The answer, of course, is: “It depends.” A loved one death is always a difficult time, so, first things first, take a deep breath. There is usually nothing that needs to be done immediately so spend a little extra time with your family and friends.
Having a will or not having a will is not the determining factor of whether probate is required. The determining factor is what type of assets the decedent had and how those assets were owned.
Here some of the most common assets:
· A home: real estate will generally go through probate unless there is a joint owner, it is in a trust or there was a recorded beneficiary deed. The value of the property does not matter.
· Bank Accounts/Investment Accounts/IRAs: These all work the same. Should the account have a joint owner or a beneficiary, the account will not need to go through probate. The beneficiary or joint owner will just need to contact the financial institution with a death certificate, fill out their required paperwork, and the institution will pay out the money directly to the beneficiary.
o If there is no joint owner or beneficiary, and the account value is under $74,000, you may still be able to avoid probate with a Small Estate Affidavit. You can find it online by searching “Colorado JDF 999 and 998”.
o If you are not the beneficiary or joint owner the financial institution will likely not talk to you.
· Vehicles: This includes cars, boats, RVs and some mobile homes. Visiting the DMV with a will and a death certificate will typically allow the vehicle to be retitled without probate.
As we can see, what matters is what the assets are and how they were owned. Good luck and remember to just take it one asset at a time.
Editor’s Note: This article was submitted by Ryan N. Morey, an estate planning attorney at Morey Law, P.C. who may be reached at (719) 465-4324 or info@moreylawpc.com.
When a loved one passes away, their assets dont automatically go to their beneficiaries. Instead, they often go through probatethe legal process that settles a persons estate. But heres the catch: probate benefits creditors and the state first, not your family. If you want to ensure your loved ones receive their inheritance without delays, court fees, or unnecessary taxes, avoiding probate is key. What is Probate, and Who Does It Serve? Probate is a state-managed process that determines how a deceased persons assets are distributed. Most people assume its about making sure beneficiaries get their inheritance, but in reality, probate prioritizes: Creditors Any outstanding debts must be paid before the family receives anything. The Pennsylvania Department of Revenue The state collects inheritance tax before funds are distributed. The Court System Probate takes time, and courts often require attorney involvement, adding more costs. Only after these obligations are met do beneficiaries receive what remains. Unfortunately, this process can take months or even years, leaving families in financial limbo. Why Avoiding Probate is Beneficial By avoiding probate, you can: Speed up the inheritance process Beneficiaries receive assets faster. Reduce legal fees & court costs Probate can be expensive and time-consuming. Minimize stress for your loved ones No court battles or paperwork nightmares. How to Keep Your Assets Out of Probate The good news? You can take steps now to avoid probate altogether. Heres how: 1 Create a Revocable Living Trust Assets in a trust bypass probate and go directly to your beneficiaries. 2 Name Beneficiaries on Financial Accounts Payable-on-Death (POD) and Transfer-on-Death (TOD) designations let accounts transfer automatically. 3 Own Property Jointly In Pennsylvania, joint tenancy with right of survivorship keeps real estate out of probate. Take Action NowBefore Its Too Late Probate can be a long, expensive, and frustrating process for families already dealing with loss. The best way to protect your loved ones from unnecessary stress is to plan ahead. Lets discuss your options to keep your assets where they belongwith your family. Schedule a free consultation today: https://book.entrustedlegacy.law/#/introcall
Many Colorado Seniors and Disabled Adults are concerned about the recent funding discussions about Federal, not State, Medicaid changes, and how they might impact Long-term Care Medicaid benefits here in Colorado. There are 40+ different Medicaid programs in the State of Colorado alone, which are funded differently. Some of these Medicaid programs will be impacted by Trumps changes.At this time, it is important to know that the Medicaid changes imposed do not affect Long-term Care Medicaid in Colorado. If you are currently receiving Long-term Care Medicaid benefits or considering applying, you can rest assured that your eligibility, services, and coverage remain intact. Long-term Care Medicaid has already been funded for 2025, therefore nothing will change this year. In addition, there have not been any major changes to Colorado Long-term Care Medicaid in 20 years, and we dont foresee any changes now. In the meantime, if you have any questions about your coverage or need assistance navigating the Long-term Care Medicaid process, please dont hesitate to reach out to Beneficent. www.DoingGoodForOthers.com/contactus
This chilling scene from The Beekeeper is a dramatic yet realistic example of a type of phishing scam directed at seniors: Eloise, a retired schoolteacher, is on her computer looking over charity accounts that she manages when a virus warning pops up. She calls the provided number, which unknowingly to her connects to a call center operated by a phishing scam operation.The call center rep portrays a support desk tech and during his conversation with Eloise, he lies about the source of the virus warning. She falls into his trap by installing fake antivirus software, which links to all the charity accounts. The connected malware drains over $2 million from the charities Eloise runs. She realizes too late what has happened and is left in despair.Among the fastest-growing cybercrimes targeting seniors today are phishing or smishing scams. In phishing/smishing scams, criminals send fake messages to trick seniors into giving away personal information, such as passwords, credit card numbers, or even one-time passwords (OTP) for account verification.Why are seniors often preferred targets for these scams, and how can they stay protected? Heres a comprehensive guide to help you and your loved ones stay safe from smishing.Why Are Seniors a Preferred Target for Phishing/Smishing Scams?Seniors are often targeted by scammers for several reasons:Less Familiarity with Technology: Many seniors arent as familiar with new digital