Probate & Trust Administration

WHAT HAPPENS AFTER I DIE?

Administration is the process of winding down a deceased person’s financial affairs and distributing the property pursuant to a will, trust, or intestacy statutes if the decedent did not leave a will.  Probate is when the administration is handled under a legal case which is subject to a Court’s jurisdiction.  In Trust administration, the Court is generally not involved.  When problems arise during administration the estate may become supervised and litigation may occur.

If you are appointed as the Personal Representative or Trustee, we can assist you in taking the necessary steps to manage the decedent’s financial affairs and distribute the property to the rightful heirs.  Our goal is to make the process as expedient and cost efficient as possible and to avoid problems that arise in Probate, such as a will contest or creditor’s claims.

WHAT IF I need to dispute a court action?

Sometimes a Will or Trust must be disputed because it was created under duress, undue influence, or fraud. A Personal Representative may fail to administer a decedent’s probate estate properly. You may find that a family member is seeking to place you or a loved one under a guardianship or conservatorship that is unnecessary.  An Agent under a Power of Attorney may be abusing his or her powers by taking advantage of the protected person or by failing to act when action is needed.    If you need assistance in any of the above matters, we can help you to right the wrong taking place.  

WHAT are my rights as a surviving spouse?

Colorado has taken steps to ensure that a decedent’s surviving spouse’s financial well-being is protected, even if the decedent leaves a will, by providing surviving spouses with certain statutory rights.  These rights can only be waived by a prenuptial agreement, marital agreement, or if they are not requested within 6 months from the date of death.

An elective share can provide the surviving spouse with a percentage of the property from the probate estate despite what the will dictates; this protects a spouse who was left out of a will and is particularly important in a second marriage situation where the decedent leaves all property to his children from the prior marriage.

A family allowance provides funds from the estate to the surviving spouse or surviving dependent children to support themselves while the estate is being administered.  The family allowance is in addition to any benefit under the will, and is given higher priority than payment to creditors.  This allowance can help protect the surviving spouse’s financial wellbeing especially if the decedent’s estate is inadequate to pay all creditors.

Lastly, the exempt personal property allowance entitles a surviving spouse to additional funds from the estate.  The exempt personal property allowance also takes priority over creditor claims, and is in addition to any benefit passing to the spouse under the will.