Video FAQs

Probate Law

• What is probate and estate Adminstration?
• What do testate and intestate mean?
• Do I need the original will? 
• Where do I find the original will?
• Can a will be changed or revoked after my death?
• Can the estate attorney also represent me as a beneficiary?
• Can there be more than one executor (personal representative)?
• Do I need an attorney to handle an estate?
• Do I need the original will?
• Do I need to insure estate assets?
• How do I marshal assets as executor (personal representative) or administrator of a will?
• How is an estate probated or administered?
• How long does the probate or administration of an estate take?
• I owed a debt to a friend who recently died. Do I still owe the money?
• If a person lives out of the area, can they still be named an executor (personal representative) of a will?
• If I am named as executor (personal representative) in a will, do I have to serve?
• If I need more letters testamentary, how do I get them?
• Is the executor (personal representative) or administrator of a will entitled to be paid?
• The decedent owed me money. How do I file a claim against the estate?
• What are letters of administration?
• What are letters testamentary?
• What are probate or estate assets?
• What are the duties of a executor (personal representative) or executrix?
• What authority do I have as executor (personal representative) or administrator to manage the estate's assets?
  What do testate and intestate mean?
• What happens if the executor (personal representative) of a will fails to perform his or her duty?
• What happens if we cannot find a will?
• What if someone objects to the will?
• What if there is no will?
  What is an executor (personal representative) or executrix?
• What is probate and estate administration?
• What qualities should I look for in an executor (personal representative)?
• What should I do if there is a will and there are not enough assets to cover the deceased's debts?
• What should I do to prepare for seeing an estate attorney?
  What types of property transfers by operation of law?
• When should an estate be probated or administered?
• Where can I find forms for probate/administration?
  Where do I find the original will?
• Where do I put the assets that I have collected as executor (personal representative) or administrator?
• Where is probate handled?
• Who are the parties involved in the probate or administration process?
• Who can help me administer an estate?
• Who decides whether the probate or administration petition will be approved?
  Who inherits my Individual Retirement Account (IRA) if I do not name a beneficiary?
• Who is responsible for handling an estate?
• Who pays for the debts of the deceased person?
• Who pays for the estate attorney?
• Why is it important to know the names and addresses of the family members and relatives of the decedent?

Elder Law

• What is an advance directive?
• Should I add my family member's name on my assets ...
• What is a power of attorney?
• Can I add my daughter's or son's name to my bank account instead of having a power of attorney?
  
• Can I have a durable power of attorney that becomes effective only in the future?
  
• Can I name more than one person as agent?
  
• Can I require my agent to provide me a monthly or annual account?
  
• Does the person over whom guardianship is sought have to know that a petition for guardianship was filed?
  
• How does a power of attorney terminate?
  
• How is a guardianship proceeding initiated?
  
• How long does guardianship last?
  
• If a guardianship is in place in a different state and the incapacitated person moves to Colorado, does a new guardianship have to be created?
  
• If my spouse and I own everything jointly, might a durable power of attorney still be useful?
  
• Must I give my agent full power over all of my property?
  
• Must the individual or individuals I appoint as an agent live in the same state?
  
• My father's agent under his power of attorney has cleared out his bank accounts. What can I do?
  
• Once I appoint a health care agent, can I change my mind?
  
• Should I add my family member's name on my assets and avoid a will?
  
• Should I have a power of attorney for healthcare?
  
• Under a power of attorney, can my agent make a gift on my behalf?
  
• What documents should I have in my estate plan that will help me plan for long term care?
  
• What happens if my agent does things that are wrong or not what I want?
  
• What if another person filed a guardianship proceeding seeking guardianship over a loved one and I disagree with having that person appointed?
  
• What if someone filed a petition to appoint a guardian for me and I do not want a guardian appointed?
  
• What is a guardianship?
  
• What is a health care proxy?
  
• What is a living will?
  
• What is a power of attorney?
  
• What is an advance directive?
  
• What is the difference between a guardian of the person and a guardian of the property?
  
• When is a guardianship necessary?
  
• Who can create a power of attorney?
  
• Will having a power of attorney and health care proxy in place prevent the need for a guardianship?
  
• Will my agent charge for services rendered?
  

