Colorado Joint Tenancy With Right Of Survivorship: Fill & Download for Free

This answer may contain sensitive images. Click on an image to unblur it.What rights do I have when my mother passes away leaving no will and she was married but left 4 beneficiaries in me and my 3 siblings? She owned 4 homes and us adult children are homeless.As suggested elsewhere, how do you know your mother did not leave a will? Before you go forward, you and your siblings need to search your mother’s effects thoroughly. So does her husband. She may have made a will after all. A good idea would be for her husband to call her attorney - if she owned four homes it would seem she involved an attorney(s) at some point in her business affairs.Absent a valid will, your mother died intestate. Dying intestate means her estate will pass according to the laws of intestacy of the state in which she died. Also, because of the laws of intestacy, you and your siblings may not necessarily be beneficiaries of her estate.I’ll use Colorado as an example. Below is a chart for how intestate estates pass for decedents who were married at the time of their deaths according to Colorado laws of intestacy. [1][1][1][1]You can see that, generally, if a decedent was married at the time of her death and spouse survives him/her, as in your fact pattern, and assuming no premarital agreement, etc., surviving spouse takes the entire estate:Then, a lot depends on how and in whose name(s) the four homes are titled. For example, if your mother owned any of the four homes in joint tenancy with right of survivorship[2][2][2][2]with another person(s) or entity(ies), by operation of law ownership of the homes would pass to the other tenant(s) outside of probate. Or, if your mother owned any of the four homes as tenants in common[3][3][3][3] with another person(s) or entity(ies), her share would go to her estate and pass through probate to her heirs, again, according to the laws of intestacy. Then, a lot may depend on the laws of the state(s) where your mother owned the various home(s).It’s unfortunate you and your siblings are homeless, but your status is irrelevant to your mother’s estate passing to her heir(s) under the laws of intestacy. Unless there are other circumstances or something in the laws of intestacy in your state which might change who takes your mother’s estate, it appears you would have no right to inherit from your mother.Instead of relying on comments you read on Quora for legal advice, including mine or any other person’s comments on this thread, you and your siblings have every reason in the world to discuss your situation with an estates attorney.While Quora legal discussions can be interesting and sometimes informative and entertaining, in no way should they be taken or construed as legal advice. Only an attorney at law a person has retained and with whom s/he has established an attorney-client relationship and who has been apprised of all facts is qualified to render legal advice for any situation.Footnotes[1] What Happens When Someone Dies Without a Will? | Colorado Attorneys[1] What Happens When Someone Dies Without a Will? | Colorado Attorneys[1] What Happens When Someone Dies Without a Will? | Colorado Attorneys[1] What Happens When Someone Dies Without a Will? | Colorado Attorneys[2] Joint Tenants With Right of Survivorship (JTWROS)[2] Joint Tenants With Right of Survivorship (JTWROS)[2] Joint Tenants With Right of Survivorship (JTWROS)[2] Joint Tenants With Right of Survivorship (JTWROS)[3] Does Tenancy in Common Make It Easier to Own Property?[3] Does Tenancy in Common Make It Easier to Own Property?[3] Does Tenancy in Common Make It Easier to Own Property?[3] Does Tenancy in Common Make It Easier to Own Property?

