Weld County, CO Wills & Probate Lawyers
Includes: Estate Administration, Living Wills, Wills
SPONSORED LAWYERS
1-3 of 3 matches. Page 1 of 1
5401 W. 10th St., Greeley, CO 80634
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William W. Hughes
Wills & Probate, Family Law, Business Organization, Banking & Finance
Status: In Good Standing
5401 W. 10th St., Greeley, CO 80634
Profile LAWPOINTS™38/100
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Janet M. Dickson
Landlord-Tenant, Wills & Probate, Estate Planning, Adoption
Status: In Good Standing Licensed: 53 Years
821 9Th Street, Greeley, CO 80631
Profile LAWPOINTS™31/100
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LEGAL TERMS
COUNTERCLAIM
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.
HEIR APPARENT
One who expects to be receive property from the estate of a family member, as long as she outlives that person.
MARITAL LIFE ESTATE TRUST
See AB trust.
GRANTOR RETAINED INCOME TRUST
Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)
Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).
PRETERMITTED HEIR
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'
FUNDING A TRUST
Transferring ownership of property to a trust.
SELF-PROVING WILL
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.
AB TRUST
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.
TRUSTEE POWERS
The provisions in a trust document defining what the trustee may and may not do.
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. ...
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