The question of reasonable compensation for a trustee or fiduciary often comes up. There is no black and white rule regarding reasonable compensation. Reasonable compensation means it depends–it depends on the surrounding circumstances of the administration. And the factors are proscribed in the Colorado Revised Statutes (CRS). As the fiduciary (personal representative/conservator/agent/trustee), you are entitled […]
Removing a trustee or invalidating a trust is not easy to do. In fact, it could take sometimes years to resolve. However, there are reasons: the person who executed the trust did not have the capacity to sign it; or, the trustee was mismanaging the assets. In those cases, you may have grounds to do […]
There was a recent article in the Daily Sentinel that created a lot of buzz with my estate planning clients you can read here. All of sudden, everyone wanted a beneficiary deed. We wrote and recommended such a tool in 2016 It solves everything, am I right? Maybe. Essentially, a beneficiary deed is executed and […]
How much does it cost to file estate or trust proceedings? Sometimes the probate process or trust administration can take awhile; sometimes the process is short. But where do you start and how much does the court charge to file a document? The following table presents an overview of the court costs associated with different […]
According to a study by Merrill Lynch and Age Wave, published through the TheStreet, “…nearly half of Americans over 55…have no will.” The cost is not an issue. Most put it off until it is too late. “It can be arduous in getting clients to address that question few Americans like discussing,” said Dennis Nolte, […]
Administering an estate or trust? Were taxes filed before the person died? How would you know? The IRS allows access to previously filed returns with authority. An unpaid income tax bill is common. Hopefully, there is a recorded lien to alert you. But some go unnoticed. This problem occurs at every income scale. As a […]
Auctioning off a property is quick. It gets the property sold. However, it comes at a cost. When real estate in an estate or trust sits on the market for too long, the heirs may start to get impatient. Even if you listed the property for market value, you may not get any offers. An […]
Service Animal/Emotional Support Animal If you are a landlord, you might have come across this with tenants: the request of a service animal or an emotional support animal in the rental. In many cases, the disability is real; service animals are trained dogs (can also be a miniature horse) to provide a specific task for […]
Along with probate law, our law firm represents landlords and tenants. Many times I will have a landlord or tenant asking to consult on a lease after something bad has happened. Some of these problems can be averted. And they can be addressed even before the lease starts. Are you a tenant and about to […]
How much can I charge as a trustee?
/in Probate and Estate Articles /by Zachary ReamsThe question of reasonable compensation for a trustee or fiduciary often comes up. There is no black and white rule regarding reasonable compensation. Reasonable compensation means it depends–it depends on the surrounding circumstances of the administration. And the factors are proscribed in the Colorado Revised Statutes (CRS). As the fiduciary (personal representative/conservator/agent/trustee), you are entitled […]
How do I remove a trustee or invalidate a trust?
/in Probate and Estate Articles /by Zachary ReamsRemoving a trustee or invalidating a trust is not easy to do. In fact, it could take sometimes years to resolve. However, there are reasons: the person who executed the trust did not have the capacity to sign it; or, the trustee was mismanaging the assets. In those cases, you may have grounds to do […]
Beneficiary Deeds, am I right?
/in Probate and Estate Articles /by Zachary ReamsThere was a recent article in the Daily Sentinel that created a lot of buzz with my estate planning clients you can read here. All of sudden, everyone wanted a beneficiary deed. We wrote and recommended such a tool in 2016 It solves everything, am I right? Maybe. Essentially, a beneficiary deed is executed and […]
Overview of Colorado Probate Filing Fees
/in Probate and Estate Articles /by Zachary ReamsHow much does it cost to file estate or trust proceedings? Sometimes the probate process or trust administration can take awhile; sometimes the process is short. But where do you start and how much does the court charge to file a document? The following table presents an overview of the court costs associated with different […]
Do You Need a Will? Most Older Americans Do Not Have One
/in Probate and Estate Articles /by Zachary ReamsAccording to a study by Merrill Lynch and Age Wave, published through the TheStreet, “…nearly half of Americans over 55…have no will.” The cost is not an issue. Most put it off until it is too late. “It can be arduous in getting clients to address that question few Americans like discussing,” said Dennis Nolte, […]
Estate Taxes? “Rolling in the Deep”
/in Probate and Estate Articles /by Zachary ReamsAdministering an estate or trust? Were taxes filed before the person died? How would you know? The IRS allows access to previously filed returns with authority. An unpaid income tax bill is common. Hopefully, there is a recorded lien to alert you. But some go unnoticed. This problem occurs at every income scale. As a […]
Auctioning Estate Property has Consequences
/in Probate and Estate Articles, Sales and Auctions /by Zachary ReamsAuctioning off a property is quick. It gets the property sold. However, it comes at a cost. When real estate in an estate or trust sits on the market for too long, the heirs may start to get impatient. Even if you listed the property for market value, you may not get any offers. An […]
Tenant, no pets…..what the &$#&% is a service animal?
/in Landlord Tenant /by Zachary ReamsService Animal/Emotional Support Animal If you are a landlord, you might have come across this with tenants: the request of a service animal or an emotional support animal in the rental. In many cases, the disability is real; service animals are trained dogs (can also be a miniature horse) to provide a specific task for […]
Four Estate Planning Questions You Should Answer Before Preparing a Will
/in Probate and Estate Articles /by Zachary Reams6 Things a Tenant Should Consider Before Signing a Lease
/in Landlord Tenant /by Zachary ReamsAlong with probate law, our law firm represents landlords and tenants. Many times I will have a landlord or tenant asking to consult on a lease after something bad has happened. Some of these problems can be averted. And they can be addressed even before the lease starts. Are you a tenant and about to […]