Colorado Probate Blog - Wade Ash Woods Hill & Farley, P.C.

James R. Wade was born in Denver, Colorado. He is a former judge of the Denver Probate Court and is author of The Colorado Probate System and Colorado Law of Wills, Trusts and Fiduciary Administration. His articles have been published in The Colorado Lawyer, the Colorado Estate Planning Handbook, Trusts and Estates, which is a national professional... journal, and the Real Property Probate and Trust Law Journal. Mr. Wade has taught Wills, Trusts and Estates both at the University of Denver and University of Colorado schools of law and was a visiting professor of law at the McGeorge Law School and a visiting adjunct professor at the University of Miami Law School Graduate Estate Planning Program. He has served as advisor to various national commissions on probate and trust law standards and is a member of the National College of Probate Judges, the International Academy of Estate and Trust Law, and the American College of Trust and Estate Counsel (ACTEC), and a member of the Joint Editorial Board for Uniform Estate and Trust Acts. Mr. Wade's practice focuses on the areas of estate and trust planning, estate and trust administration, and estate and trust litigation. Mr. Wade has an AV rating with Martindale-Hubbell, and is also listed in Best Lawyers in America and Colorado Super Lawyers. More

Making the Law Keep Up

Intestacy laws determine how a person’s assets pass if there is no will. What should intestacy law provide with regard to same sex marriage and with respect to parentage involving genetic materials. Under the Uniform Parentage Act a person may have three parents (and correspondingly more grandparents).

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252 Hits

Third Party Rights: Small Estates and Non-Probate Assets

Many of our probate statutes are designed to carry out a decedent’s intention as expressed in his or her will. Certain rules of construction (survivorship, substitution of assets) apply to wills and revocable trusts as will substitutes. The statutes also provide for recognition and ordering of third party (non-beneficiary) interests in probate and revocable trust assets. These would include taxes, creditor claims, and family protection entitlement during the period of administration.

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992 Hits

Some Thoughts on Gifting

This commentary is provided by an author who is both a senior lawyer on the one hand and a father and grandfather on the other.

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637 Hits

Our Furry Friends

In perusing the bulletin board in our office lunchroom I notice that we have posted ten photographs of our loved ones. Seven are pictures of pets and three are pictures of children.

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872 Hits

Pretermitted Heirs

Suppose you have a will and then, following the execution of the will, get married/or have a child. Did you know that Colorado has a “pretermitted heir” statute which basically provides that, under those circumstances, the new spouse or child is granted an intestate share of your estate. The intestate share is 50% + for a spouse and an equal share of the balance for a child. The shares are to be distributed outright, and the failure to redo your will may seriously distort the pattern for distribution of your estate. For example, your present will may set up trusts for children which coordinate the management and timing of trust distributions for the benefit of your other, pre-existing children.

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1504 Hits