Legal Question in Wills and Trusts in Colorado

My 46 yr old step son advised me to have home re-fi to have my name removed from mortgage so when my husband dies it wont ruin my credit.I will not be able to afford the pmts. My husband is not well and been giving his things and money to his son for a few years


Asked on 1/13/14, 6:43 am

2 Answers from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

First, before you take any such action, consult with an attorney who specializes in estate planning.

Second, make sure you are talking to a qualified estate planning expert. If your stepson is not, then don't rely on his advice.

Third, do not proceed based on any advice from the internet other than to consult with a specialist.

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Answered on 1/13/14, 7:22 am
Dennis Valentine Law Office of Dennis Valentine

Mr. Greenberg's advice is good. There is not enough information in your email to be able to give you advice. You need to discuss your entire estate situation with a person with experience in estate planning and probate administration.

As one example, a Colorado "mortgage" typically consists of two parts - a promissory note in which the owner agrees to repay the loan and a deed of trust in which the lender gets the right to take possession of the property if the loan is not repaid. It is not clear from your email why the lender would release your obligation to repay the loan.

Many attorneys offer a free initial consultation. This provides the client and attorney an opportunity to briefly explore the client's situation and determine whether hiring the attorney is needed. I recommend that you contact an attorney before you take a relative's advice.

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Answered on 1/14/14, 9:51 am


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