Regena Tumbleson Paralegal 3

Regena Tumbleson When you need help preparing your legal documents contact Eastern Plains Paralegal Services See the contact information on slide twenty – one of this power point.

What are your needs?
Wills- What type of will do you need?
General, Estate, Trusts, Pets?
I can file documents with the appropriate court if needed.
Trusts- I can help you find the correct one to fit your needs.

Who may make a will
Who may make a will: An individual eighteen or more years of age who is of sound mind may make a will. 15-11-501.
Execution and witnesses: A will shall be:
(a) In writing; (b) Signed by the testator. (c) Signed by at least two witnesses in the presence of the testator. 15-11-502.
Writings intended as wills: Although a will was not executed in compliance with section law, the will is treated as if it had been executed in compliance with that section if the proponent of the will establishes by clear and convincing evidence that the decedent intended the will to constitute the decedent's will. 15-11-503.

Who may make a will
Self-proved will: A will may be simultaneously executed, attested, and made self-proved by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal. The will forms provided here contain the self proving affidavit required by Colorado. 15-11-504.
Who may witness: An individual generally competent to be a witness may act as a witness to a will. The signing of a will by an interested witness does not invalidate the will or any provision of it. 15-11-505.

What Happens to Probate Property if You Die Without a Will?
Below are general examples of property distribution schemes that show how state laws direct the distribution of a person’s probate estate when that person dies without a will. These state statutes vary significantly, however; be forewarned that they contain important details not covered here.
MARRIED WITH CHILDREN Many people wrongly believe that a surviving spouse will inherit all property owned by the deceased spouse, especially if they have young children. That is generally not the case. In this situation, the law of most states awards one-third to one-half of the decedent’s property to the surviving spouse and the remainder to the children, regardless of their age.

The court appoints a guardian of the children’s property until they reach legal adulthood. Even when the surviving parent continues to have custody of the kids themselves,
this property guardian is not always the parent. This arrangement may leave the surviving parent without adequate resources of her own, forcing her to repeatedly justify childrearing expenses to the court in order to get money for them. If an adult child of the decedent has also died, that child’s children—that is, the decedent’s grandchildren—would inherit their parent’s share to split.

MARRIED WITH NO CHILDREN OR GRANDCHILDREN In some states, the surviving spouse will inherit the entire estate in this situation—or everything up to a certain value (for example, the first $200,000). In many other states, however, the surviving spouse receives only a specified interest in any real estate owned by the decedent (such as “one-half,” or “one-third”). In addition to that value, the surviving spouse usually gets only one-half of the remaining estate. The balance generally goes to the decedent’s parent (s), if they are still alive. If both parents are dead, many states split the remainder among the decedent’s brothers and sisters.
SINGLE PERSON WITH CHILDREN When a single person with children dies without a will, all state laws provide that the entire estate go to the children, in equal shares. If an adult child of the decedent has also died, that child’s children (the decedent’s grandchildren) split their parent’s share.

SINGLE PERSON WITH CHILDREN When a single person with children dies without a will, all state laws provide that the entire estate go to the children, in equal shares. If an adult child of the decedent has also died, that child’s children (the decedent’s grandchildren) split their parent’s share.
SINGLE PERSON WITH NO CHILDREN OR GRANDCHILDREN In this situation, most state laws favor the decedent’s parent (s) in the distribution of his property. If both parents are deceased, many states divide the property among the brothers and sisters. In some states, the decedent’s brothers and sisters are ahead of the parents in the distribution order.
From “AARP Crash Course in Estate Planning: The Essential Guide to Wills, Trusts and Your Personal Legacy,” by Michael T. Palermo, JD, CFP, 2005, pp. 22-23.

A Will
Your will is the keystone of your estate plan. It spells out how your assets will be distributed and how your dependents will be cared for after you die. If a will is properly prepared, witnessed, and signed, it ensures that your wishes regarding these matters will be carried out.

Use Your Will to:
Identify who will inherit your probate estate. Use your will to say who gets what. You can leave everything to your spouse, a painting to your granddaughter, divide everything equally between your two kids, or leave various percentages to friends and charities.
Be aware that your surviving spouse has a legal right to inherit a portion of your property. Normally, you cannot do away with this right in your will. Any property that you own jointly with someone else will automatically go to that joint owner, despite anything you say to the contrary in your will.
Name guardians for your minor children. You have to nominate a guardian to care for children who are younger than 18. A guardian will raise your children until they reach maturity. If your children are young, consider naming alternate guardians who can step in if your primary guardian dies or becomes disabled.

Use Your Will to:
Create a trust if any minors will inherit your assets. Minors cannot inherit directly from you, so you must appoint a trustee to take care of their inheritances until they are older. You specify the age at which the child will receive his or her inheritance.
Choose an executor. The executor will manage and settle your probate estate according to your instructions. Make certain the person you choose as your executor is both willing and able to serve. Depending on the size of your estate, you may want to designate two executors who can work together to settle your affairs. One executor could be an individual, like a family member or close friend. The other could be a bank or an attorney with legal and financial expertise.

