Author Archive

Avoiding Family Feuds Over Personal Property

By Douglas A. Turner, Esq. • Apr 8th, 2008 • Category: Estate Planning & Colorado Probate

Almost always, the death of a parent causes some sibling issues to bubble to the surface. In most families, the issues are dealt with, ignored, or siblings go on with their lives without a fuss. On occasion, those issues explode into litigation. So what is the fuse that ignites the explosion? Personal property.



Bequest

By Douglas A. Turner, Esq. • Feb 9th, 2008 • Category: Estate Planning in Colorado: Glossary of Terms

Bequest is an old legal term that basically means to give a gift, or to bestow property, as designated in the terms of a will.



Using Colorado Beneficiary Deeds vs. Colorado Quitclaim Deeds To Avoid Probate: A Comparison

By Douglas A. Turner, Esq. • Jan 9th, 2008 • Category: Colorado Real Estate, Estate Planning & Colorado Probate

Many people try to avoid Colorado probate because of the perceived expense. To avoid a Colorado probate proceeding upon death, Colorado real and personal property must pass to the heirs by other means. In the case of real estate, Colorado quitclaim deeds (note: not Colorado quit claim deeds, as erroneously written at times) are often used. In most cases, however, the better alternative is a Colorado beneficiary deed.



Marital Agreements

By Douglas A. Turner, Esq. • Jan 9th, 2008 • Category: Estate Planning & Colorado Probate, Marriage, Family, and Divorce

Pre or post marital agreements define the rights of each spouse in the event of divorce or death. Any couple with a marital agreement should have a will. Here is why.



Colorado Deed Service: Colorado Real Estate Document Management Resource

By Douglas A. Turner, Esq. • Dec 10th, 2007 • Category: Features

Colorado Deed Service is a comprehensive real estate document management resource based in Colorado that provides the following services: Deed preparation and recording in Colorado. Colorado Deed Service can assist you in all your Colorado real estate document needs. Transfers of Colorado real estate into revocable trusts. Colorado Deed Service can manage the entire process [...]



Common Law Marriage

By Douglas A. Turner, Esq. • Dec 10th, 2007 • Category: Marriage, Family, and Divorce

In this day and age of cohabitation instead of marriage, Colorado courts hear more and more claims of common law marriage. Determining whether a couple is common law husband and wife is not always easy. Any person cohabitating with another should ponder the question, “Are we married in the eyes of Colorado law?” Traditional Marriage [...]



Life Insurance, Suicide & the Two Year/One Year Rules

By Douglas A. Turner, Esq. • Dec 10th, 2007 • Category: Estate Planning & Colorado Probate

Now, I know the title does not sound exciting, but there is much money at stake. How much? Millions, and some of it may belong to you if you understand the two-year rule and the one-year rule regarding life insurance death benefits.



Common Legal Misconceptions

By Douglas A. Turner, Esq. • Dec 10th, 2007 • Category: Colorado Business Law, General Discussion, Legal Briefs

Over the years, our law office has dealt with many legal problems caused by misunderstandings about the law. For the benefit of all, a few of those misconceptions are listed in this article. Read on and test your legal skills!



Recovering Nonprobate Assets to Pay Claims Against An Estate

By Douglas A. Turner, Esq. • Dec 9th, 2007 • Category: Child Support Collection, Colorado Collection Law, Estate Planning & Colorado Probate

More and more individuals are avoiding probate by using revocable trusts, payable on death designations and joint tenancy. The end result is that when a person dies, their money quickly disappears leaving the creditors of the deceased with nothing but an account due and owing. However, there are ways to recover from those who received [...]



The Colorado Family Purpose Doctrine

By Douglas A. Turner, Esq. • Oct 9th, 2007 • Category: Colorado Collection Law, Estate Planning & Colorado Probate

The general rule is that liability for a debt rests with the person who incurred the debt. However, like most general rules, there are many exceptions. One of those exceptions is something called the family purpose doctrine.

The family purpose doctrine states that the expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately. In simple English, this means that both husband and wife are responsible for the grocery bill regardless of who went to the store.