non-probate assets Archives - Weinberger Law, LLC

Life Estates

Posted on: 10/23/2023

What is a life estate? A life estate is an interest in property that terminates upon the life estate holder’s death. Prior to their death, the life estate holder has the sole right to use the property (and benefit from income, if any). Upon their death, these rights transfer automatically to another party (the remainder […]

Documenting the Death of a Joint Tenant

Posted on: 03/28/2017

Joint tenancy is a form of co-ownership. If, under a joint tenancy, one owner dies, then his or his interest automatically transfers to the surviving owner(s). This is called the “right of survivorship”. Colorado Law outlines how to properly document the death of a joint tenant. CRS § 38-31-102 requires the survivor record two documents: 1) a […]

Small Estate Administration in Colorado

Posted on: 05/01/2016

In Colorado, administering a small estate is relatively simple. The successor (or her agent) simply fills out a small estate affidavit, signs the affidavit in front of a notary, and then presents it to any person or entity controlling the estate’s assets. Nothing is filed with the court and no one is name as the personal representative. This […]

What a Will Does and Does Not Control

Posted on: 02/21/2016

When planning your estate, it’s important to understand the difference between probate and non-probate assets. That’s because a will — what most think of as the essential substantive document in any estate plan — only controls what are called probate assets. But it’s possible, in fact common, to see an estate without any probate assets. […]

The Unintended Consequences of a Joint Tenancy in Colorado

Posted on: 01/08/2016

The Unintended Consequences of a Joint Tenancy in Colorado There are many hazards to DIY estate planning, but using a joint tenancy is perhaps the most fraught. In a joint tenancy, two or more owners share an undivided interest in an asset. If one owner dies, her share automatically passes to the other owner. No […]

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Life Estates

Documenting the Death of a Joint Tenant

Small Estate Administration in Colorado

What a Will Does and Does Not Control

The Unintended Consequences of a Joint Tenancy in Colorado

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