In this article, you can discover… The difference between legal separation and divorce. When would you choose legal separation instead of divorce. How reconciliation comes into play during a legal separation. What Is The Legal Difference Between Separation And Divorce Under Colorado Family Law? The primary difference lies in the status of the marriage itself. In a legal separation, the marriage remains intact; the couple is still legally married even after dividing assets and resolving related matters. Divorce, on the other hand, fully terminates the marriage. While the processes may be similar in terms of asset division and other issues,…Read More
In this article, you can discover… How creditor claims might extend a probate timeline. Common executor mistakes that might extend the probate timeline. How family disputes can extend probate, and how an attorney can help mitigate these factors. How Do Creditor Claims Extend The Probate Timeline? If creditor claims are handled correctly, creditor claims should not extend the probate timeline. Once the notice to creditors is filed, claims are cut off after four months, which is not a long period of time in terms of administering an estate. However, if you do not file the notice, creditors have one year…Read More
In this article, you can discover… If handwritten (holographic) wills are legally valid in Colorado. The legal risks of relying on handwritten wills. Common mistakes people make when writing their own wills. What Makes A Handwritten (Holographic) Will Legally Valid In Colorado Probate Court? Colorado does recognize handwritten, or “holographic” wills, but they must meet specific requirements to be valid. Generally, the will must be in writing, signed by the person creating it, and witnessed by two individuals who also sign the document. The other way to prove validity is if the entire document is in the decedent’s handwriting and…Read More
In this article, you can discover… What undue influence means for probate in Colorado. Who is legally allowed to file an undue influence claim. The role of psychological or medical evaluations in proving undue influence. What Does “Undue Influence” Mean Under Colorado Probate And Estate Law? Undue Influence is a legal concept that’s determined based on the specific facts of each unique case. At its core, undue influence refers to a situation where someone pressures or manipulates the testator, or the person creating the will, into making a decision (or multiple decisions) that doesn’t reflect their true intentions. In this…Read More
In this article, you can discover… When a formal probate hearing is required in Colorado. How families can best prepare for a probate hearing. The legal process that comes immediately after a formal probate hearing. What Is A Formal Hearing, And When Is It Required? Formal probate is usually chosen if you know that there are going to be major disputes up front. For example, if you believe that a will is going to be contested, that a disinherited party is going to argue that they were meant to be included in a will, or other serious matters that will…Read More
In this article, you can discover… The role of a personal representative in Colorado probate court. What happens when a personal representative fails at their responsibilities. How an experienced estate planning attorney can guide you as a personal representative. How Is A Personal Representative Appointed In Colorado Probate Court? This depends on whether or not there is a will. If your loved one has a will, a personal representative is named in the will, along with an alternative representative if the first person can not fulfill that role. If there is no will and your loved one’s estate is intestate,…Read More
In this article, you can discover… Whether Colorado law allows you to disinherit someone. What happens if a will does not mention a child. The rights that disinherited heirs have to challenge a will. Is It Legal To Disinherit A Family Member In Colorado Estate Planning? Yes, you can legally disinherit a family member in Colorado. However, you must be very clear in your wording so there is no confusion as to your intent to disinherit. The exception to this is a spouse. While you can disinherit a spouse in your will, they have the legal right to elect against…Read More
In this article, you’ll discover: How failing to understand probate laws will hurt your case How improper valuation of assets causes problems in probate The importance of proper communication between a personal representative and heirs in the probate process What Is The Simplest Way To Understand The Term “Probate”? The best way to explain probate is: "You have a relative who passed away, and you need to know how to transfer your relative’s assets to their heirs.” Probate has its own set of specific laws and requirements, and understanding them is key to a smooth and successful process. How Can…Read More
In this article, you’ll discover: How to identify creditors and debt owed by the deceased The consequences of ignoring creditor claims during probate Whether beneficiaries are responsible for the estate’s debt How Do I Identify All Creditors And Debts Owed By The Deceased In Colorado? Fortunately, you don't have to. Filing the general notice to creditors will alert all creditors to the decedent’s passing. If you file the notice at the beginning of the case, creditors have four months to claim against the estate. There will be some creditors that don't claim debts. Suppose you have a credit card, and…Read More
In this article, you’ll discover: The duties of a personal representative in Colorado probate cases How to challenge a personal representative if you believe they’ve mismanaged the estate Evidence required to prove personal representative misconduct What Are The Legal Duties Of An Executor In Colorado Probate Cases? In Colorado, the executor is called a personal representative. The court appoints a personal representative, and there is a priority for whoever is named in the will. The statute lists which family members have the highest priority if there's no will. Suppose the person of highest priority is your mother, but she doesn't…Read More
