How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Colorado
Disclaimer This article provides general information about Colorado’s Medicaid estate recovery process. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Overview of Colorado’s Medicaid Estate Recovery Program Under the federal Medicaid law (42 U.S.C. § 1396p(b)) and Colorado law (C.R.S. § 26-2-1203), the state […]
Read article →How to obtain and review corporate formation documents and bylaws affecting a decedent’s business interest in Colorado
Detailed Answer When a Colorado business owner dies owning shares or membership interests in a corporation or LLC, their personal representative (executor or administrator) must locate and review the company’s formation documents and bylaws to determine rights, restrictions, and any transfer requirements. Below is a step-by-step guide to obtaining and reviewing these records under Colorado […]
Read article →How Can an Interested Party Open Probate for a Decedent’s Estate in Colorado?
Detailed Answer Under Colorado law, probate is the court-supervised process that establishes authority to manage and distribute a decedent’s estate. An interested party may petition the district court in the county where the decedent last resided to open probate and appoint a personal representative (C.R.S. § 15-10-201). Follow these steps: Determine probate necessity. If the […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in CO?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Colorado law, a personal representative (formerly called executor or administrator) may be removed for cause, including misappropriation or mishandling of estate assets. The governing provisions appear in Title 15, Article 12 of the Colorado Revised Statutes (C.R.S.). 1. […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate in Colorado?
Detailed Answer Gathering essential information and documents before the decedent’s passing can significantly reduce delays, court costs, and family stress during probate in Colorado. Below is a comprehensive checklist organized by category. Whenever possible, keep originals in a secure location and provide instructions for access. 1. Last Will and Testament A valid will directs the […]
Read article →What information and duties must a personal representative provide to heirs in Colorado?
Detailed Answer When someone dies in Colorado, the court appoints a personal representative (PR) to manage the estate. Colorado law requires the PR to provide heirs and beneficiaries with key information and to perform specific duties throughout estate administration. Here are the main requirements under the Colorado Revised Statutes (C.R.S.): Notice of Appointment: Within 60 […]
Read article →What steps are required to file probate court documents and publish creditor notices in Colorado
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult an attorney about your specific situation. Detailed Answer 1. Prepare and File the Probate Petition Gather the decedent’s original will and a certified death certificate. Complete a Petition for Probate under Colorado law. File the petition with the district […]
Read article →How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in CO
Detailed Answer When someone dies owning a motor vehicle, you must decide whether that vehicle becomes part of their probate estate. Under Colorado law, the answer depends primarily on how the vehicle was titled, any beneficiary designations, and whether the estate qualifies for a small-estate affidavit. 1. Review Title Ownership at Death If the decedent […]
Read article →How to Determine Proper Venue for Opening or Transferring a Decedent’s Estate in Colorado
How to Determine Proper Venue for Opening or Transferring a Decedent’s Estate in Colorado Detailed Answer Choosing the right county for a probate or ancillary administration case ensures smooth handling of a decedent’s final affairs. Colorado law defines venue rules to guide you. 1. Primary Probate Venue File the opening petition in the county where […]
Read article →Should an Executor Confirm Available Estate Funds Before Settling a Creditor Claim in CO?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer Under Colorado law, an executor must verify that the estate holds sufficient funds before satisfying any creditor claim. This duty helps protect the executor from personal liability and ensures that payments follow the legal order of priority. 1. Collect […]
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