Where Does My Property Go If I Die Without a Will?

If you die without a will, your property goes where the state tells it to go. Being will-less is called being “intestate.” Each state has its own intestacy statutes that determine what happens to your estate when you have no will. What happens to my property if I don't have a will? Andersen Law PC explains

However, not all property is covered by these statutes (or included in a will if you have one). This property will transfer to whoever you name as beneficiary or to a surviving co-owner. This includes proceeds from a life insurance policy, property you have already transferred to a trust, retirement account funds, such as 401(k)s or IRAs, property owned in joint tenancy with someone else, real estate held by beneficiary deed or by transfer-on-death, payable-on-death bank accounts, and securities held in a transfer-on-death account. Continue reading “Where Does My Property Go If I Die Without a Will?”

How Do I Get the Court to Write an Order?

When a party wants the court to order the other party (or both parties) to do something, she must first make a motion with the court, explaining why she wants what she wants, what the facts are, what law applies, and how she wants it enforced. 2.8.17.Andersen.Order

There are a few ways to do this. The judicial website has several forms in its library that apply to various situations. The court likes parties to use these JDF forms when petitioning the court to take an action. The forms include a motion (asking the court to do something) and a proposed order (which the judge would sign if he agrees with the motion). If the judge signs the proposed order, it becomes enforceable by the court. Continue reading “How Do I Get the Court to Write an Order?”

How to Become a Notary in Colorado

Ever thought of becoming a notary? Here are the steps necessary to becoming one in Colorado. Notaries are regulated by the Colorado Secretary of State, so first click here to go the website. You will find a checklist of documents you will need before you can register with the Secretary of State. How to Become a Notary in Colorado - Andersen Law PC

These include:

  1. An affirmation signed by you in front of a notary. This form is provided on the website.
  2. Copy of an ID card, such as a driver’s license.
  3. Non-U.S. citizens must supply a permanent resident card or Employment Authorization Document (EAD) card.
  4. Training certificate from a state-approved trainer, issued in the last six months.
  5. Exam certificate.

To qualify to become a notary you must:

  • Be a Colorado resident.
  • Be 18 years of age or older.
  • Be able to read and write the English language.
  • Have Colorado addresses and telephone numbers for business and residence.
  • Never have had a notary commission revoked.
  • Never have been convicted of a felony or in the past five years, a misdemeanor involving dishonesty.

The Secretary of State offers online training and certification free through its e-learning notary training course, found here. You will be required to set up an account. Once you’ve enrolled, you can begin studying the free materials. You will find six modules to study. The estimated time of completion is a little over two hours. Once you’ve done this, you will be able to print your training certificate. Or you can take the training in a classroom. Click here for that information.

If you don’t want to use the secretary of state’s training class, you can go through an outside vendor. A list of approved training classes can be found here. Some of these are classroom setting, online, or a combination of the two.

Once you have finished your training, you need to take the exam. You will take that on the Secretary of State’s website, the link to which you can find here. Once you have passed the exam, you will be able to print completion certificate. You will take this and the other documents listed above and upload them to the Secretary of State website. Once you’re at the website, you’ll log in, submit the documents online and then wait for notification by email. Once you’ve received approval via email, you’ll print your commission certificate, obtain an official notary seal and a journal, and you are ready to begin notarizing!

Some of the training class vendors include the notary seal and journal with their course. Otherwise, you can find them at office supply stores like Office Depot.

Looking for Long-Term Care: The Good, the Bad and the Ugly

There are several steps you can take to make sure that you are not making a decision about a long-term care (nursing home or assisted living) placement for your loved one or yourself at the last minute. It’s important to look around ahead of time, consider long-term care insurance and get in-home care before that fateful broken hip or other accident occurs.

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However, if you do end up in that precarious position, a hospital discharge about to occur, you may end up facing the “bad” or the “ugly” side of placement. For example, the hospital may push rushed placement into a subpar facility. Some of these have low rankings, insufficient nursing care, understaffed Alzheimer’s wings warehousing over-medicated individuals in rows of wheelchairs.

If you think I am exaggerating for effect, I am not. I was privileged to work at the Community Support Services unit of MFY Legal Services in New York. This agency successfully brought proceedings against adult homes labeled “hell homes” by the New York Times due to horrors such as bedsores, rat bites, insufficient food and unexplained deaths.

On the other hand, Colorado has wonderful facilities full of loving and skilled care.

Here are some things to look for in order to get the GOOD without the BAD and the UGLY.  Continue reading “Looking for Long-Term Care: The Good, the Bad and the Ugly”

Small Business Tips: How to Start an LLC in Colorado

How To Start an LLC in Colorado - Andersen Law PC

Creating a Limited Liability Company (LLC) is an appealing option when starting a business of any size. True to its namesake, an LLC provides its members limited liability in several areas.

First, an LLC protects its members’ personal assets from being used to satisfy the business’ debts. This makes LLCs an attractive investment option as well, as investors are not personally liable for the business’ debts either. Next, LLC members are typically sheltered from litigation if the business is sued. Further, more tax deductions are available to LLCs than to any other business structure, including deductions for health insurance, pension plans, and travel, automobile, entertainment, and medical expenses. Lastly, in contrast to corporations, an LLC avoids double taxation because an LLC’s income is included in the personal income tax returns of its members (unless an LLC elects to be taxed as a corporation). Continue reading “Small Business Tips: How to Start an LLC in Colorado”