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Denver Attorney News

How Are My Assets Transferred In My Will?

Most people, when they traditionally think of a will, they think, "When I die, this is where my assets are going." And that is in fact something that a will can do, but that's not the only thing a will can do for you. The other thing that a will can do, is it can leave wealth with conditions. So, yes, the will can transfer your assets, but you can...
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What Is A Living Will and Do I Need One?

A living will is also called an advanced medical directive, it's a medical document that I would recommend anyone over the age of 18 have. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today or 303-798-2525.
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What is The Difference Between A Will versus Trust

There's a lot of differences between wills versus trust. There's no right answer for every person. I see a lot of people that come to me and they say, "I don't need a trust. It costs more to draft that. I just want to do a last will and testament." Well, that's a misconception. A last will and testament may not be appropriate for you, which is why the initial...
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Can I Name More Than One Executor To My Estate?

Whether or not you should name more than one personal representative or executor or executrix depends on your situation and I would have to advise you based off of your personal situation. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today or 303-798-2525.
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First Misconception In Estate Planning

Misconceptions that I hear just from the general public and from some clients. The first one would be, I don't need an estate plan. The state of Colorado is just going to take care of it for me. Well, there is some truth to that. You don't necessarily have to have an estate plan for your assets to be transferred at death. You don't necessarily have to have an estate...
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What Happens If Someone Passes Without A Will?

If somebody passes away without a will, the state of Colorado has a default plan, and that default plan is going to be the same for everybody. However there are always exceptions. For more information about family law or divorce matters in Colorado, contact Miller & Steiert, PC today or 303-798-2525.
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What Is Probate?

Probate is a judicial process, so what that means is a court is involved and the purpose of this process is to transfer assets from an individual who has passed away, the decedent, to the appropriate people who are living. Now the appropriate people depends on a few things, if you have an estate plan, it's the people you've named in your estate plan and the probate process will transfer...
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What Is The Process For Getting Divorced When Children Are Involved In Colorado?

The process for getting a divorce in Colorado when you have children is exactly the same as the process if you didn't have children. You will have to file a petition for dissolution of marriage and all the necessary paperwork in the county where you reside. The court will then accept the paperwork, require financial disclosures, require a parenting after divorce class. Watch the video to learn more.  For more...
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Can I File For Divorce and Child Custody At The Same Time?

In any divorce in Colorado, if there are children, a court will always consider child custody or the parental responsibilities for each of your children or the child that's in the marriage. It's a mandatory requirement and is one of the major things that a court considers and has to determine in finalizing any divorce. If you are going through a parent custody battle, or need parental responsibilities help, or...
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What Is The Difference Between Legal and Physical Custody?

In Colorado, there's not a difference between legal and physical custody. The court will consider and will determine in any divorce or in any allocation of parental responsibilities what is called parental responsibilities. That means parenting time, which is mostly overnights, and then the decision making that each parent has on the health and welfare of a child. To learn more, watch the video.   For more information about family...
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What Are The Steps For Getting A Divorce In Colorado?

The steps for getting divorced in Colorado are fairly easy and straightforward. To start a dissolution of marriage or divorce, you file a petition for dissolution of marriage with a court in the county where you reside. You would then have to disclose certain financial documents. You have to go to mediation in most counties and in mediation if you're not able to resolve the issues or agree with your...
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America's Top 100 Attorneys

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AMERICA’S TOP 100 ATTORNEYS® LIFETIME ACHIEVEMENT SELECTION   July 26, 2017 – Announcing the Lifetime Achievement selection of Mike Miller among America’s Top 100 Attorneys®. Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or...
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148 Hits

How Long Does It Typically Take To Get Divorced?

The time in Colorado to get divorced depends wildly between various counties. By statute, someone can get officially divorced within 91 days of the service of the documents on the other spouse or the other party. Generally speaking, if you have that go to trial in Colorado for your divorce case, you could be anywhere from six to eight months to a year before your divorce is finalized. For more...
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How Is Child Support Determined In Colorado?

Child support is determined here in Colorado by the calculation of each party's gross income, the calculation of the amount of overnights that each party has with the children or child, the amount of money that's spent for daycare, for health insurance, for extraordinary expenses. When all of those numbers are calculated, the court will make a determination of the child support based on each of those numbers and based...
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What Is Parenting Class And Will I Have To Take It?

In Colorado, anytime you have a divorce or an allocation for parental responsibilities case that's filed and obviously involves children. You do have to take what's called a parenting after divorce class. Watch the video to learn more. 
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What Should I Look For In A Divorce Attorney?

Finding a divorce attorney who fits you is one of the most important things that you can do in your divorce and for yourself in the divorce process. You will be spending a significant amount of time communicating with this individual, working with this individual, and relying on this individual's advice, guidance, and help throughout the entire process. One of the most important things that you would want to consider...
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What Is A Parenting Plan And How Are They Determined?

A parenting plan in Colorado is the overall plan by which each party determines and takes its parenting time or its time with each child. It's based initially on the best interests of the minor children or the child. What that means is the ability of the parents to co-parent, the ability of the parents to make decisions together, what is ultimately in, what is called the best interest of...
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Do You Have To Be Legally Separated Before Filing For Divorce?

In Colorado you do not need to be legally separated before you file for divorce. We've had many instances where the parties continue to live together in the same household before, during and even through the very end of a divorce process. I wouldn't encourage people to continue to live together just because of the amount of stress and anxiety and disputes that arise during a marriage but you do...
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How Is Property And Assets Divided During A Divorce In Colorado?

In Colorado, property and assets are one of the many things that a court has to consider in completing a divorce and the divorce process. Assets specifically are divided equitably, is what the statute requires, and what in practice that means is usually a fairly equal division of the assets between the parties. Watch the video to learn more.  For more information about family law or divorce matters in Colorado,...
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How Should You Prepare For A Child Custody Case

Proper preparation of your divorce or your allocation case is critical. Initial preparation involves making sure that your attorney or your other representative really understands the case, understands all of the facts, the circumstances, your interaction with the children, the children's interaction with you, the relationship that you have with your significant other. That first step to make sure that everyone is on the same page is critical to any...
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