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Kevin Michael StraitAttorney in Fort Collins, Colorado
- Arbitration & Mediation, Business Law, Estate Planning ...
Claimed Lawyer ProfileOffers Video ConferencingQ&A
- Arbitration & Mediation
- Business - Arbitration/Mediation, Consumer - Arbitration/Mediation
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Intellectual Property
- Probate Administration, Probate Litigation, Will Contests
- Trademark Registration
Additional Practice Area
- Aviation Law
- Google Meet
- Microsoft Teams
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
Jurisdictions Admitted to Practice
- Colorado Supreme Court
- ID Number: #56689
- English: Spoken, Written
- R&D Engineer
- Afton Chemical Corp.
- Regent University School of Law
- Virginia Commonwealth University
- B.S. | Physics
- State Bar of Colorado
- Lawyer-Pilot Bar Association
- International Air & Transportation Safety Bar Association
- Fort Collins Chamber of Commerce
- Denver Bar Association
- Colorado Pilot's Association
- Aircraft Owners and Pilots Association
Articles & Publications
- Patent: US9340746
- Patent: US8490471
- Advanced Ground Instructor
- Federal Aviation Administration
- Private Pilot License
- Federal Aviation Administation
- Locksmith & Electronic Security Consultant
- Department of Criminal Justice Services (Virginia)
Websites & Blogs
- Anzen Legal Group
41 Questions Answered
- Q. Deceased Devisee
- A: This response is generalized information related to Colorado inheritance, and is not legal advice specific to your situation. Gifts made in a Will are sometimes given special attributes, conditions, or rules. A gift that fails to meet the conditions required in the Will can "lapse." A lapsed gift cannot be collected by an heir. One common condition placed on gifts in a Will is the attribute of the recipient surviving the deceased person. Certain language in the Will can make the gift valid even if the recipient dies first. That recipient's estate, or more likely that persons heirs, can still collect the gift. But another common condition in a Will is that a gift will lapse if the named recipient is not alive to collect the gift. A lapsed gift is terminated, and the Will probably includes rules for handling any terminated gifts. The exact conditions that apply to any specific gift made in any specific Will are unique. Colorado does not require any formal language in a Will to make a gift, or to make the gift with conditions. Some Wills are vague or fail to specify any conditions at all. You may want to consult a Colorado attorney to interpret the Will and tell you if the gift to your father has lapsed or if the gift to your father is collectable by an heir. An attorney can likely interpret the conditions that apply to the gift at a relatively low cost.
- Q. Do I have to hire a lawyer to be appointed Personal Representative of my late husband’s estate?
- A: I'm sorry to hear of your husband's passing. In Colorado, no attorney is needed to be appointed as the personal representative of an estate. A personal representative is given several responsibilities, such as collecting all the deceased person's possessions, making gifts of the possessions and savings according to the will, filing that persons final taxes, and notifying anyone that might claim a debt against the estate of the deceased person. There are similar procedures for becoming personal representative if there is no will left by the deceased person. Collectively, the tasks mentioned above, along with other duties, are the probate process. These tasks may be comfortable for a person with financial training, a legal background, or with good organization skills. However, these tasks may be challenging and uncomfortable for someone who is less organized, dislikes formal rules, or is still grieving a deep loss. Our law firm usually finds the grief to be one of the biggest hinderances when a person tries to settle the estate of a loved one. Some people need time to heal, and a trusted law firm can take the paperwork off your to-do list. Colorado courts use forms and templates for many routine probate tasks. Take a look at your county's court website and search for probate forms. You will likely find the correct form to submit a will to the county court and ask to be named as the personal representative. Be aware - the government will place several serious responsibilities on your shoulders if you begin the paperwork to become the personal representative. If you wish to avoid the paperwork, or worry that the responsibilities might be too much, contact a Colorado attorney for help. This is generalized information regarding Colorado law, and is not meant to be legal advice specific to your situation.
- Q. My mother had her will drafted in Colorado, but has moved to Texas before it was witnessed or signed.
- A: Generally, Wills are made under the laws of the state where a person lives. A complete, valid, signed, notarized, and witnessed Will made in any state is usually good in other states, meaning a person with a completely formed Will can move to a new state and the Will is still valid. Unfortunately, Wills are state-specific when formed, and each state has certain formalities to make a Will valid. Though I cannot give you legal advice specific to your situation, there are many pro bono programs in Texas that can take a Colorado draft of a Will and create a version meeting Texas law. Consider asking a local bar association for help with a low cost or no cost program to re-create the Will under Texas law.
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