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Often, siblings are in their 60s or 70s, but rivalries remain and may have only intensified over the years with career and financial success or lack thereof. From the time Mom or Dad needs more care, the disagreements can start. Comprehensive estate planning and...
When setting up a trust – whether a special-needs trust for a child or a testamentary trust – deciding on the right trustee is crucial. When your will leaves money or property to a trust, your estate personal representative will transfer those assets. But then, his or...
The Colorado Court of Appeals recently affirmed the probate court’s holding that the former conservator and brother of a woman with mental illness had breached his fiduciary duty and engaged in theft when he converted his sister’s assets to benefit himself and his...
Wrongdoing by trustees and personal representatives can take many forms. It could be outright theft from an estate or a long-term scheme to embezzle funds from a trust. The wrongdoing might be hard to uncover if it involves decisions that routinely favor one...
This is a continuation from our last post on whether a change of beneficiary designation was actually a mistake. In this post, we summarize the facts and discuss the duty of loyalty required in a fiduciary conservator relationship.The recent Colorado Court of Appeals...