Trusts can be excellent tools, but they are only as good as the trustee someone chooses to administer them. A trustee has ultimate control over the assets in a trust and the access other people have to that property. Many people planning a trust spend a lot of time...
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Fiduciaries
What fiduciary duties does an estate’s personal representative have?
As you've browsed our website, you've likely uncovered how personal representatives of estates have various responsibilities that they must fulfill in their role. These include inventorying and safeguarding testators' assets, paying off their creditors, filing their...
Have you considered naming a professional as your trustee?
Adding a trust to your estate plan can protect your loved ones and give you more control over your legacy. Unfortunately, a trust is often only as good as the trustee you name. If you choose someone who turns out to be unethical and who has no qualms about stealing...
What is involved in executing an estate?
One of the most important things to consider when creating an estate plan is who to name as your estate executor. It is a big responsibility with potentially minimal reward. You could choose a family member or friend. Alternatively, you could opt for someone who does...
Is an executor stealing from an estate?
An estate executor has the important job of upholding the estate plan. It may be just a simple will, or it may be a complex plan with numerous assets. Either way, it is the executor’s job to adhere to the wishes expressed in those documents. For instance, the...
Behaviors that can land a personal representative in hot water
The responsibilities of the personal representative of an estate are not ones you should take lightly. The role requires a commitment to process and detail, and strict adherence to Colorado probate laws. What happens if you neglect these duties?You may find yourself...
Colorado lawmakers stress data privacy in new virtual notarization law
Since March, when Americans started taking safety precautions to prevent the spread of the coronavirus, many business and personal interactions have moved online to minimize face-to-face contact. Many states – including Colorado – reacted by issuing...
Creditors and paying bills: The role of a personal representative
The role of a personal representative is vital in the administration of an estate. This individual takes on a host of responsibilities, following the wishes of the decedent while navigating the legal system. It is an important job with many moving parts.A key piece of...
Now is a smart time to update your estate plan, part 2
It is never too early or too late in life to put your affairs in order. In part 1 of this series of posts, we talked about the importance of a financial power of attorney. Today, we consider advanced care planning (ACP).The Colorado Department of Public Health and...
It’s always a good time to get your estate planning documents in order, part 1
You are young and not worried about getting a serious illness. You are optimistic and not concerned about being in an accident. You are too busy with your job and young children to get your estate planning done. You figure Colorado law will direct distribution of your...