Best Probate Lawyers in Longmont

FAQs

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

  The non-emergency contact number for the local police station in Longmont, Colorado is (303) 651-8510.

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

  You can get a copy of incident reports in Longmont in three ways:

  1. Via mail - Complete the form and mail it to: Longmont Department of Public Safety, Records Unit, 225 Kimbark St., Longmont, CO 80501. Call (303) 651-8502 to confirm that the report is available and releasable before completing and sending the form.
  2. In person - Visit the Longmont Department of Public Safety Records Unit window (1st floor, Safety and Justice Building, 225 Kimbark St., Longmont, Colorado), and the staff will check to see whether the report is still available before issuing a form. They will give the cost for the needed document.
  3. Via CARFAX - Use CARFAX in place of utilizing the records department to acquire an accident report within the Longmont city limits.

• Are all estates required to go through probate in Longmont?

  No. Only assets that have a designated beneficiary, such as life insurance policies, retirement funds, and bank accounts that are payable upon death, are exempt from the probate process in Longmont. A living trust also avoids the need for probate when it comes to the transfer of assets. The specified recipient will receive these assets without going through the probate procedure.

• What types of property are exempt from probate in Longmont?

  Bank accounts, life insurance policies, real estate, and IRAs are some of the assets or properties that are exempt from probate in Longmont if they are owned in joint tenancy or with a specified beneficiary. In lieu of a will or the probate procedure, they are transferred to beneficiaries by law.

• Do small estates in Longmont require probate?

  There is no need to go through probate when a deceased person in Longmont has assets worth less than $74,000 and no real estate. Therefore, no paperwork filing or court appearances are necessary. This legal process in Colorado is called Collection of Personal Property By Affidavit Pursuant To 15-12-1201, C.R.S.

• Can a will in Longmont be contested while it is being probated?

  Yes, wills in Longmont can be contested as part of the probate process. To contest a will, one must first demonstrate your legal standing before demonstrating the will's legal invalidity. The following are a few legal grounds to contest a will: -The will is not in compliance with the law -The testator was under unlawful influence. -Testator lacked the mental competence necessary to make a will -If the testator signed the will incorrectly -If any revocations occur

• What are the duties of an executor or personal representative in Longmont probate proceedings?

  The executor or personal representative in Longmont is responsible for managing the estate of the decedents, acquiring and inventorying assets, paying remaining bills and taxes, and allocating assets to recipients in accordance with the will or state law. Executors and personal representatives have a responsibility known as a fiduciary obligation to put the interests of the estate before their own.

• 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.