Legal

Probate Law In Colorado

Many people believe that if they have a Last Will and Testament (“Will”) they do not have to go through probate; this is not true. In Colorado, if a person owns personal property exceeding $66,000.00 or they own an interest in real estate (your home) they must go through probate whether or not they have […]

Protecting the Client

By Tamra K. Waltemath, P.C. ~ “Can I get a power of attorney for my parent?” People call my office and ask this question quite often, so my assistant asked me to write an article about the issues involved in answering this question. We don’t know if your parent wants to appoint you to act […]

Dying Without a Will

By Tamra K. Waltemath, P.C. ~ If someone dies without a Will, his or her assets will be devised pursuant to the laws of the state in which the decedent was domiciled at death. Real estate is governed by the laws of the state in which it is located. So, if you die without a Will […]

Compensating Family for Caregiving

There is a growing trend toward keeping our elderly at home and moving them out of nursing homes. One impetus for this change is the high cost of institutional care. Another reason for the change is a change in philosophy; we are beginning to recognize that our elderly have a better quality of life if […]

Living Wills

~ By Tamra K. Waltemath, P.C. ~ The Living Will form is also referred to as the Advance Directive for Medical/Surgical Treatment. This advance directive allows adults who have decisional capacity to set forth their written decisions as to the acceptance or rejection of life-sustaining procedures if at some future time, he or she has a […]

Top Ten Facts About Powers of Attorney

The person signing the power of attorney giving someone else the authority to act for them is called the “principal” (sometimes referred to as you) and the person who is given the power to act for you is called your “agent.” Powers of attorney are not legally effective after your death. Powers of attorney should […]

Deeds and Probate Avoidance

~By Tamra K. Waltemath, P.C.~   I have had many clients ask me if they should put their children on the deed to their home.  This is not a good idea.  You must understand that if you sign a Quitclaim Deed which names your child as a grantee, and you record that deed or deliver it […]

Undue Influence

~ By Tamra K Waltemath, P.C. ~ In many cases where a Will is contested, the claim of “undue influence” is presented as a cause for asking the Court to invalidate a Last Will and Testament (“Will”). Undue Influence has been proved where at the time of preparation or execution of the Will, a beneficiary […]

Medicaid and Estate Recovery

~ By Tamra K. Waltemath, P.C. ~   Medicaid is a federal medical assistance program for low-income persons who are elderly, blind or disabled, which is administered by the state.   To qualify for Medicaid, an application must be made with your County Department of Human Services.  Nursing home residents apply in the county in […]

A Colorado Revocable Living Trust Makes Good Sense

~ By Tamra K Waltemath ~ In general, there are two primary documents used to transfer your assets at your death, Wills and Trusts. Colorado estate planners differ in opinion as to which document is preferable. I believe there are advantages and disadvantages to both documents so I discuss how each would affect the client […]

Duties of a Personal Representative

A personal representative is the person who is responsible for settling an estate after the death of someone. Every last Will and Testament (“Will”) should name a personal representative or executor. A person is not responsible as a personal representative until they are appointed by a Court. A court appointment may be unnecessary if assets […]

Plan for Tomorrow

We must not only plan for the distribution of our assets in the case of death but plan for our own disability. Even if we avoid a serious illness or accident early in life, age will catch up to us eventually. Step one in making that plan is deciding who will speak for you. There […]

Hazards of Living Trusts

Seniors are bombarded with advertisements on TV, in magazines, newspapers, and on the Internet promoting “living trusts” as a way to avoid probate. These advertisements often recite the supposed dangers, and expense of probating a will, and claim property can be passed at death through a trust without resource to the probate courts. Unfortunately, increasing […]

When you are the Personal Representative: What to do when someone dies

~ By Carol Johnson, JD ~ You have been acting as Financial Power of Attorney (POA) for your Aunt Mabel. She has died after an illness here in Colorado. As a result of her death, your POA is no longer effective. Aunt Mabel’s will also names you as Personal Representative. So what can and should […]

Colorado End of Life Options Act

~ By Tamra K Waltemath ~ Colorado voters approved the End of Life Options Act which is also referred to as the medical aid-in-dying law in 2016 which will become effective upon Proclamation of the Governor. This law enables your doctor to prescribe medication for you to bring about your own death. To exercise this option, […]