threats, making them more vulnerable to smishing and phishing techniques.Trusting Nature: Scammers exploit the trusting nature of seniors, knowing that they may be more likely to believe the legitimacy of a message.Isolation: Scammers often prey on seniors who may be isolated or lonely, making them more willing to respond to messages, even from unknown numbers.Financial Independence: Many seniors control their own finances or have access to retirement funds, which makes them valuable targets.Keep reading for more about the different types of phishing and smishing scams and how to recognize and avoid them.Common Types of Phishing and Smishing ScamsOne-Time Password (OTP) ScamOne-time passwords (OTPs) are security codes sent to your phone to verify your identity when logging into accounts or making transactions. Scammers try to trick seniors into giving up these codes, allowing them to take control of their accounts.Example Your Venmo account login is suspicious. Please verify your identity by providing the OTP sent to your phone.In this case, the scammer is pretending to be a trusted company and trying to get the OTP that was sent to you for your own security. Never share your OTP with anyone, especially through text messages or phone calls. If you receive an unexpected OTP request, its a red flag that someone may be trying to access your account.Bank Account and Credit Card ScamsThese messages often warn of suspicious activity on your bank account or credit card and ask you to take immediate action by clicking a link or providing your details.Example Your account at Bank of America has been temporarily locked due to unusual activity. Click here to unlock your account: www.fakebanklogin.com.Banks will never ask you to verify your account through a text link. Always contact your bank directly using the phone number from your card or statement if you suspect an issue.Delivery ScamsScammers will send messages claiming that you have a package waiting for delivery, but they need additional information to process it.Example UPS: We tried to deliver your package but need additional information. Please provide it here: www.fakedelivery.com.These messages are often designed to capture your personal information or steal credit card details. Always check with the delivery service directly through their official app or website.Fake Tech Support ScamsScammers impersonate tech support from well-known companies, claiming that your device has been compromised.Example: Microsoft: Your device has been infected with malware. Click here to install antivirus software immediately.Legitimate tech support will never contact you this way. These scams aim to trick you into downloading malicious software that can steal personal data.Government or Tax ScamsScammers impersonate government agencies like the IRS, warning about unpaid taxes or offering refunds in an attempt to steal personal information.Example IRS: You have an overdue payment of $1,500. Please pay immediately to avoid legal action.Government agencies will never ask for personal information or payments via text. Contact the agency directly if youre ever unsure.How to Report a Phishing/Smishing ScamIf you or a loved one encounters a suspicious text message, its important to report it to help stop the scammer from targeting others.Heres what you can do:Forward the Scam TextIn the U.S., you can forward scam texts to 7726 (SPAM). This service is provided by most major mobile carriers, and they will investigate suspicious messages.Report Scam to the FTC (Federal Trade Commission)You can report smishing and other frauds to the FTC by visiting their website at ftc.gov/complaint. Reporting these scams can help law enforcement track and shut down fraud rings.Report Scam to the Company Being ImpersonatedIf the scam text appears to be from a well-known company (like Amazon, your bank, or the IRS), you can report it directly to their fraud department.Block and Delete the Number from Suspicious MessageIf you receive a suspicious message, block the sender immediately and delete the text. Never engage with the message, as scammers can collect information based on your replies.Tips for Seniors to Protect Yourself from Smishing ScamsBe Skeptical of Urgent RequestsSmishing messages often create a sense of urgency, pressuring you to act quickly. Dont let the panic take overslow down and think it through.Verify with the Company DirectlyIf a message seems to come from a known company or institution, contact them using their official phone number or website. Never use the contact information provided in the suspicious message.Look for Red FlagsCommon red flags include poor grammar, generic greetings, and unsolicited offers. Trust your instinctsif something feels off, it probably is.Never Share Personal Information via TextLegitimate organizations will never ask for your passwords, credit card numbers, or OTPs via text. Always keep this information private.Install Security SoftwareThere are security apps that help detect and block phishing or smishing attempts. Consider installing one to safeguard your mobile device.Educate Your Loved OnesTalk to seniors about these common scams, and make sure they feel comfortable asking for help if they receive a suspicious message. Staying connected and informed can make all the difference. Keep Alert for New Scams Targeting SeniorsBy educating yourself and your loved ones about smishing and other scams, you can reduce the risk of falling victim to these harmful schemes. Always be cautious, never share personal information through text, and report suspicious activity immediately. Remember: when in doubt, dont click, dont reply, and always verify.
Morey Law, P.C. is different from most other law firm; we concentrate on planning rather than litigation.We are firm believers that it is better to do a few things very well therefore we practice exclusively in three areas of planning: Medicaid Planning, Will & Trusts; Business Planning. We also offer free initial consultations.
Morey Law, P.C. is different from most other law firm; we concentrate on planning rather than litigation. We are firm believers that it is better to do a few things very well therefore we practice exclusively in three areas of planning: Medicaid Planning, Will & Trusts; Business Planning. We also offer free initial consultations.
Morey Law, P.C. is different from most other law firm; we concentrate on planning rather than litigation.We are firm believers that it is better to do a few things very well therefore we practice exclusively in three areas of planning: Medicaid Planning, Will & Trusts; Business Planning. We also offer free initial consultations.