Areas of Practice:

Elder Law
Estate Planning
Wills and Trusts
Estate Administration
Trust Administration
Real Estate

Legal Lingo

Agent:  The person named in a power of attorney to act on the principal=s behalf.  Sometimes called an attorney-in-fact.  It is extinguished at death.

Beneficiary Deed:  A revocable deed designating persons to receive your Colorado real estate while avoiding probate.     

  An amendment to a will.

Community property:
  Assets a married person acquires during the person=s marriage while living in a community property state.

  A court proceeding in which a judge appoints a person or organization (the conservator) to take control of and manage the financial affairs of an incapacitated person.

Estate administration:
  Sorting out what happens to a person=s estate after the person dies.

Estate tax:
  A tax on assets owned by a decedent at death. 

Gift tax:
  A tax on gifts made while the giver is alive.  No tax is due until the giver has used up his or her lifetime gift tax exemption amount.

  The person creating and signing a trust.  Sometimes called the settlor or trustor.

  A court proceeding in which a judge appoints a person to deal with personal and medical affairs of an incapacitated person.

Holographic will:
  A will where all material provisions are in the testator's handwriting.

  A person who dies without a valid will dies Aintestate@, and Colorado Law determines who is entitled to the deceased’s assets. 

Life estate deed:
  An irrevocable deed transferring the remainder of real estate upon owner=s death.

Living Trust:
  An estate planning document used to transfer assets at death while avoiding probate.

  A combined Federal and State program that pays for care services (nursing homes) for people who have few assets and limited income.

  A federal program that provides health insurance for individuals who have certain disabilities or are 65 or older.

Personal Representative:
  The person a judge appoints to handle the probate estate, (pay debts and distribute assets). The term Executor is used in other states.

Pour-over will:
  A simplified will that directs that any probate estate assets transfer at death (pour over) to trust ownership.  Used with a living trust.

Power of attorney for financial matters:
  A legal document in which you name one or more agents to manage financial and property affairs for you.

Power of attorney for medical care:
  A legal document in which you name one or more agents to be your medical advocate.

  The person who signs a power of attorney.

  A court proceeding to pass the probate estate of a deceased person to his or her heirs.

Probate avoider:
An arrangement (beneficiary naming, joint tenancy, pay-on-death account, revocable trust, etc.) used by a person during lifetime that removes an asset from his or her probate estate.

Separate property:
  Typically, assets a married person inherits or receives as a gift, or that were owned by the married person before the marriage. 

  Social Security Disability, a disability program for those 65 years or younger.

  Supplemental Security Income, an income assistance program for people who are 65 or older, blind or disabled, with low assets and low income.

  The person who creates and signs a will.  Testator is masculine, testatrix is feminine.

  The person named in a trust to be in charge of trust assets.

  An estate planning document used to name the personal representative (executor) and who will receive the probate estate.


Tamra K. Waltemath, P.C.
3843 West 73rd Avenue
Westminster, Colorado 80030
(303) 429-3518


Special message from Elder Law Attorney Tamra K. Waltemath to our Senior friends:  AIf you want to learn more about Senior planning, write, call, or e-mail for our FREE packet called Colorado Estate Planning Made Easy.@


The Henry Law Office Building
3843 West 73rd Avenue
Westminster, Colorado 80030

Open 8:30-4:30 Monday through Friday
Ph: 303-657-0360
FAX: 303-429-2552