Michael A Kirtland’s Answers

Michael A Kirtland

Colorado Springs Wills and Living Wills Lawyer.

Contributor Level 13
  1. Father had will, father died, mother made new will mother died which will is valid? Mother's will names new beneficiaries.

    Answered 8 months ago.

    1. Michael A Kirtland
    2. James A Littlepage
    3. Christopher Daniel Leroi
    3 lawyer answers

    What now? Now you have a mess. If the real property was in father's name, then as part of mother's probate you'll have to do a determination of heirs for father's assets. Mother's will is no longer valid as it was not probated for 18 years. You will not be able to do this matter without the assistance of an experience probate attorney.

    7 lawyers agreed with this answer

  2. Wills

    Answered over 1 year ago.

    1. Christine James
    2. Elanor Ruth Snyder
    3. Michael A Kirtland
    3 lawyer answers

    Yes, all states recognize a will drawn up in another state, so long as the will complied with the execution requirements in that state, when it was executed.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. How do I contest a will

    Answered about 1 year ago.

    1. Timothy Sloan
    2. Celia R Reed
    3. Brandon Mark Lewis
    4. David B. Carter Jr.
    5. Michael A Kirtland
    6. ···
    6 lawyer answers

    First, you are going to need an attorney. Contesting a will is not an easy process, whether you are claiming undue influence or lack of capacity. YOu would need to file an action in the probate case and there are strict time limitations on how long you have to do this. Don't wait. Contact an attorney now.

    7 lawyers agreed with this answer

  4. How can I get a mortgage investor company to release the money my parents left me in their will.

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Michael A Kirtland
    3. Eric Jerome Gold
    3 lawyer answers

    Unfortunately, you are an investor. While it seems that your parents left you "money", in fact they left you their investment account in the mortgage investment company. You'll need to see a probate attorney about this, and probably one who does probate litigation.

    7 lawyers agreed with this answer

  5. Father passed away, no will, lots of property, bank account. Does this have to be probated?

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Joseph Jonathan Brophy
    3. Michael A Kirtland
    4. Michael Charles Doland
    5. Eric Jerome Gold
    5 lawyer answers

    From what you have stated, "lots of property, bank account", it is almost certain the estate will have to be probated. If there is real property, it will certainly have to be probated. If there is no will the property will be probated under the laws of intestacy. Probate can occur in a number of places, depending on the specifics of the circumstances. It may be probated in the state where he died, in the state where he held legal residence if that is different from the state where he died,...

    7 lawyers agreed with this answer

  6. Does a durable power of attorney give a person the right to change an executor on someone's will?

    Answered about 1 year ago.

    1. Timothy Joseph Hardesty
    2. Michael A Kirtland
    3. Kelly Scott Davis
    3 lawyer answers

    Under Colorado law, an agent under power of attorney would not have the right to change the terms of a person's will, including not having the right to change the personal representative (aka executor) named in the will.

    5 lawyers agreed with this answer

  7. Can an executor be removed if they are not moving the settlement forward?

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Thomas J. West
    3. James P. Frederick
    4. Michael A Kirtland
    5. Adam James O'Rourke
    5 lawyer answers

    Probate in Colorado does NOT typically take up to 2 years. However, if the estate was not even opened until September, 2012, then you haven't even completed the 4 month creditor claims period, and I'm not suprised the personal representative has not liquidated the investments. I don't really understand your final sentence. Under Colorado law if there are two personal representatives named in the will, then they would both be co-personal representatives and both liable for completing the...

    5 lawyers agreed with this answer

  8. What are my rights as a legal heir as far as a financial accounting from the fiduciary?

    Answered 6 months ago.

    1. Michael A Kirtland
    2. Maria Sara Lowry
    3. Mario L. Vasquez
    3 lawyer answers

    If you want an accounting of the probate estate, you can get one. If you want an accounting of the fiduciary's actions while your mother was alive you'll need to start a separate action for this.

    Selected as best answer

  9. If I move and take care take of my mother, due to alzheimers in Michigan when she passes away will I be able to keep her house.

    Answered 6 months ago.

    1. Howard M Lewis
    2. Neil M. Colman
    3. David B. Carter Jr.
    4. James P. Frederick
    5. Scot Curtis Putzig
    6. ···
    8 lawyer answers

    Contact a Michigan elder law attorney. There is generally an exception in Medicaid rules which permits an adult child who lives in the parent's home and cares for the parent, thus preventing the need to move to a nursing home, to have the house placed into the child's name without creating a qualification penalty under Medicaid rules. You need an elder law attorney.

    6 lawyers agreed with this answer

  10. Where do I petition for guardianship for my husband if he is in another state?

    Answered over 1 year ago.

    1. Michael A Kirtland
    2. Craig Bainum
    3. Elanor Ruth Snyder
    4. Samuel Aaron Coffey
    4 lawyer answers

    Under the Uniform Guardianship and Protective Proceedings Jurisdiction Act (which may or may not be in effect in your state. I believe it is in effect in Alabama.) his "home state" is still Utah and you can petition for guardianship in the Utah court. IT is not his intention to establish residence in Alabama and he has been there for less than six months. Apply in Utah.

    6 lawyers agreed with this answer

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