Wills and Trusts Law

• Why should I have a will?
• Who can make a will?
• How much does a will cost?
• Are expert witnesses necessary in a will contest case?
• Can a living trust reduce estate taxes?
• Can a will contest case be appealed?
• Can I control how money is left to my children?
• Can I disinherit my spouse or my children?
• Can I make a conditional gift in my will?
• Can I make provision in my will for my pets?
• Can I place any limitations on how my property can be used after my death?
• Can I use my will to name a guardian to care for my young children and manage their property?
• Can my husband and I make a joint will?
• Do I need a will if I own almost nothing?
• Do I need an attorney to make my will?
• Do I share my husband's inheritance of his mom's house?
• Does a living trust protect property from creditors?
• How are adopted children treated in wills?
• How can a will be upheld in a will contest case?
• How can a will contest be defended?
• How can I leave specific items to particular people?
• How can undue influence be overcome?
• How do I choose an attorney in a will contest case?
• How do I prove that I have standing if I want to challenge a will?
• How is undue influence determined?
• How long do I have to file a will contest case in Colorado?
• How long does a will contest case take to resolve?
• How long is a will valid?
• How much can I expect to pay in attorney's fees in a will contest case?
• How much does a will cost?
• How much will it cost to challenge a will in Colorado?
• If a will is set aside or declared void in a will contest case, what happens next?
• If I am the holder of a power of attorney, can I also receive a gift from the person who named me their power of attorney?
• If I do not write a will, will my step-mother inherit some of my property?
• If I have several children, can I treat them differently in my will?
• If I successfully bring a will contest case, can I get the estate to pay my attorney's fees?
  Is a will contest case tried by a jury?
• Is lay witness testimony important in will contest cases?
• Is there a way to get around or avoid the no contest clause in a will?
• My husband died without a will. We have two children. Will I inherit everything?
• Should I put my funeral wishes in my will?
• Should I put my healthcare wishes in my will?
• What are the elements of proof in a will contest case?
• What are the signs of undue influence?
• What court would have jurisdiction of a will contest in Colorado?
• What does a will usually contain?
• What does the jury consider in a will contest case?
• What effect does a power of attorney have in a will contest case?
• What Effect Does a Subsequent Marriage, Divorce or Child Have on a Will?
• What happens if I die without a will?
• What happens in my will if my children are under age minors?
• What happens when a will contest case results in the will being declared invalid or void?
• What if I already have a will and now I want to make changes?
• What if I have more children after writing my will?
• What if I no longer own what I willed?
• What is a no contest clause?
• What is a revocable living trust?
• What is a trust?
• What is a will contest?
• What is a will?
• What is an A-B trust?
• What is an interrorum clause?
• What is an irrevocable trust?
• What is incapacity or a lack of capacity?
• What is standing in a will contest case?
• What is the burden of proof in a will contest case?
• What is the difference between a will and a trust?
• What is the statute of limitations in a will contest case in Colorado?
• What is undue influence?
• What kind of evidence is required in a will contest case?
• What must be shown in a will contest case in order to meet your burden of proof?
• What proof is required in order to successfully contest or challenge a will?
• What property does my will control?
• When should I make a will?
• Where does the money in an estate go if a will is declared invalid in a will contest case?
• Who are the parties to a will contest?
• Who can challenge a will in Colorado?
• Who can make a will?
• Who has the burden of proof in a will contest case?
• Who is responsible for the attorney's fees of the party defending a will contest case?
• Who is responsible for the attorney's fees of the party filing a will contest case?
• Who is the contestant in a will contest?
• Who is the decedent in a will contest case?
• Who is the proponent in a will contest?
• Who is the testator in a will contest case?
• Why is it important to plan for same sex partners and domestic partners?
• Why should I have a will?
  

Estate Planning Law

• Who needs estate planning?
• What does a proper estate plan include?
• When should an estate plan be reviewed?
• Are there other ways of leaving property to my beneficiaries other than through a will or a trust?
  Can a will or revocable living trust reduce estate taxes?
• Can I appoint the same person as executor (personal representative), trustee, and guardian?
• Can I give all of my property away before I die and avoid estate taxes?
  
• Can I leave directions about my final ceremonies and the disposition of my body in my will?
  
• Can I pre-plan and pre-pay for my funeral and burial expenses?
  
• Do I need to appoint the same person as my agent in my health care proxy and power of attorney?
  
• Does a will control all of my property?
  
• Does the way in which I hold title make a difference in my overall estate plan?
  
• How much does estate planning cost?
  
• I do not trust my child's spouse. How can I protect my child's inheritance?
  
• Must an executor (personal representative) hire an attorney?
  
• Should I consider a trust or some other type of special planning for my special needs child?
  
• Should I consider life insurance during the estate planning process?
  
• Should I consider long term care insurance during the estate planning process?
  
• What are trusts?
  
• What benefits does a trust offer?
  
• What details should I include in a final arrangements document?
  
• What does a proper estate plan include?
  
• What does joint tenancy with right of survivorship mean?
  
• What does tenants in common mean?
  
• What happens if I become unable to care for myself?
  
• What happens if I die without a will?
  
• What happens if I do not leave instructions about my final ceremonies and the disposition of my body?
  
• What is a durable power of attorney?
  
• What is a health care proxy?
  
• What is a living will?
  
• What is a revocable living trust?
  
• What is a trustee?
  
• What is a will?
  
• What is an A-B trust?
  
• What is an advance medical directive?
  
• What is estate planning?
  
• What is included in my estate for tax purposes?
  
• What should I do if I realize that my parents do not have an estate plan in place?
  
• When should an estate plan be reviewed?
  
• Who needs estate planning?
  
• Who should be my executor (personal representative) or trustee?
  
• Will my estate be subject to any taxes, and if so, what types of tax?