M. Brandon Maggiore

Meet Litigation Attorney M. Brandon Maggiore

Brandon is a passionate and experienced probate and civil litigation attorney dedicated to helping people through difficult times. He understands that, while probate litigation is part of his daily life, for most clients, it is their first time experiencing litigation, and he works with them to ensure they understand their case, the strategy, and the issues involved.

Brandon has over thirteen years of courtroom experience in three states. He started his legal career as an Assistant Public Defender in Miami, Florida. At the Public Defender’s office, he represented numerous felony and misdemeanor clients in trials, hearings, and depositions. He was in court almost every day for two years. Upon relocating to Houston, Texas, Brandon began his career as a probate litigation attorney, where the courts frequently appointed him to represent individuals with diminished capacity, including representing their interests on appeal when needed.

Since moving to Colorado in 2014, Brandon has continued his emphasis on litigation while working for several firms in the Denver area. In 2023, Brandon decided to join Colorado Estate Matters, Ltd., and we are excited to work with him and are confident you will be too.

Brandon worked as a firefighter until attending college at the University of California, Santa Barbara, where he obtained Bachelor of Arts degrees in Global Studies and French with High Honors. Brandon attended law school at Syracuse University College of Law as a Dean’s Scholar and graduated cum laude in 2009.

Brandon’s primary focus has always been on litigation, and at Colorado Estate Matters, Ltd., he focuses on probate and civil litigation, with an emphasis on contested wills, trusts, common-law marraige contests, conservatorships, fiduciary fee defense, real estate issues, and partition actions. Recognizing that litigation clients often need their estate plans to be drafted or updated, he also prepares wills, trusts, and incapacity planning documents. He is licensed to practice law in Colorado, Florida, Texas, and the Federal District of Colorado.

Areas of Practice

Probate Litigation

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Call our Colorado and Colorado estate planning attorney at (303) 713-9147 or fill out the contact form on this website to schedule a no-cost, no-obligation consultation.

What is probate in Colorado?

Probate in Colorado is the legal process by which a deceased person’s assets are distributed and their debts are paid under court supervision.

When is probate necessary in Colorado?

Probate is typically required when a person dies with assets solely in their name, and those assets exceed a certain value, or there’s any real estate. The threshold amount changes over time, so checking the current limits is essential.

How do I start the probate process in Colorado?

To initiate probate in Colorado, you need to determine if formal probate is required, and then file an Application or a Petition (as well as the necessary ancillary documents) with the appropriate court, depending on the circumstances.

What assets are subject to probate in Colorado?

Generally, assets that are solely owned by the deceased, such as real estate, bank accounts, and personal property, are subject to probate. Jointly owned assets with rights of survivorship, assets held in a trust, and assets with designated beneficiaries typically bypass probate.

How long does the probate process take in Colorado?

The duration of probate in Colorado can vary depending on the complexity of the estate and any disputes that may arise. Often it takes a year or more to complete.

What are the costs associated with probate in Colorado?

Probate costs in Colorado can include court fees, attorney fees, personal representative fees, and other administrative expenses. These costs can vary based on the size and complexity of the estate.

Can I avoid probate in Colorado?

Yes, there are strategies to avoid probate in Colorado, such as creating a revocable living trust, using beneficiary designations on assets like life insurance policies and retirement accounts, and jointly owning property with rights of survivorship.

What are the rights and responsibilities of a personal representative in Colorado?

The personal representative (executor or administrator) is responsible for managing the estate, paying certain debts and taxes, and distributing assets to beneficiaries in accordance with the law and the deceased person’s will (if one exists).

How are disputes handled in Colorado probate cases?

Disputes in Colorado probate cases can be resolved through mediation, negotiation, or litigation in court if necessary. Common disputes may involve the validity of the will, claims by creditors, or disagreements among beneficiaries.

Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.

Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.
It’s essential to consult with an attorney or legal professional experienced in Colorado probate law to get accurate and up-to-date information and guidance on your probate matter.

M. Brandon Maggiore

Meet Litigation Attorney M. Brandon Maggiore

Call Colorado Estate Matters, Ltd. for a Free Consultation

Schedule a FREE consultation with us.

Practice Areas

Common Probate Questions

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