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AV Preeminent Peer Rated Attorneys
Cripple Creek Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Cripple Creek Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • 712 S. Nevada Ave., Colorado Springs, CO 80903

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  • 24 S. Weber St., Ste. 300, Colorado Springs, CO 80903

  • 90 South Cascade, Suite 480, Colorado Springs, CO 80901-2682

  • 830 N. Tejon St., Ste. 408, Colorado Springs, CO 80903

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  • 1216 W Colorado Ave., Ste. 2, Colorado Springs, CO 80904

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

If person on mortgage passes away and I am on the deed, how can I keep the property?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
It should not have been possible for you to be an owner without being a party to the mortgage. The question becomes one of priority did your roommate deed you your interest in the property after taking the mortgage? (Or did you deed all the property to Roommate, the mortgage got signed, and Roommate deeded half back?) In that case, you'd be subject to the mortgage and you'd have to pay it. There are a couple of important questions: is the deed a survivor-ship deed, so that you inherit all the property? Or are you now joint owners with whoever takes Roommates intestate estate? If the latter, are these people you can work with? I recommend that you have a lawyer review the specific details. A few hundred dollars of legal advice now may help you avoid a big mistake, or avoid a large loss.
It should not have been possible for you to be an owner without being a party to the mortgage. The question becomes one of priority did your roommate deed you your interest in the property after taking the mortgage? (Or did you deed all the property to Roommate, the mortgage got signed, and Roommate deeded half back?) In that case, you'd be subject to the mortgage and you'd have to pay it. There are a couple of important questions: is the deed a survivor-ship deed, so that you inherit all the property? Or are you now joint owners with whoever takes Roommates intestate estate? If the latter, are these people you can work with? I recommend that you have a lawyer review the specific details. A few hundred dollars of legal advice now may help you avoid a big mistake, or avoid a large loss.
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Does my wife have any rights to the house that my father left me in his will?

Answered by attorney Christine James
Estate Planning lawyer at James Law Group
I assume your children would let your wife stay there? It is basically yours and then your children's. If you die before your wife, your kids can let your wife stay there. I would make sure your sister as executor transfers the house properly as soon as she legally can so there are no issues down the road.
I assume your children would let your wife stay there? It is basically yours and then your children's. If you die before your wife, your kids can let your wife stay there. I would make sure your sister as executor transfers the house properly as soon as she legally can so there are no issues down the road.
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In CO, can a durable POA sign a quit claim deed while patient is actively dying/non-responsive,then record said quit claim deed weeks after his death?

Answered by attorney Susan Kathleen Morath
Estate Planning lawyer at Morath Law Partners
As a purely technical matter, the agent under a valid power of attorney would have the authority to take this kind of action.  Powers of attorney are specifically given to be used in circumstances where the principal (your decedent) cannot take action himself. That said, there may be other circumstances, such as an improper influence by someone else, or a breach of fiduciary duty, that could impact a court's willingness to uphold the transfer. You would need to have a lawyer thoroughly review the situation.
As a purely technical matter, the agent under a valid power of attorney would have the authority to take this kind of action.  Powers of attorney are specifically given to be used in circumstances where the principal (your decedent) cannot take action himself. That said, there may be other circumstances, such as an improper influence by someone else, or a breach of fiduciary duty, that could impact a court's willingness to uphold the transfer. You would need to have a lawyer thoroughly review the situation.
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