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R Eric Solem
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R Solem’s Answers

6 total

  • Upon death does an irrevocable trust and estate remain separate?

    My father passed away. He had an irrevocable trust (trust fund baby) in California with my aunt as trustee. Myself and three sisters are the designated beneficiaries of the trust. He has a will here in Colorado that does not mention the trust, wit...

    R’s Answer

    A trust and a probate estate are two different things. You need to hire a probate and/or trust lawyer to review the facts and circumstances of this case.

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  • Can I name anyone to be in charge if I should become incapacitated, or should I need life saving measures.

    I would like to have my partner be in charge, but she thinks I have to name siblings or other family members.; There are no children to name, and I want her to do it as she knows my wishes about death and burial etc.

    R’s Answer

    You have a right under Colorado law to name anyone over the age of 21 to handle your affairs should you become incapacitated. In the event of your death you have the same right to name whomever you choose to make decisions regarding your burial and estate. you should consider doing a will and/or leaving behind burial instructions and doing powers of attorney while you are competent to do so.

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  • 64 on medicare disability and medicaid only . what happen at 65 and switch to retirement and how?

    CAN i choose 67 or 70 and how.

    R’s Answer

    Since you are already on SSDI prior to age 65 you will convert automatically to retirement at age 66 and nothing needs to be done. You cannot get increased benefits at a later age because you are already receiving benefits. on your account You do not need to hire a lawyer but you may need to discuss your particular situation over with Social Security who can review your file and answer your questions more specifically based on their records. .

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  • Are we common law married?

    My Girlfriend moved to my house in may 2012 and than she left me for a about a month from August 2012 to September 2012. Than she lived with me for from September 2012 until August 2013. I provided her a health insurance from october 2012 till ...

    R’s Answer

    Colorado recognizes common law marriage but the parties have to intend to be married and hold themselves out to the community as being married. Domestic partnership is not the same as marriage.

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  • My sister is POA of my father who has alzheimers , but still has his mind most of time. Can we get the POA changed if he agrees?

    My father is in rehab for his health. My sister is lying to us about his health and changed locks on his house, took his vehicle to use and says she is the only one who can take him out for visits..My brother and I talked to the nurse in charge to...

    R’s Answer

    This question raises issues of capacity to alter a previously executed legal document. Important information to have would be current level of cognitive function (which is a medical determination) reasons for the change(which involves clients ability to express why the change is contemplated ). and a review of the POA itself and the sister's actions with respect to that power of attorney. After such an inquiry an attorney will be in a much better position to assist the client in making the change if the attorney is satisfied that a change can legally be made/

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  • My brother has power of attorney over my mother's estate. He recently took a personal loan from the estate.

    Is this legal? What can I do to prevent this happening in the future? It has happened more than once.

    R’s Answer

    An agent under a power of attorney is a fiduciary which means the agent is held to a high standard of care to act according to the principal's instructions and in the best interest of the principal. Your factual representation does raise a red flag of concern. An attorney, however, would need to review the exact language contained in the power of attorney in order to give you legal advice. .

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