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Denver Attorney News

Do Wills Need To Go Through Probate?


If you are going through the probate process based off of the assets, then the will absolutely will be going through probate. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
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When A Person Dies, Does All Property Have To Go Through Probate?

Does everybody have to go through probate? Meaning do all of our assets upon death need to go through the probate process? There are two major categories of assets that are going to be triggering the court process. The first one is real estate. If you own real estate individually, in your name alone, whether you're the only owner of the property or if you own a percentage interest as...
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What Is A Digital Asset?


A Digital Asset can be any type of electronic communication, but many other things as well. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
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What To Consider When Planning For Digital Assets When You Die

There are several things that you can do to plan for digital assets when you die, and that's going to be a part of not only the estate plan that we would draft for you hear at Miller and Steiert, but it would also be through the custodian of the accounts. For example, Google would be a custodian. One of the things that you can create are a list of...
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What Do Severance Agreements Usually Cover?


The common terms in the severance agreement would include things like the amount of the payment; the timing of the payments, if it's going to be in one lump sum or if it's going to be over months of time. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
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What Should I Expect During My Initial Consultation?

It can be kind of scary coming in to talk to an attorney for those who want to come in for an initial consultation at our office. Before the meeting our paralegal will be sending you an intake questionnaire. It's very important that the intake questionnaire is filled out prior to the meeting. We want to use the hour, hour and a half that we have for the initial meeting...
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How Are My Assets Transferred In My Will?


It's very important if you have minor children that we designate a guardian. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
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2nd Misconception In Estate Planning

The 2nd misconception that we see out there is that I don't need to use an estate planning attorney. I'll just use online forms. Well, I've seen some online forms work. They typically don't and the reason why is most online forms are going to be generic for every single state. Some companies do promote the fact that their online forms are state specific, but that's not always the case....
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Can I Name A Guardian For My Minor Child?


It's very important if you have minor children that we designate a guardian. A last will and testament is a fantastic document to do that because it addresses, when I die this is what's supposed to happen. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
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What Is A Living Will and Do I Need One?

A living will sometimes be confused with a last will and testament. Of course, we're lawyers, we make everything confusing, and we use the term will in multiple documents. A last will and testament says, when I die this is where my assets are going. That is not a living will. A living will is also called an advanced medical directive, it's a medical document that I would recommend anyone...
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What is The Difference Between A Will vs. Trust


You don't just need a will or you don't just need a trust. We need to figure out based off your individual, personal situation what's the most appropriate avenue for you. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
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What Happens If Someone Passes Without A Will?

If somebody passes away in Colorado without an estate plan, so with no will or no trust, lucky for us, the state of Colorado has a default plan, and that default plan is going to be the same for everybody. When I say lucky for us, I say that sarcastically because it's not always what you want to happen. The state of Colorado has to assume that everybody wants the...
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99 Hits

First Misconception In Estate Planning


The first misconception in Estate planning is that you don't need an estate plan. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
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How Do You Modify or Appeal a Divorce or Child Custody Decision?

The term executor or executrix is not the term we use in Colorado. We hear our clients use that term a lot. The term we use in Colorado is gender neutral, and it's called a personal representative. That is the exact same thing as an executor or executrix. That's the individual who's going to be named to handle your estate. If you're going through probate, they're the ones who are...
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What is Probate?


Probate is a judicial process where a court is involved and the purpose of this Probate is to transfer assets from the deceased (the decedent), to the appropriate people who are living. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
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What Are The Recent Changes To Colorado Law Regarding My Digital Assets?

There's a new law in Colorado regarding digital assets, and we affectionately refer to the law as RUFADA. That stands for the Revised Uniform Fiduciary Access to Digital Assets Act. It is a mouthful, but what this act is trying to do is it's trying to reverse the issues that federal law has presented. Under federal law it's actually illegal for somebody to get access to your digital access using...
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Who May Have Access To My Digital Assets?


If you want to get access to social media, the Power of Attorney must specifically state that your agent has the right or ability to get access to that account. The second individual would be a trustee of a trust and third would be a conservator of somebody's estate. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
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What Are My Options If The Deceased Has Not Left A Plan For Digital Assets?

If a loved one has passed away and there is either no planning in place or the planning that is in place does not address digital assets, unfortunately the answer is that there's not much that we can do. The terms of service in federal law are likely going to control, in which case nobody can use your username or password to get access to those accounts. Now, with that...
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What To Consider When Planning For Digital Assets When You Die


One of the things that you can do is to create a list of user names and passwords. Here at Miller and Steiert, we keep up on all the changing laws with digital assets so that your estate plan is also up to date. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today www.m-s-lawyers.com or 303-798-2525.
113 Hits

What Is A Digital Asset?

Traditionally, when people think of assets when they die, they're thinking of either a tangible asset like a car, jewelry, furniture or they're thinking about some type of financial account like a life insurance policy or a bank account, investment accounts, but now that we're living our lives in the digital world, we need to also consider those kinds of assets as part of the estate plan. What can encompass...
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MILLER & STEIERT, P.C.
1901 West Littleton Blvd
Littleton, CO 80120
Phone: 303-798-2525
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