Best Probate Lawyers in Fort Collins

FAQs

• What is the non-emergency contact number for the local police station in Fort Collins, Colorado?

  You may call 970-491-6425 for non-emergency concerns in Fort Collins.

• Where can I get a copy of police reports for incidents related to my case in Fort Collins, Colorado?

  You may contact 970-221-6540 and choose Option 5 to talk to an employee of the Police Records Unit of Fort Collins. You may also visit the office at 2221 S. Timberline Road.

• What common mistakes should be avoided when making a will to help prevent probate conflicts in Fort Collins?

  Common mistakes that should be avoided in making a will to help prevent probate conflicts in Fort Collins include the following:

  • not discussing plans with the family, which would give rise to surprises and uncertainties among members
  • forgetting pets
  • not including certain assets, which make them subject to the rules of the state
  • appointing the wrong executor, a responsibility that should be imposed on someone impartial, trustworthy, financially savvy, and organized
  • not updating the will.

• What happens to a deceased person’s property in Fort Collins if they die with no will?

  If a deceased person in Fort Collins dies with no will, their property and assets will usually be bequeathed to their spouse and their children. In some cases when they have none at the time of death, close relatives, such as parents and siblings, could be next in line in inheriting their property. If there are no family members and they could not be found, the property will be acquired by the state.

• What is the difference between a will and a trust, and how do they affect probate in Fort Collins?

  The difference between a will and a trust in Fort Collins is that a will does not activate until after death, while a trust can be used to manage assets before or after death. Various types of trusts help protect beneficiaries from creditors, ex-spouses, predators, and even the decedent themselves. Dying without a trust or a will necessitates the state to dictate the way assets will be distributed and to assign the person who will administer the estate.

• What is the purpose of wills and trusts, and how can they help an estate in the event of probate in Fort Collins?

  Wills and trusts serve as an estate plan’s foundation in Fort Collins. They are tailored to adapt to the unique condition of the family and how to meet their particular needs. They are made to best fit one’s assets and specific situations. Wills and trusts can help an estate in the event of probate by enabling the wishes of the deceased to be followed, including the specific nuances of the family, which the court may not be able to determine otherwise.

• Is probate a requirement in Fort Collins?

  No, probate litigation is not always required in Fort Collins. The court’s involvement varies in each case. If an estate’s value is below a certain threshold, state law classifies it as a small estate, and the court sees no need to supervise it formally or mandate its settlement. If it is not a small estate and the heirs agree on how to divide it, then probate is filed as a case of informal administration, where the court plays a small role.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.