Legal

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, […]

Colorado End Of Life Options Act

~ By Tamra K. Waltemath, P.C. ~ 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 […]

Choosing a Trustee or Personal Representative at Your Death

~ By Carol Johnson, JD ~ Do you have a trusted family member or friend who will act as your Personal Representative or Trustee at your death? If you do, you are lucky, because many people struggle with this decision because the trusted friend has predeceased or there is family discord as a result of […]

Estate Planning for the Beginner

~ By Tamra K. Waltemath, P.C. ~ What is estate planning? Estate planning is a process in which an attorney helps a client to make a written plan to pass on their assets at their death by taking into account the laws of wills, taxes, insurance, property and trusts to maximize the benefit of all […]

Dying Without a Will

~By Tamra K. Waltemath, P.C. ~ If someone dies without a will, his or her assets pass 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 in Colorado, […]

Compensating Family for Caregiving

~ By Tamra K. Waltemath, P.C. ~ 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 […]

Document Retention

~ By Tamra K. Waltemath ~ Maybe you have made a New Year resolution to get organized or get rid of some clutter.  As an attorney, I create a lot of paperwork and I review a lot of paperwork.  Clients often ask me how long to keep certain documents and how often they should review others. […]

Living Will

~ 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 his or her written decisions as to the acceptance or rejection of life-sustaining procedures if at some future time, he or […]