Best Probate Lawyers in Westminster

Frequently Asked Questions

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

  Individuals can call the Westminster Police Department at 303-658-4360 for non-emergency situations.

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

  To obtain copies of police reports for incidents in Westminster:

  • Visit the Westminster Public Safety Center at 9110 Yates St., Monday to Thursday, between 8 a.m. and 5 p.m.
  • Mail a completed Search Request form with report details, including payment for the report fee, in a self-addressed, stamped envelope to Westminster Police Department, Attn: Records Section, 9110 Yates St., Westminster, CO 80031.

  Contact the Records Division at 303-658-4380 to verify if the report is available for release.

• What is the role of a personal representative in Westminster?

  In Westminster, a 'personal representative,' often termed an 'executor' in other jurisdictions, has the obligation of managing a deceased individual's estate. This includes gathering the decedent's assets, satisfying any lingering debts and tax obligations, and eventually distributing the remaining assets to the rightful beneficiaries as per the will. If the deceased did not leave a will, the personal representative is selected following the priorities set by Colorado law.

• What are the qualifications required for someone to be appointed as a personal representative in Westminster?

  In Westminster, a potential personal representative must be at least 21 years old and deemed mentally competent. Unlike some jurisdictions, Colorado doesn't disqualify individuals with felony convictions from serving in this role. The state also has no special requirements for out-of-state executors. However, Colorado probate courts can dismiss a prospective executor deemed unfit during formal proceedings, which involve a hearing with interested parties. A judge then decides on the suitability of the nominated executor.

• What are some instances that could constitute a breach of fiduciary duties for a trustee in Westminster?

  In Westminster, a trustee, defined as a fiduciary under Colorado Revised Statute § 15-1-103, could breach fiduciary duties in several ways. This may include blending individual and trust resources, involving themselves in high-risk investment practices that might jeopardize the trust's financial health, or showing bias towards some beneficiaries over others. Any violation of these responsibilities can result in legal ramifications.

• What options do Westminster residents have if they want to alter an irrevocable trust based?

  Under the Colorado Uniform Trust Code enacted in 2019, Westminster residents can adjust an otherwise unchangeable trust. Parties concerned can use out-of-court Nonjudicial Settlement Agreements, provided it doesn't infringe on the trust's primary objectives. Additionally, a court may intercede to change or end a trust if unforeseen circumstances hamper effective administration, all beneficiaries (and settlor) agree, the trust is uneconomical, to rectify errors, or to merge or segregate trusts.

• Can a trustee in Westminster be dismissed, and what are the possible reasons for removal?

  Yes, removing a trustee in Westminster is feasible, but it necessitates cogent evidence. Serious fiduciary trust violations, substantial changes in circumstances, or disagreements among co-trustees could justify the removal. This process is influenced by the trust contract and Colorado law. In a revocable trust, the creator can modify the agreement to expel a trustee without reason. However, in an irrevocable trust, the creator lacks this power. The court must see the dismissal benefiting all beneficiaries without obstructing the trust's aims.