Tamra K. Waltemath – Legal

Early Alzheimer’s Clues

Changes in behavior or personality may be the first signs of dementia or Alzheimer’s. Memory loss is not the only sign of dementia; losing interest in your favorite activities or getting unusually anxious, aggressive or suspicious may also be symptoms.

Estate Planning And Our Pets

We all love our pets and want to ensure that they are taken care of after we die.  There are several options for pet owners in Colorado.  The most elaborate option is to establish a pet trust.  To create a pet trust you must set aside a certain amount of money to be used to […]

Elder Mediation Resolves Family Conflicts

“My daughter is insisting I move in with her,” complains Martha. “She just wants to control my life and take away my freedom,” she continues. Jenny, Martha’s daughter worries that her mother keeps falling, and fears one day she will break her hip or hit her head.

Beneficiary Deeds

A beneficiary deed is used to transfer real estate upon your death, without the necessity of  probate.  The Colorado legislature passed the law authorizing the use of beneficiary deeds on May 12, 2004 and the law took effect on August 4, 2004. This law was enacted so that people who have a small estate that […]

Senior Scams

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 Service.  I have found that […]

Advance Medical Directives

By Tamra K. Waltemath, P.C.  ~ 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 […]

Probate Law In Colorado

HAPPY NEW YEAR! I hope you all had a wonderful Christmas holiday. I want to thank you for your continued support, especially the last two years during the pandemic.  I hope you and your families are well and have had no health emergencies. Many people have died in the last two years, over 800,000 in […]

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 […]

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 […]


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