Adults in Colorado have the legal right to consent to or refuse medical treatment under the Patient Self-Determination Act of 1990. You may make your wishes regarding medical treatment known by utilizing advance medical directives. Advance medical directives include a Declaration as to Medical or Surgical Treatment (often referred to as a Living Will), Medical […]

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 […]

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 […]

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 […]

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 […]

~ 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 […]

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 […]

~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 […]

~ 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 […]

~ 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 […]

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 […]