Probate & Trust Attorneys in Colorado: Probate Litigation & Trust Lawyer Services

FAQ

• What happens if someone dies without a will in Colorado?

  If you die without a will, or intestate, the administration of your estate typically requires oversight by the probate courts, which will designate beneficiaries and distribute your assets, pursuant to Colorado law. Colorado's intestacy laws assume that you would want your assets to pass first to your spouse and children. But, it can become complicated if you have a blended family, for example. Colorado law contains very specific terms to provide amounts to the surviving spouse or to children from a current or prior partner. If you do not have children or a surviving spouse, generally your assets would be inherited first by parents, if living, and then siblings and other relatives. The way to ensure that your desires are known and followed is by creating an estate plan-which may use wills, trusts, or both-with the help of an experienced attorney like Gabe McFarland. If you are a personal representative of someone who died without a will, you may find yourself facing a myriad of confusing financial and legal situations. Gabe has over 30 years of comprehensive legal experience that allows him to guide you through it, giving you peace of mind throughout the process and in years to come, knowing that it was settled properly.

• I've been named a personal representative...what does that mean?

  In Colorado, a personal representative, known in some states as an executor or administrator, is the individual chosen to administer the estate of a deceased person. If the deceased person, or decedent, had a will, they may have nominated a personal representative in the document. If the decedent died without a will, the process to be appointed as personal representative is governed by Colorado law. A personal representative carries out the wishes of the decedent regarding distribution of their assets and completes the administration of the estate, and assets are distributed either according to the terms of the will, or by Colorado law. A personal representative may be responsible for a wide range of tasks in a relatively short period of time. They can be faced with making funeral arrangements, securing death certificates, notifying heirs, gathering and transferring assets, and paying bills and taxes, among other duties. If you are a personal representative, working with an experienced probate attorney like Gabe McFarland can significantly lessen your load and alleviate the stress of the situation. Gabe uses a unique seven-step estate settlement program to make the administrative process as simple, painless, efficient, and cost-effective as possible. We are here to help.

• What are the responsibilites of a trustee?

  A trustee invokes great responsibility and importance. In addition to carrying out the instructions in the trust agreement, trustees are usually responsible for managing, preserving, and administering someone else's assets for the benefit of the named beneficiaries. Trust agreements generally provide the trustee with guidelines related to the scope and duration of their authority, how assets are to be managed and distributed, and when and how to work with the beneficiaries. While direction may be provided to the trustee, trust agreements can often be complicated and may even have ambiguous or conflicting terms. Under Colorado law, a trustee is deemed to be a fiduciary, and as such, held to a very high standard, so it is important to work with a skilled trust settlement attorney to help you through all the steps of the administration process.

• What if an estate settlement is contested or conflicts arise?

  Most estate/trust administrations are uncontested. And, we can and often do prevent legal complications by developing practical solutions to difficult problems. Some disagreements, however, cannot be resolved amicably. That is when Gabe's decades of litigation experience is invaluable.