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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88279
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If Ely is available, I would like him to answer as he is familiar

Resolved Question:

If Ely is available, I would like him to answer as he is familiar with the issue as hand. Otherwise, I would simply appreciate a fairly quick answer. This question is regarding Probate law in Colorado.

We are preparing for a hearing (5/21/13)in anticipation of a probate settlement. This is for the estate of our son who passed away more than 5 years ago, intestate - and a woman successfully claimed as common law wife. My husband was PR for almost 1 1/2 years untill the common law marriage verdict; he and I have been involved together through several legal controversies involving the "wife". The filings requesting an approval to settle probate were inaccurate.....there were several separate filings... and we are filing 4 Objections, due by 5/1/13.

1) With a Power of Attorney, will I be able to represent both my husband and myself.....with only me making an appearance at the Court (for a prehearing conference and then the Hearing)? 2) If the answer to that is "yes".....I have a question about the "Objection" documents we are preparing to send. 3) Should my husband and I both sign them, or should I declare that I represent myself and my husband.....and only I sign the Objection documents? 4)With the Objection documents, should we include a copy of the Power of Attorney, to "announce" our intention that only I will be making an appearance?
5) Related to the above questions, of what difference should we be aware between my representing my husband on the Objection documents AND in the Courtroom............vs.
representing my husband with an appearance in the Courtroom with regard to documents that have been signed by both of us?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend,

1) With a Power of Attorney, will I be able to represent both my husband and myself.....with only me making an appearance at the Court (for a prehearing conference and then the Hearing)?

I am sorry, but no. Every person must appear. You cannot represent someone else, only an attorney can. This is true even if they give you a POA.

2) If the answer to that is "yes".....I have a question about the "Objection" documents we are preparing to send.

The answer is no, I am afraid.

3) Should my husband and I both sign them, or should I declare that I represent myself and my husband.....and only I sign the Objection documents?

Since you cannot represent someone else, I am afraid that both of you must sign.

4)With the Objection documents, should we include a copy of the Power of Attorney, to "announce" our intention that only I will be making an appearance?

See above; as explained, this will not work.

5) Related to the above questions, of what difference should we be aware between my representing my husband on the Objection documents AND in the Courtroom............vs.
representing my husband with an appearance in the Courtroom with regard to documents that have been signed by both of us?


Same - this cannot work.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88279
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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