Tamra K. Waltemath – Legal

Senior Scams

~ By Tamra K Waltemath ~ I have had clients bring in letters from companies that offer to sell them a copy of the deed for their home for $89.00. These letters look very official. Multiple businesses send these letters, including Property Transfer Services, Record Transfer Services, Conveyance Transfer Services, Record Retrieval Department, and National Deed […]

For Sale By Owner

The real estate market in Colorado is robust! My office can help you to sell your house, if you have a buyer. I can prepare and review all of the paperwork which is necessary to pass clear title to the buyer. I can save you a lot of money on real estate commissions if you […]

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 […]

Make Your Wishes Clear While You Are Well

~ By Tamra K Waltemath ~ Merry Christmas and Happy Holidays. To all of you who have read my articles, I hope my articles have given you food for thought. To all of you who have become my clients, thank you for your support. I appreciate your business and the opportunity to be of service […]

Top 10 Facts About Powers of Attorney

~ By Tamra K. Waltemath, P.C. ~ 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 […]

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 ~ 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 which the nursing […]

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 […]

What to do when someone dies

~ Tamra K Waltemath ~ It would be nice to have an instruction booklet to list all of the things we need to do when a loved one dies.  I could not possibly relate everything you may need to know or everything you may need to do in the first few days following a death, […]

Duties of a Personal Representative

~ By Tamra K Waltemath ~ A personal representative is the person who is responsible for administering an estate after the death of someone.  Every last will and testament (“Will”) should name a personal representative, sometimes called an executor.  If someone dies without a Will, the court will appoint a personal representative.  The purpose of […]

Rights of a Surviving Spouse

~ By Tamra K Waltemath, P.C. ~ When a married person dies, his or her spouse has many rights pursuant to Colorado law, even if the spouse left no will. These rights include the right to be named as personal representative, certain monetary allowances, the right to certain property and a share of your spouse’s […]