When a court appoints a guardian or conservator, it expects that person to act in the best interests of the protected individual. Guardians manage personal and health care decisions, while conservators oversee financial matters. If either person fails to fulfill these...
Estate Administration & Probate
Do Coloradoans’ estates owe previously ordered restitution?
There’s a broad legal doctrine known called “abatement ab initio” (meaning “from the beginning”) that says if a person passes away while they’re appealing their conviction in a criminal case, that case and the conviction are essentially wiped away. The doctrine is...
What is fiduciary litigation?
Fiduciary litigation in Colorado can be a complex legal process, often arising when disputes emerge regarding the actions or decisions of someone entrusted with managing assets on behalf of others. Fiduciaries A fiduciary can include trustees, executors, guardians,...
Which debts are top priority during Colorado probate proceedings?
Probate proceedings in Colorado are mandatory in many cases. When someone dies with significant property or certain types of resources, such as real estate, their assets generally need to pass through probate court. Probate oversight helps ensure compliance with the...
What does probate involve if someone dies without a will?
The probate process in Colorado largely depends on the terms that someone includes in their will or other estate planning paperwork. Someone's testamentary documents can grant assets to specific beneficiaries and provide support for dependent family members, including...
How do you lower the cost of probating your estate?
When you’ve worked so hard your entire life, you want to leave as much inheritance as possible to the people you love and care about. And this underpins the essence of estate planning. However, the process of probating estate upon your demise can be quite costly. If...
3 types of records that personal representatives should maintain
In Colorado, a person who manages the probate process for someone else's estate is referred to as a personal representative of that estate. Other jurisdictions may refer to that person as an executor. The responsibilities are effectively the same regardless of one’s...
Personal assets can cause emotional probate fights
Successful adults often make their most financially valuable assets the main focus of the estate planning process. They may use investment accounts and real property to fund a trust. They may address their most valuable personal holdings by name in their wills. They...
2 tips for preparing your children for an inheritance
Estate planning is a crucial move in life for both younger and older adults. It is beneficial in different ways, from leaving inheritances for your loved ones to stating your medical wishes should you become incapacitated. However, the significance of your plan may...
Make sure you understand the true cost of contesting a will
If you feel cheated when the contents of someone’s will are revealed, your first instinct might be to contest it. If you wish to do so and are one of the people eligible to do so (typically beneficiaries or those who would benefit if there were no will), rather than...
