Trusted Personal Representative of Estate Attorneys in Denver
Compassionately Honoring Final Wishes
Navigating the complexities of being a personal representative can be challenging, especially during a time of grief. At Jorgensen, Brownell & Pepin, P.C., our attorneys are committed to helping you honor your loved one's wishes. Whether you have been entrusted by the court or designated in a will, our Denver lawyers provide the expert guidance and personalized legal services you need throughout the process.
Your Role as a Personal Representative
Personal representatives are responsible for fulfilling the final wishes of departed loved ones. They may also be responsible for managing several other aspects, all in support of the wishes and legacy of the deceased. Considerations can include:
Personal Aspects
- Arranging services for the final resting place
- Notifying heirs, beneficiaries, and other family members
- Providing emotional support during this difficult time
Business Needs
- Informing government agencies, creditors, and banks of the passing
- Addressing ongoing or outstanding contractual obligations
- Managing interests or other legal issues
Estate Matters
- Distributing assets
- Securing property
- Handling debts or taxes
How We Assist Personal Representatives
Don't navigate your personal representative responsibilities alone during this time of loss. Let our compassionate Denver attorneys support you by assisting with the following:
- Estate administration needs: From probate petitions to court filings and letters of testamentary, we can prepare all necessary legal documents.
- Probate guidance: Gain a better understanding of the probate process, legal requirements, and deadlines with our guidance.
- Resolving disputes: It's common for issues to arise among those involved. We're here to bring about swift, fair resolutions.
- Planning for the future: Draft wills, personal representatives, and complete all necessary documents to ensure your own estate is protected.
Frequently Asked Questions
How is a personal representative appointed?
A personal representative is usually named in the deceased’s will; however, this nomination must be confirmed by the court before any action can be taken regarding assets or debts. If no will exists, or the named individual is unable or unwilling to serve, the court will appoint someone. Our attorneys can assist in the appointment process, ensuring it aligns with legal requirements and the estate's needs.
What happens if the deceased person has debt?
In such cases, many family members are concerned that the debt burden will fall on them. Unless a family member co-signed on the debt, the surviving family is not responsible for the deceased person's debt. The decedent’s debt(s) stay their debt(s). However, creditors must navigate certain statutorily-required steps to possibly be considered for and entitled to payment, including the presentation of a claim to the personal representative or file the same with the court. Note, a bill received in the mail does not satisfy the claim presentation requirement. Further, potential creditors must act within certain statutorily-prescribed time limits in order to be considered for possible payment.
Creditors may begin calling soon after death. Don’t simply agree to pay them. Creditors must satisfy the statutory criteria entitling them to payment before such should be made. Moreover, paying one creditor before others could be deemed as showing preference and violate your fiduciary duties as personal representative.
Furthermore, creditors otherwise entitled to payment are nevertheless very commonly willing to accept substantially less than the face value of the debt in satisfaction of the same. Thus, we always advise waiting until expiration of the applicable creditor claims period, as well as inventorying the assets and expected expenses of the estate, before evaluating any claims for possible payment, disallowance, or negotiation for satisfaction of the debt for less than what was alleged to be owed.
Can I be held personally liable as a personal representative?
Yes, if you mishandle estate assets, fail to fulfill your duties, or engage in misconduct. However, if you act in good faith, follow proper procedures, and seek professional advice, you can minimize the risk of personal liability. It's essential to keep accurate records, communicate transparently with beneficiaries, and speak to our experienced legal team throughout the course of administration of the estate.
What if there are disagreements among beneficiaries?
Disagreements among beneficiaries can arise during estate administration, particularly regarding the will's validity and/or distribution of the estate among the heirs or devisees. As a Personal Representative, your role is to remain impartial and work to resolve disputes fairly and transparently. You should seek legal counsel to navigate disputes, and litigation, if necessary, ensuring the interests of all parties are addressed while fulfilling your fiduciary duty and insulating you from personal liability.
How long does the estate administration process typically take?
In general, the process can take anywhere from six months to several years to complete. Timelines can vary depending on factors such as the complexity of the estate, the presence of disputes or legal challenges, and the probate laws.
Turn to Jorgensen, Brownell & Pepin, P.C. for Compassionate Guidance
Whether you are handling disagreements among beneficiaries, struggling to carry out your loved one’s final wishes, or simply wish to have a seamless experience while fulfilling your fiduciary duties, we can help. We’ve guided countless personal representatives through the process and are here to assist you in any way possible.
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