Douglas A. Turner, P.C.

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.

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.

Today I am going to write about something mundane and boring – unless of course you find yourself in this situation. In that case, it could net you about $30,000.00+. The topic is the exempt property allowance and family allowance.
The Exempt Property Allowance and the Family Allowance
When a person dies and a probate proceeding is [...]