According to a recent CNBC report, estate taxes are surprisingly not the biggest threat to estate plans – families are. The reasons for this follow familiar patterns of human conflict: miscommunication, unrealistic expectations and a history of family drama. Even so,...
Probate Litigation
The 4 main steps of Colorado probate
This process is one that few people think about until they have to figure out how to deal with the estate of a loved one. For many this first-time involvement with the probate system illustrates the mess that can be left behind without proper planning.Probate is the...
Fiduciary wrongdoing: What are the legal remedies?
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...
Harper Lee estate unhappy with characters in Broadway adaption
Artistic license, the scope of contract provisions and how Calpurnia would have acted are all involved in the dispute. If the parties cannot resolve their disagreements, it could delay the stage opening of "To Kill a Mockingbird." While she was still living, Harper...
Can spousal support survive after the payor dies?
This question involves two separate legal practice areas: family law and probate law. In September, the Colorado Court of Appeals ruled that in most situations spousal support/maintenance payments end when the obligor (spouse ordered to pay it) dies.In cases where the...
Personal property: Oversight can lead to conflict
What do a collection of Christmas ornaments, hand-written recipe cards, a set of Flow Blue china, a grandfather clock or a piece of costume jewelry have in common? They may carry sentimental value. Many couples overlook these items during the estate planning...
Who pays attorney fees in probate litigation?
The general rule is that each party pays their own attorney fees. There are, however, exceptions.Most notably, if the judge rules in your favor you might be able to ask that the other person pay your legal fees and other litigation costs. There is a caveat; you need...
Colorado probate: What about the debts of the deceased?
Wrapping up someone's affairs after he or she has died is a complicated responsibility that falls to the person who is appointed by the court to be personal representative of the estate. One of the main duties of the personal representative in most situations is to...
When does a personal representative face potential liability?
Serving as the executor of an estate is a privilege often extended to a trusted friend or relative. But the privilege comes with considerable responsibility and involves numerous tasks that can go awry.When can an executor (called personal representative in Colorado)...
Unequal bequests to siblings may spur will contest
Here at & , LLC, we help clients at every stage of the estate planning and probate process. For example, we help them write wills and trusts to determine who will receive their property. We also assist...