Legal

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 […]

Rocky Mountain Elder Law makes a move to Lakewood, Colorado

By Kate Silburn ~ As an elder law attorney, my mission is to give my clients and their families peace of mind by creating and preserving their legacy. I see myself as an advocate for my clients; I’m there to serve them with compassion and integrity. I’ve been working on elder law cases for over […]

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 laws […]

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

Compensating Family For Caregiving

There is a growing trend toward moving parents to the home of a child and out of nursing homes.  One impetus for this change is the high cost of institutional care, another is the isolation many felt during COVID when our facilities did not allow family members to visit.  There has also been a change […]

Document Retention

~ 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 […]

Living Wills

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 […]

Top Ten Facts About Powers Of Attorney

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 […]

Undue Influence

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 […]

Deeds And Probate Avoidance

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 […]

Thank You, Thank You, Thank You

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 and Estate Recovery

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 […]

A Colorado Revocable Living Trust Makes Good Sense

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 End-Of-Life Options Act

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 […]

Estate Planning During a Pandemic: Steps to Take

By Jeremy Laufer ~ The coronavirus pandemic has certainly caused havoc and concern for many people, particularly in regard to their health and their finances – and these two areas intersect in estate planning. So, if you haven’t drawn up your estate plans yet, or you think they may need to be revised, now may […]


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