If You Don't Have a Will
If you die without a will (a condition called "intestate") a probate court will appoint an administrator to direct and manage your estate. The administrator's duties can include distributing your assets and naming guardians for your children. Be aware that the administrator is guided by local laws, not your wishes, when he or she makes decisions about your estate.
The court may require that the administrator be bonded to ensure that he or she properly performs the required duties. Your estate will pay the bonding fee, the administrator's fees, and other legal fees.

Don't Do It Yourself
Don't be tempted to write your own will. To be valid, a will must comply strictly with the law in your state. The law might require that a will contain specific language, be signed in a particular way, and have a certain number of witnesses.
Only about half the states recognize homemade wills. Even in these states, your DIY will may not stand up in court if it contains language that could be easily misunderstood. If a disgruntled family member attacks your homemade will in court, he or she could have the entire document declared invalid. If this happens, the state would distribute your property as if you did not have a will.

Holographic Wills
Holographic Wills are handwritten wills prepared by a testator in his or her own handwriting. Holographic wills do not have to be signed in front of witnesses or notarized. A holographic Will may be admitted to probate if the testator's handwriting can be proved by the testimony of at least one witness who was personally acquainted with the testator and has personal knowledge of the testator's handwriting. This can become a long process for the person who will maintain your estate.

Separate writing or memorandum
Separate writing or memorandum identifying devise of certain types of tangible personal property: A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be either in the handwriting of the testator or be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will. 15-11-513.

Deposit and Duties of a custodian
Deposit of will with court in testator's lifetime: A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will shall be sealed and kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination. 15-11-515.

Duty of custodian of will; lodging of will after death; transfer of lodged will; liability: (1) Within ten days after a testator's death or as soon thereafter as the death becomes known to the custodian of an instrument purporting to be the testator's will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the decedent resided or was domiciled at death for lodging in the records of such court. If the decedent was not a Colorado resident or domiciliary, the custodian shall deliver the will to the court having probate jurisdiction where the decedent was a resident or domiciliary at death, if known to the custodian, but if such residence or domicile is not known, to the court having probate jurisdiction in any Colorado county where property of the decedent was located at death. If the domicile, residence, and location of property are unknown to the custodian, or if the court having probate jurisdiction outside of Colorado refuses to accept delivery of the will, the custodian shall deliver the will to the court having probate jurisdiction in the Colorado county where the will was located. Upon being informed of the testator's death, a court holding a deposited will shall lodge the will in its records.

2) Upon the filing of a petition or application showing appropriate venue to be in another state or in another Colorado county, the court shall order the lodged will transferred to the court having probate jurisdiction in that state or county. Any person who willfully fails to deliver an instrument purporting to be failure.
(3) Any person who willfully refuses or fails to deliver an instrument purporting to be a will after being ordered by the court in a proceeding a will is liable to any person aggrieved for the damages that may be sustained by the brought for the purpose of compelling delivery is subject to penalty for contempt of court. 15-11-516

The probate court
The probate court or division has jurisdiction over all PERSONAL PROPERTY the deceased owned, plus all the real property the deceased owned which is located in that same state. If the decedent owned out of state real property, the laws of that jurisdiction will apply, unless there is a Will. If there is no Will, Probate is usually required in each state where the real property is situated, in addition to the home state. Even if there is a Will, after it is admitted to probate in the home state, it usually must be submitted to probate in each other jurisdiction in which the deceased owned real property. A separate probate action for such circumstance is known as ANCILLARY probate. Some states require the appointment of a Personal Representative who is a local resident to administer the in-state property.?

MY EDUCATION
I studied for my degree in Paralegal from 2000- 2003 here in Colorado
I have been an independent paralegal with my own business since 2003
I have work in many cases during the last six years Wills, Trusts, Divorces, Identity theft, Child name changes and Child- parent relocating. Administrative meetings, for unlawful termination, and home damages.
I also have what we call in our field a lawyer in standing, which if I feel is necessary, I will call into my clients case only with clients permission.
I am very current on Colorado laws, I am finishing a degree right now in Criminal Justice.

Contact Information
Regena Tumbleson
Eastern Plains Paralegal Services
Paralegal, Notary, Grant Writer.
(719)-347-2596 (office)
(719)-314-6438 (cell)
[email_address] (email)
http://www.linkedin.com/in/regenatumbleson
The above address is a link to my power point on Wills.

Disclaimer
I do not practice law, I just pass on information. I can help you fill out your papers for courts, I can put you in contact with a lawyer or attorney if you need further assistances.
Regena M Tumbleson

Regena Tumbleson Paralegal 3

by Regena on Jun 06, 2009

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Regena Tumbleson Paralegal 3 — Presentation Transcript