Our office routinely handles the same questions or misconceptions about the Colorado probate process. Twelve of the most common Colorado probate misconceptions are listed in this 12 part series…
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.
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.
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.
Many individuals avoid probate by using revocable trusts, payable on death designations and joint tenancy. When they die, their money quickly disappears leaving creditors with unpaid probate claims. However, there are ways to recover nonprobate assets from persons who receive those assets.
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.
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 […]
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 herself, is […]
A broken marriage is a marriage overflowing with broken promises and misunderstandings. The last promises are those made in the divorce decree. While those promises, like others, are usually broken or misunderstood, many disgruntled ex-spouses are going to court to enforce the promises, or the promises as they remember them. However, the court is not […]
As an estate planning lawyer in Colorado, I have the unique opportunity to see title problems caused by poorly drafted deeds. Here are just a few of the many deeds problems or “botches” we have seen over the years. The Joint Tenancy Botch In order to take title to real estate as joint tenants with […]