More Than 15 Years Of TrademarkExperience In Greater Denver
July 5, 2021
When a person dies, the assets, property, and debts they leave behind become the responsibility of their surviving loved ones. However, adequate preparation on your part can help alleviate these responsibilities. Sweeney Probate Law, our team strives to help our clients prepare for the end of their lives by creating comprehensive estate plans—legal plans set in place to distribute their assets to their loved ones according to their wishes. Unfortunately, if you do not make […]
June 3, 2021
Scientific developments have made possible the use of assisted reproductive technologies to create alternative families. One problem is determining parenthood in cases of after death conception (post-mortem conception.) If you die without a will in California, your assets will go to your closest relatives under state “intestate succession” laws. What intestate (without a Will) inheritance rights does the after death conceived child have? Consider the following: Through artificial insemination of his mother a baby boy […]
May 20, 2021
What happens if a person makes a will and thereafter marries, or registers as a domestic partner, and the new spouse, or new domestic partner, is not provided for in the will or otherwise provided for or disinherited? Unless a Will or Trust provides for a new spouse or domestic partner, or clearly indicates the new spouse or domestic partner will receive nothing, the marriage effectively and automatically invalidates any pre-existing Will or Trust. If, […]
May 18, 2021
California’s “statute of frauds” requires that a deed that transfers title in real property must be in writing. The parties to a grant deed are the grantor, the owner, and the receiver of title, the grantee. With a quitclaim deed the owner transferring the property is commonly called the “quitclaimor.” Many falsely believe only the act of recording a deed transfers title and if not recorded the deed is ineffective. There are times when an effective deed […]
May 17, 2021
An “ancillary probate” is a proceeding when a person dies with property in more than one state or dies in one state with property in another. If a person dies owning assets in his or her sole name or as a tenant in common, then chances are the assets will need to be probated in order to get them out of the decedent’s name and into the names of his or her heirs or beneficiaries. […]
May 14, 2021
In general, probate means that there is a court case that deals with: Deciding if a will exists and is valid; Figuring out who are the decedent’s heirs or beneficiaries; Figuring out how much the decedent’s property is worth; Taking care of the decedent’s financial responsibilities; and Transferring the decedent’s property to the heirs or beneficiaries. In a probate case, an executor (if there is a will) or an administrator (if there is no will) […]
May 13, 2021
A common question that a probate attorney is asked is how to obtain a copy of a last Will and Testament. Locating the Will may be urgent if funeral or burial instructions are contained in the Will or if anatomical gifts or the authority to conduct an autopsy are granted in the Will. First of all note that you cannot ask to see a copy of a living person’s Will – this is because while […]
May 12, 2021
In California, spouses or registered domestic partners are given privileged status in regards to collecting the assets of their deceased partner’s estate. After the death of a spouse or domestic partner, a spousal property petition can be used to transfer assets from the deceased spouse or domestic partner to the surviving spouse or domestic partner. It is a simplified probate, and takes much less time than a full probate. Legal fees are usually much lower […]
May 11, 2021
Blended families, which are now quite common, come in all different shapes and sizes. For example, the husband may have his own children, the wife may have her own children and the couple may have children together. For most, a second marriage or more can be a blessing. But for some they come with special challenges, especially in the area of probate. When you and/or your spouse have children from previous relationships, in addition to their […]