Meurer Law Offices, P.C., serves clients in Denver, Greenwood Village, Centennial, Aurora, Littleton, Englewood, Arvada, Westminster, Broomfield, Parker, Castle Rock, Lone Tree, Sheridan, Elizabeth, Kiowa, Lakewood, Parker, Highlands Ranch, Denver County, Arapahoe County, Adams County, Douglas County, Jefferson County, Colorado.
Estate Planning Services
Probate
Probate is the legal process through which the court oversees the transfer of your assets upon your death. The process will insure that your debts are paid and your assets are distributed according to your Will. If you don’t have a Will or a valid Will, your assets are distributed according to Colorado State Law.
The disadvantages to Probate are as follows:
- Probate can be expensive. Legal fees, Executor fees, Appraisal fees and other costs must be paid before your assets can be distributed to your heirs.
- If you own property in other states, your beneficiaries could face multiple Probates, each one administered according to the laws of that state. This usually involves having to hire an out of state attorney and commencing an ancillary Probate case in the state in which the property is located.
- Probate takes time. Usually 9 months – 2 years. During this time assets are usually frozen so that an accurate inventory can be taken. This means that nothing can be distributed or sold without court approval. If your loved ones need money to live on, they must request a living allowance, which may be denied.
- Creditors, disgruntled heirs and unscrupulous solicitor’s can further complicate the process and lengthen the amount of time in which it takes to administer the Estate.
- Your family will not have privacy as Probate is a public process. Any interested party can see what you owned and who you owed money at the time of your death. The process often invites disgruntled heirs to contest your Will and can expose your loved one to unscrupulous solicitors.
- The Court rather than your family has control over the probate process. This probate process will determine how much it will cost, how long it will take, and what information about your Estate is made public. The Court will order your debts paid and assets distributed. If your Will is contested, the Court may ultimately have to determine your mental capacity at the time that your Will was created, whether it was created under duress, or under undue influence and whether it is valid.
Meurer Law Offices
5347 S. Valentia Way, Suite 220
Greenwood Village, Co. 80111
303.991.3544
Estate Planning Attorney
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