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Eric  Sims Lawyer

Eric Sims

VERIFIED
Criminal, Divorce & Family Law, Lawsuit & Dispute, White Collar Crime, Wills & Probate

Eric Sims Jr. is the Founding Partner of Flatirons Legal Group, LLC. Tough, aggressive, skilled lawyer in trial, in hearings, and in negotiations best... (more)

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CONTACT

800-537-6291

W. Rhett Meyer Lawyer

W. Rhett Meyer

VERIFIED
Estate, Elder Law, Nursing Home, Wills & Probate, Power of Attorney

Rhett Meyer is a Colorado attorney in the area of At-Risk Adults and Elder Abuse and Neglect. Rhett has represented victims in nursing homes and in in... (more)

Jody  Brammer-Hoelter Lawyer

Jody Brammer-Hoelter

VERIFIED
Trusts, Estate, Estate Planning, Estate Administration, Wills & Probate
Planning for Peace of Mind

I have practiced law in Colorado for ten years and specialize in Colorado Estate Planning and Colorado Probate. I earned Bachelor of Science and Mast... (more)

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CONTACT

800-811-6681

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Wayne  Vaden Lawyer

Wayne Vaden

VERIFIED
Estate, Real Estate, Criminal, Wills & Probate

Wayne Vaden is a practicing lawyer in the state of Colorado. Mr. Vaden received his J.D. from Arizona State University in 1991.

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CONTACT

800-897-2640

Lance J. Goff

Bankruptcy, Litigation, Personal Injury, Wills & Probate
Status:  In Good Standing           

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Christopher J. Lane

Franchising, Wills & Probate, Corporate, Securities
Status:  In Good Standing           

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Scott A. St. Clair

Franchising, Wills & Probate, Corporate, Wills
Status:  In Good Standing           

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Joan Norman

Wills, Estate, Family Law, Divorce & Family Law
Status:  In Good Standing           

FREE CONSULTATION 

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John H. Barrett

Family Law, Business Organization, Personal Injury, Wills
Status:  In Good Standing           

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LEGAL TERMS

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

CURATOR

See conservator.

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.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

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.

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.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)
Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

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. ...