David M. Rich’s Answers

David M. Rich

Boulder Wills and Living Wills Lawyer.

Contributor Level 15
  1. Do I need a living will, or a will, or do i need to appoint a family member or friend for a power of attorney?

    Answered 9 months ago.

    1. Christopher Daniel Leroi
    2. David M. Rich
    3. Steven M Zelinger
    4. Kelly Scott Davis
    4 lawyer answers

    I agree with Mr. Leroi. The medical power of attorney and living will likely would be most important in your situation. I hope this helps.

    14 lawyers agreed with this answer

  2. When there are three heirs with one executor, can the two non executor heirs override the decision of the executor?

    Answered about 1 year ago.

    1. David M. Rich
    2. E Dwight Taylor
    3. John R Phillips
    4. Kelly Scott Davis
    5. Charles Adam Shultz
    6. ···
    6 lawyer answers

    The PR has a lot of discretion over property and you cannot override the PR's decision, but you could ask the court to do so when you believe that the PR is not acting in the best interest of all beneficiaries, which is his/her fiduciary duty. This is because the court has the ultimate authority over the estate. The PR's job it to efficiently administer the estate and dispose of and distribute the estate assets. While it would be reasonable to do some updates to a property in order to sell...

    13 lawyers agreed with this answer

  3. Elder Abuse: Manipulation for funds to pay back a loan that has already been partially paid back prior to death, what to do?

    Answered 11 months ago.

    1. David M. Rich
    2. Christopher Daniel Leroi
    3. Stephen Clark Harkess
    4. Lawrence A Friedman
    4 lawyer answers

    There is not a statute of limitations per se, but I'd want to see something in writing from her as to any claim of interest. I'd also argue that the $5k was a repayment and interest might be due on the balance. I think a court would likely find that 10% interest is too high without something in writing - the state rate over the last 20 years has been 7% to 8% and that is not being charged to a family member. I hope this helps.

    11 lawyers agreed with this answer

  4. I was given POA and granted a WILL that revoked an older WILL and POA. Do the newer documents actually revoke the prior ones?

    Answered 10 months ago.

    1. Jason P. Bailey
    2. Brian R Landy
    3. David M. Rich
    4. James A Littlepage
    4 lawyer answers

    I agree with my fellow attorneys. You need to "deposit" the original will with the clerk of the court in the county where he lived. You definitely can contest the wills and the personal representative designation. Since you are acting on behalf of the estate here, you would have a claim for reimbursement of your attorney fees and costs out of the estate. You also could be looking at a will contest over the beneficiary designation given the facts here - so a lawyer likely will be very...

    10 lawyers agreed with this answer

  5. Does a -life insurance- plolicy (NOT mentioned in the 'Will'.) automatically belong to the P.R.? or evenly distributed?

    Answered about 1 year ago.

    1. David M. Rich
    2. Celia R Reed
    3. Christian K. Lassen II
    4. James P. Frederick
    4 lawyer answers

    This needs to go in the Michigan section. In colorado, if an insurance policy names beneficiaries, it goes to the beneficiaries. If no beneficiaries are named, it goes into the estate and is distributed by the pr. Nothing "belongs" to the pr - the pr has the duty to distribute the estate according to the will or by state intestacy law if there was no will. I hope this helps.

    10 lawyers agreed with this answer

  6. Are Arizona wills accepted In Colorado?

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. David M. Rich
    3. Charles Adam Shultz
    4. Richard Waldron Bryans Jr.
    4 lawyer answers

    I agree with Mr. Leroi. It might be useful to do Colorado powers of attorney and a living will just to be certain. The one issue I'd raise would be that if she if living in Colorado and owns property in Arizona (or another state), she should consider setting up a trust for that, as if she did own property in Arizona, she would have to go through probate here and then do an ancillary probate in Arizona as well to deal with the Arizona property, unless it's in a trust (or an LLC, etc.). It...

    10 lawyers agreed with this answer

  7. My dad's will gives percentages attached to names on the will. Can the percentages be changed? I, the executor says no. Right

    Answered over 1 year ago.

    1. David M. Rich
    2. Christopher Daniel Leroi
    3. Richard Waldron Bryans Jr.
    4. James P. Frederick
    5. Howard Robert Roitman
    5 lawyer answers

    Unless all of the beneficiaries consent, you need to follow what the will states. If you do not, and some beneficiaries disagree, you could be help personally liable as the personal representative. You should look into doing a formal closing if there are potential disputes like this, just to cut off your liability as soon as possible. Hope this helps.

    10 lawyers agreed with this answer

  8. How do i divorce a spouse who lives abroad and has no address

    Answered almost 2 years ago.

    1. David M. Rich
    2. Howard M Lewis
    3. Barry Franklin Poulson
    3 lawyer answers

    There is no such thing as abandonment in Colorado. In your case, you petition the court to "serve" the spouse by publication. I often take cases like this on a flat rate basis and the distance is not an issue because lawyers file everything electronically, if you want to discuss further. Hope this helps.

    10 lawyers agreed with this answer

  9. My brother was to receive a life insurance policy from my mom but he passed away.Does his policy go to the intestate estate?

    Answered about 1 year ago.

    1. David M. Rich
    2. Stephen Clark Harkess
    3. Celia R Reed
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Typically the insurance proceeds would go into the estate if there is no living named beneficiary and the estate should be divided by statute (usually equally between kids and deceased kids defendants). You can call me for a free initial consultation if you would like to discuss it further. I often take cases like this on a contingent fee basis if that helps. You should discuss an appeal ASAP as there are tight deadlines.

    Selected as best answer

  10. Best advice for making mediation more effective when you do not have an attorney and the other party does in family matters case

    Answered 9 months ago.

    1. David M. Rich
    2. Stephen Clark Harkess
    3. John Palmer Waters
    4. Robert E. Harris Jr.
    5. Karl J Geil
    5 lawyer answers

    Relocation cases are very complex and difficult (there are 21 factors the court looks into). However, you should have the upper hand being the one staying here (depending on the facts of course). Does he have more assets or income than you - if so, you could ask that he pay your attorney fees. Relocation cases are the most critical cases to have an attorney in, in my opinion, as they are the hardest. My best advice per your question, is keep in mind that you don't have to agree to anything at...

    9 lawyers agreed with this answer

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