If self acquired property of father is divided and registered among widow mother and brother, after death of father post 2005 intestate (without will), is their any time bar for making claim by daughter?I assume you are the daughter.As with nearly any legal question, it depends.Much would depend on how father’s property passed to widow mother and brother, either outside of probate by its titling or according to the laws of intestate succession in your locality. Much more depends on whether the estate’s claims period is still running or has expired.If widow mother and brother shared title with father in joint tenancy with right of survivorship,[1][1][1][1] the property would have passed to the survivors (widow mother and brother) outside of probate in approximately equal shares.If widow mother and brother shared title with father as tenants in common,[2][2][2][2] decedent father’s share would have had to pass through probate. Because father died intestate, his share would have been distributed pursuant to the laws of intestacy in the state in question. Intestate heirship can be complicated.[3][3][3][3]Now, if your father died in 2005 and I assume an intestate estate was opened and you, the daughter, are now asking if you can claim against the estate for a share of the property, in my opinion you are out of luck. Sorry to be the bearer of bad news, but the claims period for your father’s estate ran longgg ago. You should have claimed against the estate during that period of time. In Colorado, the claims period runs four months from the the date the Notice to Creditors by Publication is first published in a local newspaper or one year from decedent’s date of death, whichever date occurs first.[4][4][4][4] Applying Colorado probate law to your fact pattern, at the very latest the claims period ran for your father’s estate was sometime in 2006.I cannot think of any other theory under which you could claim against the property. An estates attorney might come up with one. Maybe you should see an estates attorney and discuss your case.While Quora legal discussions can be interesting and sometimes informative and entertaining, in no way should the content therein be taken or construed as legal advice. Only an attorney at law a person has retained and with whom s/he has established an attorney-client relationship and who has been apprised of all facts in a matter is qualified to render legal advice for any situation.Footnotes[1] Joint Tenants With Right of Survivorship (JTWROS)[1] Joint Tenants With Right of Survivorship (JTWROS)[1] Joint Tenants With Right of Survivorship (JTWROS)[1] Joint Tenants With Right of Survivorship (JTWROS)[2] Clearing Title When Tenant-in-Common Owner Dies | Colorado Attorneys[2] Clearing Title When Tenant-in-Common Owner Dies | Colorado Attorneys[2] Clearing Title When Tenant-in-Common Owner Dies | Colorado Attorneys[2] Clearing Title When Tenant-in-Common Owner Dies | Colorado Attorneys[3] Intestate Succession in Colorado[3] Intestate Succession in Colorado[3] Intestate Succession in Colorado[3] Intestate Succession in Colorado[4] Section 15-12-801 - Notice to creditors[4] Section 15-12-801 - Notice to creditors[4] Section 15-12-801 - Notice to creditors[4] Section 15-12-801 - Notice to creditors

What is probate, and can you avoid it?Two part question.What is probate?Probate is the legal process in which property owned by a deceased person is passed on to the living.In the usual context, probate includes proving validity of a will and it being admitted to probate. The probate court ordinarily would appoint as personal representative (executor) of the estate the person the testator nominated in the will. Then, the PR would go to work on the estate. S/he/it would marshal the estate’s assets, prepare an inventory of all estate property while satisfying the decedent’s debts and priority claims against his/her estate. The PR would distributed any leftover monies, known as the residuary estate or “residue,” to the beneficiaries set forth in the will in the proportions the testator specified.Probate is somewhat similar for decedents who die intestate, meaning they died without a will. The chief differences are an “interested person”[1][1][1][1] would petition the probate court to open an estate for the decedent and appoint a PR (sometimes called “administrator” for intestate estates). Distribution of residue, if any, after payment of decedent’s debts and priority claims, would be pursuant to intestate succession provisions in the jurisdiction’s probate code. Sometimes these beneficiaries might be persons testator would have never wanted to take from his/her estate.Which brings us to this question:Can probate be avoided?As with most Quora legal questions, the answer is it depends.The probate code in the jurisdiction in which decedent passed may mandate that an estate be opened for him/her no later than X date after his/her date of death; in Colorado, an estate must be opened no later than three years after a decedent’s death.