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David M. Rich
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David Rich’s Answers

658 total


  • Should revocable living trust be revoked in favor of will?

    I'm currently successor trustee of 95 y/o grandmother's (California) revocable living trust and executor of her will. She now lives in Broomfield, CO. All accounts have been designated POD to various family members, but one, which is designated ...

    David’s Answer

    You could just amend the trust to disinherit the person. It is not complicated to do so long as she has capacity to sign the amendment. There is no need to revoke the trust - you are just amending the beneficiaries. I hope this helps.

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  • I assigned a property to myself with a PR deed, is that allowed in Colorado?

    My mother passed away intestate, and I am the sole executor and heir for her estate. I performed informal probate on the estate. I assigned the condo she owned to myself with a PR deed in October of 2014, and the county clerk recorded it. I am now...

    David’s Answer

    That depends. Did you probate the estate. You need to probate the estate in order to have the authority to transfer a decedent's real estate. If that was done correctly, there is no reason you could not have transferred the property to yourself, but I would assume there was some issue (though title companies make mistakes). I would need to see the PR deed and get an answer to this question to advise you more how to address the issue. I hope this helps.

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  • How do I become my deceased mother's Legal Representative? She died in 1982.

    In 2013, I filled a claim with the USDA on behalf of my deceased mother. The USDA has approved the claim but will only send the award to her Legal Representative.

    David’s Answer

    It sounds like you are going to need to open probate and be appointed her personal representative in order to receive the check on her behalf. We do that sort of work on a flat fee basis for folks all over Colorado. It will not be expensive since she died so long ago and you don't need to worry about creditor claims. It will require some hoop jumping though. I hope this helps.

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  • Where to file appointment of personal representative application

    My father passed last week. we have a last will and testament, we need to file the application for informal probate of will and informal appointment of personal representative. there is no property, life insurance of value above 50,000. Question i...

    David’s Answer

    You file the will in the county in which he resided. if the life insurance names beneficiaries other than the estate, you may not need to probate the will if there is no property, and if the life insurance is close to $50,000 and goes in the estate, you still may qualify to do a small estate affidavit and deal with the estate that way (unless the insurance company insists you open probate). You should invest in paying an attorney for 1 hour or his/her time to determine your next steps before you spend a lot of time and money opening and administering an estate. I hope this helps.

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  • Do I need a real estate attorney?

    My mother passed away, and prior to her death I was her POA. What legal steps do I need to take to handle her estate? My mother left no will or estate and my sibling has moved into the home (that was in foreclosure) and has rented rooms. I also n...

    David’s Answer

    You need to open an estate to transfer the house. A letter notarized after death would not be a valid will, but you will want an attorney to review that ASAP. The life insurance will depend on who the beneficiary was. You definitely will want to consult with a probate lawyer to discuss your options. You may be able to be reimbursed for these costs from the estate. On the other hand, if the house was in foreclosure, you might be best off not opening an estate and letting the creditors of the estate do so and/or take the house if it was underwater. I hope this helps.

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  • My wife committed adultery 15years ago an I left Texas for Colorado. Do I still have to get a divorce.

    ....or has my marriage been legally dissolved?

    David’s Answer

    You need to get a divorce if you want to end the marriage.

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  • I have a will and trust what is best way to protect personal assets. If personal assets are funded in trust can Medicaid if need

    How to I protect assets if given to heirs

    David’s Answer

    To truly protect assets, you need to use some form of an irrevocable trust. Medicaid, however, has a 5 year lookback for asset transfers, so even an irrevocable trust may not always work, though there are many exceptions to this, such as transfers to a spouse, exceptions for a residence, etc. This is a complicated area of planning and has a lot of risks you need to consider and you should consult an estate planning or elder law specialist before taking any action. I hope this helps.

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  • My Initial Status Conference is scheduled for 45 days out and not 42. Is it 42 business days or days?

    Want to know if I can request the case to be dismissed in the event the Initial Status Conference is actually supposed to be within 42 days. It is within limit for business days.

    David’s Answer

    It days, including weekend and holidays for counting all court days in Colorado.

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  • How do I end a power of attorney agreement in Colorado?

    I signed a power of attorney agreement with my sister 6 months ago,I want to end it,she doesn"t. What options do I have?

    David’s Answer

    You have the power to revoke a power of attorney at any time. Send her a letter telling her you are revoking her appointment as your agent under power of authority and terminating her authority. I hope this helps.

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  • Can a Colorado attorney handle a probate problem in tundefined/free-legal-advice/can a colorado lawyer handle a probate in texas

    I am having a problem with a probate in Texas but I live in Colorado, can an attorney in Colorado handle this or do I have to have a texas lawyer? My brother is the executor of our Mom's estate and my Sister is the executor of my Fathers estate an...

    David’s Answer

    You need a Texas-licensed lawyer for Texas probate.

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