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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Trustees
The potential benefits of enlisting a professional trustee
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...
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...
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...
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...
Choosing the right trustee: 3 potential options
A trustee - the person whom you put in charge of a trust's assets - has what is called a fiduciary duty to the beneficiaries of the trust. They must be loyal and prudent, always act in good faith with the beneficiaries' best interests in mind and adhere to...
Attorney Marco Chayet serves as local public administrator
Colorado law establishes the court-appointed position of public administrator to act as a fiduciary in certain probate matters, usually when no one connected to the person or family involved is available or willing to serve. Attorney Marco Chayet has served as the...
Part 2: Considerations when nominating a trustee
In today’s post, we continue our discussion of the factors to consider when deciding whom to name as the trustee in a trust. In part 1, we talked about some of the reasons people ask relatives and friends to serve as trustees.Those reasons can include a...
Part 1: Should you choose a personal or professional trustee?
At our law firm, our work often involves trusts. We help people set up trusts during their lifetimes such as revocable living trusts and special-needs trusts. Some clients arrange for testamentary trusts that take effect at death through provisions in wills.Our...