Financial Protection Bureau Regulations Mean for Owner Financing in Colorado? The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) introduced a host of new regulations designed to protect consumers and avoid another housing collapse. Key components of Dodd-Frank were designed to create greater certainty that borrowers can repay their… Continue Reading

    Mike Smeenk is an attorney in the law firm of Frascona, Joiner, Goodman and Greenstein, P.C., a Colorado law firm. His practice areas include Estate Planning, Trust and Estate Administration, Real Estate, and Corporations. Contact Mike Smeenk.

    Disclaimer — Content is general information only. Information is not provided as advice for a specific matter, nor does its publication create an attorney-client relationship. Laws vary from one state to another. For legal advice on a specific matter, consult an attorney.