Green Mountain Falls Trusts Lawyer, Colorado
Kenneth Schroer
Trusts, Estate Planning, Estate, Elder Law
Status: In Good Standing Licensed: 20 Years
7045 Campus Dr, Colorado Springs, CO 80920
Profile LAWPOINTS™34/100
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Kevin Ray Hancock
Estate, Trusts, Wills & Probate, Criminal, Collection
Status: In Good Standing Licensed: 20 Years
1465 Kelly Johnson Blvd., Colorado Springs, CO 80920
Profile LAWPOINTS™24/100
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Spencer Gresham
Trusts, Estate Planning, Estate, Elder Law
Status: In Good Standing Licensed: 39 Years
Colorado Springs, CO 80901
Profile LAWPOINTS™34/100
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320 E. Costilla Street, Colorado Springs, CO 80903
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Colorado Springs, CO 80901
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24 South Weber, Colorado Springs, CO 80903
Profile LAWPOINTS™29/100
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Alexander Berry
Immigration, Trusts, Divorce & Family Law, Criminal
Status: In Good Standing Licensed: 13 Years
121 South Tejon Street, Colorado Springs, CO 80903
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422 E. Vermijo Avenue, Colorado Springs, CO 80903
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E. David Griffith
Real Estate, Social Security, Trusts, Elder Law
Status: In Good Standing Licensed: 54 Years
231 E. Vermijo Avenue, Colorado Springs, CO 80903
Profile LAWPOINTS™32/100
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422 E. Vermijo Avenue, Colorado Springs, CO 80903
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LEGAL TERMS
DISCHARGE (OF PROBATE ADMINISTRATOR)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.
ADMINISTRATOR
A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone t... (more...)
A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone to carry out this task. administrator ad litem A person appointed by a probate court to represent an estate during a lawsuit. (Ad litem is Latin for 'during the litigation.') An administrator ad litem is appointed only if there is no existing executor or administrator of the estate, or if the executor or administrator has conflicting interests. For example, Jerry's will leaves most of his property to his brother, Jeff, and also names Jeff as executor of the will. But Jerry's sister, Janine, feels that Jerry made the will under improper pressure from Jeff, and brings a lawsuit to challenge it. The court appoints an administrator ad litem to represent Jerry's estate while the lawsuit is in progress. Also known as administrator ad prosequendum, meaning administrator 'during the prosecution.' administrator ad prosequendum See administrator ad litem.administrator cum testamento annexo See administrator with will annexed. administrator de bonis non (DBN) Latin for 'administrator of goods not administered.' This term refers to the person appointed by a probate court to finish probate proceedings when the executor or previous administrator can't finish the job.administrator de bonis non cum testamento annexo (DBNCTA) A baffling title for an administrator appointed by a probate court to take over probate proceedings when the named executor dies, leaving the job unfinished.administrator pendente lite Latin for 'administrator pending litigation.' This term refers to the person appointed by a court to begin probate proceedings during a lawsuit that challenges the will. The administrator pendente lite takes an inventory of the deceased person's property and handles the business affairs of the estate until the dispute is settled. Also called a special administrator.administrator with will annexed An administrator who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve. Also called administrator cum testamento annexo or CTA, the Latin version of 'with the will annexed.'
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.
BENEFICIARY
A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.
REMAINDERMAN
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.
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.
NONPROBATE
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.
TRUSTEE
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.
IN TERROREM
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.
SAMPLE LEGAL CASES
Barber v. Ritter
... which they allege became general tax dollars as a result of the transfer, would be expended to
defray "general governmental expenses unrelated to the respective purposes for which the cash
funds were created"; (2) some of the funds involved were "public trusts," and therefore ...
Saunders v. MURATORI
... See Moore v. 1600 Downing Street, Ltd., 668 P.2d 16, 19 (Colo.App.1983) ("`It is
fundamental to the law of trusts that cestuis have the right `upon the general principles
of equity' ... and `independently of [statutory] provisions ... ...
IN RE VINTON v. Virzi
... App. 2000). ¶18 With regard to Virzi's allegation of misrepresentation of ownership, for hundreds
of years it has been true of the English and American law of trusts that "title" is "colorless" because
the person in whom the ... Restatement (Second) of Trusts § 2 cmt. d (1959). ...
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