Rush Estate Planning Lawyer, Colorado, page 2

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Includes: Gift Taxation

Carol Linda Martin

Construction, Medicare & Medicaid, Wills & Probate, Workers' Compensation
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  50 Years

Christine Pacheco-Koveleski

Bankruptcy, Divorce, Immigration, Wills & Probate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  43 Years

Clayton Todd Kettelkamp

Real Estate, Lawsuit & Dispute, Estate, Accident & Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  39 Years

Darrin L. Buxman

Class Action, Trusts, Business & Trade, Personal Injury
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  33 Years

Donald J. Banner

Lawsuit & Dispute, Government, Estate, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  53 Years

Erik R. Moeller

International, Estate, Criminal
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  20 Years

Henry J. Geisel

Real Estate, Dispute Resolution, Wills & Probate, Civil Rights
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

James Robert Gerler

Real Estate, Estate, Business
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  47 Years

Jeffrey Chilton Shaw

Commercial Real Estate, Trusts, Business, Medical Malpractice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  27 Years

John Holden Finger

Commercial Real Estate, Real Estate, Estate
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           Licensed:  39 Years

Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

SAMPLE LEGAL CASES

People v. Mason

... sanction. • In October 2001, Respondent was suspended for one year and one day for violating Colo. RPC 1.1, 1.5(a), and 5.3(b) after he conducted an estate-planning seminar for the purpose of avoiding "rest" homecare costs. 148 ...

People v. Foster

... We consider in aggravation that Respondent has been licensed for over twenty years in Colorado. We note, however, that Respondent's background and experience is in estate planning and tax law, not domestic relations law. Absence of a Prior Disciplinary Record — 9.32(b): ...

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