[2][2][2][2] In Colorado, estates must be opened if the total value of decedent’s property exceeds $64,000 and includes real property.[3][3][3][3] If total estate property is valued at less than $64,000 and includes no real property, an estate might be distributed via a small estates procedure.That said, I think you are really asking if probate can be minimized.The answer is yes, to a large extent, via sound estate planning.Much depends on the total value of property, but estate planning attorneys can recommend strategies to simplify and speed up the process of settling debts and claims and distributing inheritances to beneficiaries.Estate planning attorneys might recommend establishment of revocable trusts and transferring ownership of as much property as possible to the trust. A trust would be a will substitute: it would include distributive provisions similar to a will. The big advantage of a trust over a will is beneficiaries can receive their gifts quicker than from a will that would have to be probated.At the same time, clients would still have to make pourover wills[4][4][4][4] to “pour over” into the trust any remaining property not already retitled to the trust. Absent a pourover will the property would pass through probate via intestate succession laws; again, possibly to persons testator would have never wanted to take from his/her estate. And, yes, a pourover will would have to be probated.Otherwise, good estate planning attorneys might recommend retitling real property such as a client’s house into joint tenancy with right of survivorship[5][5][5][5] with another person(s). Same for bank and investment accounts. Property titled in joint tenancy passes by operation of law to the other tenant(s) outside of probate.There are ways to minimize probate via good estate planning. Most of the time, though, probate cannot be avoided entirely.While Quora legal discussions can be interesting and sometimes informative and entertaining, in no way should their content be taken or construed as legal advice. Only an attorney at law person has retained and with whom s/he has established an attorney-client relationship and who has been apprised of all facts in a matter is qualified to render legal advice for any situation.Footnotes[1] 2016 Colorado Revised Statutes :: Title 15 - :: Probate, Trusts, and Fiduciaries :: Colorado Probate Code :: Article 10 - General Provisions, Definitions, Jurisdiction :: Part 2 - :: Definitions :: § 15-10-201. General definitions[1] 2016 Colorado Revised Statutes :: Title 15 - :: Probate, Trusts, and Fiduciaries :: Colorado Probate Code :: Article 10 - General Provisions, Definitions, Jurisdiction :: Part 2 - :: Definitions :: § 15-10-201. General definitions[1] 2016 Colorado Revised Statutes :: Title 15 - :: Probate, Trusts, and Fiduciaries :: Colorado Probate Code :: Article 10 - General Provisions, Definitions, Jurisdiction :: Part 2 - :: Definitions :: § 15-10-201. General definitions[1] 2016 Colorado Revised Statutes :: Title 15 - :: Probate, Trusts, and Fiduciaries :: Colorado Probate Code :: Article 10 - General Provisions, Definitions, Jurisdiction :: Part 2 - :: Definitions :: § 15-10-201. General definitions[2] 2016 Colorado Revised Statutes :: Title 15 - :: Probate, Trusts, and Fiduciaries :: Colorado Probate Code :: Article 12 - :: Probate of Wills and Administration :: Part 1 - :: General Provisions :: § 15-12-108. Probate, testacy, and appointment proceedings - ultimate time limit[2] 2016 Colorado Revised Statutes :: Title 15 - :: Probate, Trusts, and Fiduciaries :: Colorado Probate Code :: Article 12 - :: Probate of Wills and Administration :: Part 1 - :: General Provisions :: § 15-12-108. Probate, testacy, and appointment proceedings - ultimate time limit[2] 2016 Colorado Revised Statutes :: Title 15 - :: Probate, Trusts, and Fiduciaries :: Colorado Probate Code :: Article 12 - :: Probate of Wills and Administration :: Part 1 - :: General Provisions :: § 15-12-108. Probate, testacy, and appointment proceedings - ultimate time limit[2] 2016 Colorado Revised Statutes :: Title 15 - :: Probate, Trusts, and Fiduciaries :: Colorado Probate Code :: Article 12 - :: Probate of Wills and Administration :: Part 1 - :: General Provisions :: § 15-12-108. Probate, testacy, and appointment proceedings - ultimate time limit[3] Colorado Probate Myths and Facts[3] Colorado Probate Myths and Facts[3] Colorado Probate Myths and Facts[3] Colorado Probate Myths and Facts[4] Pour-Over Will[4] Pour-Over Will[4] Pour-Over Will[4] Pour-Over Will[5] Joint Tenants With Right of Survivorship (JTWROS)[5] Joint Tenants With Right of Survivorship (JTWROS)[5] Joint Tenants With Right of Survivorship (JTWROS)[5] Joint Tenants With Right of Survivorship (JTWROS)