Douglas A. Turner, P.C.

Anna Nicole Smith’s will also contains something called a no contest clause. In article VI, Anna Nicole Smith disinherits any heir that disputes the terms of the will in any way, shape or form. It is a very broad clause. It is another “standard” clause found in many wills. It is a clause we do not include without giving it serious thought. The reason why can be seen in the Anna Nicole Smith saga.

For those of you who have been on a desert island for the last few weeks, the lovely Anna Nicole Smith has passed before her time in a Florida hotel room, as a resident of the Bahamas with a will drafted in California and a lawyer as her boyfriend and confidant. The will executed in 2001 specifically provides for her son who committed suicide. The will makes no mention of her daughter who was born after the will was executed. The multimillion-dollar question is whether Anna Nicole Smith intentionally did not provide for that daughter. No law school professor could have conjured up a better essay question for a final exam in estate planning 101.

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 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.

Have a dispute with your beloved homeowner association? Thinking about withholding your dues or assessments in protest? Well, be careful. You may lose your real property in the process.

When it comes to horses and owner liability, two recent Colorado court cases underscore just how limited the exemption from civil liability is and the importance of liability waivers for anybody who owns a horse. A well-written liability waiver is a must for anybody who qualifies as an equine professional. And, surprise, you may be just that – an equine professional.

Most people who ride or own horses are aware of the Colorado law limiting civil liability for injuries caused by participating in equine activities. That statute is 13-21-119, C.R.S. In a very broad summary, those that ride horses assume the risk of injury and cannot recover from others when injured.

Avoiding ancillary probate is easy. By putting real estate into something called a nominee trust or living trust, ancillary probate proceedings and the associated expense can be avoided. As an alternative to a living trust, a limited liability company can be created, the real estate transferred to the company and then ownership in the company can be transferred to the heirs through the primary probate proceeding…

With the current federal estate tax exemption at two million dollars, fewer individuals are faced with federal estate taxes. However, for those with more than two million dollars in assets and life insurance, there are some simple and inexpensive techniques to greatly reduce if not eliminate any potential federal estate taxes.

Well, times have changed since I first wrote about the disposition of dead bodies. It used to be that an individual could not control what happened to his or her body after death. Well, that has changed.
Colorado’s Disposition of Last Remains Act
Several years ago, Colorado enacted the Disposition of Last Remains Act. In Colorado, [...]

Many tax planning wills and trusts have a little secret hidden deep down inside – the up front expense of long-term estate tax planning. There is a cost to a will or revocable trust that creates irrevocable, tax planning trusts at death. A person should always review that plan and ask himself or [...]