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Category: Elder Law

The Risks of Letting Courts Close Inactive Estates

The Risks of Letting Courts Close Inactive Estates

Colo. Rev. Stat. § 15-12-1009 allows for the closure of estates that have been inactive for three years or more without further accounting. Although this may seem like a convenient way to close an estate, since it requires no action from the personal representative or an attorney, it can lead to significant issues. To illustrate, here’s a closer look at this statute, especially section (3), and its potential pitfalls. Overview of the Statute Colo. Rev. Stat. § 15-12-1009 permits courts…

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A Contract to Will Might Not Be the Ideal Estate Planning Document

A Contract to Will Might Not Be the Ideal Estate Planning Document

Estate planning is an important step in securing the future of your assets, and your wishes upon your passing. Among the various tools available for estate planning, the “contract to will” approach is sometimes considered. Therefore, understanding its implications, including statutes such as C.R.S.§ 15-11-514, sheds light on why this method is not always the most desirable. Understanding the Approach A contract to will, often termed a “mutual will,” is an agreement between individuals. These individuals are commonly spouses, and…

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What to Do If Bank Denies Power of Attorney

What to Do If Bank Denies Power of Attorney

Estate planning is a fundamental aspect of securing your legacy. It ensures the management of your assets according to your wishes. Part of this planning often includes appointing a trusted individual as your agent through a General Durable Power of Attorney (POA). This legal document grants your chosen representative the authority to manage your financial affairs. This includes dealing with banks on your behalf. There may come a time, however when your bank refuses your POA, leaving you and your…

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Generational Wealth in Colorado: Why You Need a Will

Generational Wealth in Colorado: Why You Need a Will

Estate planning is essential for preserving generational wealth. And, the absence of a will can have dire consequences. When someone dies without a valid will, the fate of their assets is left in the hands of Colorado laws. On the other hand, proper estate planning allows Colorado residents to protect their assets while ensuring a smooth transfer of wealth from one generation to the next. Below are some of the reasons dying intestate can lead to the erosion and destruction…

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Financial Power of Attorney: Specific Powers Demystified

Financial Power of Attorney: Specific Powers Demystified

A Colorado Financial Power of Attorney is a legal document. It grants authority to an agent or attorney-in-fact to handle your financial affairs in situations where you are unable to do so yourself. This document grants both general powers and specific powers to the agent. It allows the agent to act on your behalf in a wide range of financial situations. The agent’s general powers encompass broad areas such as real property, stocks, and bonds. On the other hand, the…

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