Probate – When Someone Dies #2 “Coping with the loss of a loved one is difficult. We hope this information will help you focus on what you need to do and what you may wish to delegate to friends and family. This brochure will provide you with some basic information on what you may need […]
Estate Planning – Avoiding Probate-Transfers of Assets Outside Probate Survivorship Interests Holding property with another under a survivorship interest such as joint tenancy is sometimes used as an inexpensive alternative to a will or trust. A survivorship interest may be applied to both real and personal property. However, there are large pitfalls to this transfer […]
“The term Alternative Dispute Resolution (ADR) is an umbrella phrase used to describe problem-solving methods or techniques. Many of these techniques have been used throughout history, but have recently become institutionalized in response to the need for efficient and cost-effective dispute settlement. The United States’ legal system was created as an alternative to violent, self-help […]
Joint Tenancy-When a Joint Tenant dies What is the process for transferring title when one joint tenant dies? The most common assets owned in joint tenancy are real property and bank accounts. In order to transfer the deceased joint tenant’s interest to the surviving joint tenant(s), all that is usually required is the recording of […]
“Coping with the loss of a loved one is difficult. We hope this information will help you focus on what you need to do and what you may wish to delegate to friends and family. This brochure will provide you with some basic information on what you may need to know in the first few […]
Joint Tenancy What is Joint Tenancy? Joint tenancy is a way of owning real or personal property by two or more individuals. When property is owned in joint tenancy, there are two or more owners and each owns an undivided share in the same interest. If property is not owned in joint tenancy it is […]
A will or living trust that meets all of the requirements described in earlier blogs is valid until you revoke it. A will or living trust that is valid in another state is also valid in Colorado. If you change your mind about a particular distribution of your property, or if circumstances force you to […]
Single-family Use Restriction Prohibits Short-term Rentals; Covenants That Allow “Amendments” Do Permit Adoption of an Entirely New Covenant: In June 2015 an Idaho court ruled in favor of an HOA enforcing a covenant restricting short-term rentals (less than six months). The townhouse association pursued an action against a homeowner for short-term rentals of his unit […]
In every power of attorney, there are powers that are outlined and for the agent. Some have heard the term “hot powers”. “What are “hot powers”? For all Powers of Attorney signed after January 1, 2010, you must state that the agent has certain powers, casually referred to as “hot powers.” These “hot powers” include […]
A trust is an arrangement where real or personal property is held by one person, called the trustee, for the care or benefit of another person, the beneficiary. There are basically two types of trusts: testamentary trusts and living trusts. A testamentary trust is set up in your will, and takes effect only after your […]
It is essential that legal documents are kept secure so they are accessible as necessary. This is also true of powers of attorney. What do I do with my power of attorney document? “The original power of attorney should be given to the agent you appoint and a copy should be kept with your other […]
“Decision-Making Responsibilities Parents must decide whether one or both will have responsibility of making important decisions concerning choice of school, religion, medical/dental care, general welfare and extracurricular activities. The Parenting Plan outlines the options for making such decisions. Some parents want to be very detailed about these future decisions, and others do not want a […]
Being designated as the agent in a power of attorney is a position of responsibility. It is important that anyone executing a power of attorney know the importance of their agents’ actions. Can a principal hold an agent liable for the agent’s actions? “Agents are considered a “fiduciary” meaning they must act with the highest […]
Community property managers must be licensed by July 1, 2015 and must pass an exam to become licensed. Recent news reports stated the pass rate for that exam is only about 75%. On the one hand, those numbers seem to reflect a general lack of knowledge among a quarter of those people seeking to manage […]
Agents on powers of attorney are usually family members or close friends. Often people want to compensate their agents for their work: Can the agent be reimbursed for expenses and compensated for work? “An agent can be reimbursed for feasible expenses and compensated for their work. To ensure this, the principal must include this direction […]
