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. If real estate was owned by the decedent, and it is not located in the state where the decedent was domiciled […]

~ By Tamra K. Waltemath ~ Maybe you have decided that this is the year you are going 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 […]

The Living Will 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 terminal condition or is in a persistent […]

The person signing the power of attorney which gives someone else the authority to act for them is called the “principal” and the person who is given the power to act for you is called your “agent.” The agents authority pursuant to a powers of attorney ceases at the death of the principal. Powers of […]

In many cases where a Will is contested, the claim of “undue influence” is presented as grounds 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 of such Will was actively involved in […]

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, and you record that deed or deliver it to the grantee on the deed, you are giving away an interest […]

I would like to thank all of you who have retained my services this year, or who have recommended me to another.  I appreciate your business.  This was a difficult year for all of us.  If you have lost a loved one to COVID-19, my heart goes out to you.  I have had many clients […]

Medicaid is a federal medical assistance program for low-income people, which is administered by the state.   In Colorado, Health First Colorado administers our Medicaid Program.  Health First Colorado is funded jointly by a federal-state partnership and is administered by the Department of Health Care Policy and Financing.  Medicaid is public health insurance for those […]

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 during an estate planning consultation.   […]

Colorado voters approved the End-of-Life Options Act which is also referred to as the medical aid-in-dying law in 2016.  This law enables your doctor to prescribe medication for you to bring about your own death.  To exercise this option, you must submit a written request to your doctor and you must: 1) be terminally ill […]

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, but let this list serve […]

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 of the estate, certain monetary allowances, the right to certain property and a share of […]