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,...
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Executors
What’s the difference between an executor and an administrator?
In the complex world of estate administration, two terms that often arise are “executor” and “administrator.” These individuals play crucial roles in managing the affairs of someone who has passed away. While these two individuals share some similarities, 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...
Can a guardian receive compensation for their work?
Serving as legal guardian of another adult is sometimes necessary to ensure their safety and well-being. It is also a big responsibility, one that requires time, patience and a good heart. This commitment may pull you away from your normal life, including potentially...
I’ve been named a personal representative – what should I know?
Every estate needs a personal representative (also known as an executor). This personal representative might be named in someone’s last will and testament, potentially with a conversation beforehand. In other cases, a court might appoint a personal...
Addressing breach of fiduciary concerns
A professional may pad billing statements claiming extra hours managing a trust for a disabled client. A son or daughter might claim he or she was just borrowing from mom’s account to explain missing money. What can be done to identify these issues, stop the damage...
Burial preferences: How to communicate them
Have a family burial plot and casket burial become a thing of the past? Not yet, but more are looking for other options. For instance, 80 percent of boomers are opting for cremation. Many are leaving more preferences for their memorial service and final resting place...