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
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
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
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
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
