Castle Rock Wills & Probate Lawyer, Colorado

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Includes: Estate Administration, Living Wills, Wills

William L. Henry

Wills & Probate, Business Organization, Banking & Finance, Collection
Status:  In Good Standing           

FREE CONSULTATION 

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Glenn W. Hagen

Wills & Probate, Trusts, Estate, Contract
Status:  In Good Standing           

Joanne P. Underhill

Tax, Real Estate, Wills & Probate, Trusts
Status:  In Good Standing           

FREE CONSULTATION 

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Paul Mitchell

Wills & Probate, Estate Planning, Estate
Status:  In Good Standing           

Kirsten L. Wander

Wills & Probate, Government Agencies, Wills, Trusts
Status:  In Good Standing           

Darrell John Gubbels

Commercial Real Estate, Real Estate, Wills & Probate, Trusts
Status:  In Good Standing           Licensed:  38 Years

Joseph E. Brown

Collection, DUI-DWI, Divorce, Wills & Probate
Status:  In Good Standing           

David Parker

Tax, Commercial Real Estate, Wills & Probate, Personal Injury
Status:  In Good Standing           Licensed:  21 Years

Christina Anne Brigham

Elder Law, Wills & Probate, Trusts, Child Custody
Status:  In Good Standing           Licensed:  22 Years

John Mervin Evans

Trusts, Estate, Wills & Probate
Status:  In Good Standing           Licensed:  38 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

CERTIFICATION OF TRUST

See abstract of trust.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

SAMPLE LEGAL CASES

Foiles v. Whittman

... 699 II. Facts and Procedural History. This case is a consolidated action involving a civil suit and several probate matters. ... As a result, the probate court appointed a special administrator for Mr. Whittman's estate, who was substituted as a party in the civil action. ...

Pierce v. Francis

... On May 21, 2007, the probate court, concluding that the decedent lacked the requisite testamentary capacity and that the second will resulted from undue influence, denied probate of that will. The probate court then admitted ...

Schwartz v. Schwartz

... the declaratory judgment action filed to determine the validity of the antenuptial agreement because resolution of that action will have a practical legal effect upon an existing controversy — namely, it will impact Norman Schwartz's recovery in the ongoing probate proceeding. ...