All the attorneys at Frie, Arndt and Danborn have practiced family law, or as a relative thinks it is more accurately described, “unfamily” law. It is a challenging area of practice, often requiring as much insight into the human psyche as into Colorado law. This area of practice includes many topics, but almost all of […]
Are you having ongoing problems with your neighbor(s)? The City of Arvada’s police department offers a neighborhood dispute resolution process very similar to mediation that may help defuse tensions, and other cities may have similar programs. If your neighbor refuses to participate, there are still several things you can do to protect yourself from […]
At Frie Arndt & Danborn we handle Real Estate, Divorce, Homeowners Association issues for both homeowners and associations, Civil Litigation, Probate, Elder Law, Mediation, Asset Planning, Wills, Guardianships/Conservatorships, Child Support issues, Maintenance/Alimony issues, Purchase/Sale of real estate, Small Claims cases, and many more. And we do them all well. We have handled cases […]
What are the “Best Interests” of the Child? “In determining parental responsibilities (decision-making responsibilities and parenting time), parents should consider the age, independence, emotional needs and development of the child as well as the schedules of each parent. Although there may have been certain parenting “schedules” prior to the, the filing of a legal action, […]
Family Law – Parenting Plans What is a Parenting Plan? “A parenting plan is a tool to assist both parties with identifying decision making and parenting time in regards to the best interest of the children after a legal separation or divorce action is filed with the court. A Parenting Plan is also used for […]
Every power of attorney designates individuals that the principal wishes to make decisions on their behalf under certain circumstances. Some people have difficulty in choosing who to appoint. These questions and answers may help with such decisions. What if a principal appoints multiple agents? “Multiple agents can be appointed to serve simultaneously but it is […]
The majority of people who have powers of attorney have them in case they fall victim to an emergency in which they are unable to make medical decisions or handle their financial affairs. But even if they have a power of attorney many ask: When does a power of attorney take effect? “The terms of […]
Most Powers of Attorney are titled as “Durable” Powers of Attorney. What is a “Durable” Power of Attorney? The Colorado Bar Association provides this explanation: “A ‘Durable’ Power of Attorney permits an agent to make decisions on behalf of the principal if the principal becomes incapacitated. This is done by…including certain language such as: ‘this […]
Yesterday, after months of delay, Colorado’s Department of Regulatory Agencies (DORA) finally adopted Rules regarding the licensing of HOA property managers. The Rules will take effect July 1, 2015 and implement the Community Association Managers Practice Act (which became law in May 2013). The Rules require persons engaged in two or more of several activities […]
Estate Planning – Importance of Powers of Attorney – Power of Attorney Series – #1 A common question on powers of attorney arises when there is an emergency medical situation. For example, Mom is rushed to the hospital by ambulance accompanied by Dad. While Mom is rushed into an emergency exam room, the hospital asks […]
Many people are afraid to go to lawyers or they don’t want to spend the money for an attorney to draft a Will for them. So they prepare their own wills. The majority of the time these “homemade” Wills are written in language that allows room for challenging by heirs. In the end their probate […]
“Considerations for All Advance Medical Directives Your advance medical directive(s) should include statements about any religious beliefs that would either prohibit or require certain types of medical care, existing medical conditions that you want the medical professionals to know about in advance, which document shall control if there is more than one declaration and they […]
“Disposition of Last Remains Declarations You have the right and power to direct the disposition of your last remains. Colorado laws provides protection from individuals who may try to impose their views over your stated wishes. You may make this declaration in a will; prepaid funeral, burial, or cremation contract; Medical Power of attorney; Designated […]
What is a Living Will? “In Colorado, individuals may execute a “Declaration as to Medical or Surgical Treatment,” more commonly referred to as a “Living Will.” A Living Will covers the administration, withholding, or withdrawal of life-sustaining procedures when you have a terminal condition and are unconscious or otherwise incompetent. In this very limited set […]
Almost every client thinks if they make a Will and devise assets to a particular beneficiary the Will disposes of all assets. However, that is not true of every type of asset. Assets that have their own separate beneficiary designation or are owned in Joint Tenancy will not be controlled by the Will but will […]
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