Legal Question in Elder Law in Colorado

can a home be assigned by a father that at his time of death goes to the daughter, will this cease any probate tax

Asked on 8/21/13, 8:06 pm

1 Answer from Attorneys

Dave Rich Flatiron Legal Advisors, LLC

There is no such thing as "probate tax." If you own real estate when you die, you do have to go through probate. The estate might have to pay estate tax if it owns more that $5.12M in assets. You can avoid probate often if the house is the only major asset by using a beneficiary deed, which transfers the property at death. I charge $200 to do a beneficiary deed if you would like help - we also can discuss your estate planning in general for a few minutes included in the $200 if you have other questions. I hope this helps.

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Answered on 8/22/13, 7:57 am

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