Executor Briefing — Showcase-v11 CO Cherry Creek

Estate ID: ca41787a-3988-42ec-9f2e-daf9a4a6798a | Jurisdiction: Colorado (City and County of Denver)

Prepared: April 9, 2026 | Sources: WillGuardian · DebtSentinel · TitleCleaner · Correlation Report · Colorado RAG Knowledgebase · MERP Lookup · Colorado SOS (Cobalt) · Colorado BAA Records

Section 1 — Estate Summary

Critical Framework Note: The decedent does not hold title to 400 Detroit St in their individual name. The property is vested in Detroit Street Associates, LLC. Accordingly, the estate's primary asset is the decedent's LLC membership interest, not the underlying real estate. All probate administration, creditor priority, and transfer analysis must be performed through the lens of LLC membership interest succession — not direct real property transfer.

Section 2 — Risk Assessment

Estate-Readiness Score: 2 / 10

Justification: Every foundational data point needed to administer this estate — ownership chain, encumbrances, operating agreement, creditor claims, valuation — is unresolved. The estate-readiness score of 2 reflects the sole positives: the LLC is confirmed Active with the Colorado Secretary of State, and Colorado's legal framework (no state estate or inheritance tax, a modern UPC-based probate code) is favorable once the factual gaps are closed. No distribution, title action, or creditor payment may proceed in the current state.

Section 3 — Property Dossier

Property: 400 Detroit St, Denver, CO 80206

Identification

Ownership & Title Vesting

Valuation

Lien & Encumbrance Status

Title Threat Summary

Overall Title Classification: 🟡 FLAG — Five active threat categories; no title close possible until all URGENT and HIGH items are resolved. No confirmed active lien or forfeited LLC found, but cumulative unresolved flags are material.

Section 4 — Creditor Payment Sequence

Colorado Statutory Creditor Priority — C.R.S. § 15-12-805

Threshold framework note: The property is LLC-titled. Secured creditors (mortgage/deed of trust) enforce against collateral outside the priority ladder entirely. The priority ladder below governs the probate estate — which in this case consists of the decedent's LLC membership interest in Detroit Street Associates, LLC, not the underlying real estate directly. Creditors must pursue the membership interest via the charging order remedy as the exclusive remedy under C.R.S. § 7-80-702.

Pre-Creditor Allowances (Senior to All Claims)

Priority Payment Ladder

Rule: No preference within a class — pro-rata payment if funds are insufficient. C.R.S. § 15-12-805(2).

🔴 Colorado Medicaid Estate Recovery Program (MERP) — Mandatory

All Personal Representatives in Colorado must investigate MERP at appointment. This is a Class (f.5) statutory priority claim.

MERP Applicability to LLC-Titled Property:

• The underlying real estate (400 Detroit St, titled to Detroit Street Associates, LLC) is shielded from direct MERP recovery — it is not in the individual's probate estate.
• However, the decedent's LLC membership interest, if it passes through the probate estate, is a potential MERP target under C.R.S. § 25.5-4-301.
• MERP status = CONDITIONAL — pending review of the LLC operating agreement's death/succession mechanism. If the operating agreement bypasses probate (e.g., automatic transfer to a surviving member), MERP exposure is substantially reduced.
• PR must contact HMS at (303) 837-8293 immediately to determine Medicaid benefit history and preserve all defenses.

MERP Exemptions: Surviving spouse alive; child under 21 or blind/disabled child; sibling with equity interest residing in property for 1+ year prior to decedent's death.

Creditor Claims Deadlines

Section 5 — Document Deficiencies

5.1 Will — Execution Status Unknown

No testamentary instrument has been submitted for review. The following Colorado execution requirements cannot be assessed:

Deficiency: Will not submitted. Cannot assess whether execution is valid, whether an interested witness problem exists, or whether harmless error doctrine would apply. Submit will immediately for clause-level review.

5.2 Trust — Funding Gap Analysis

If a Revocable Living Trust (RLT) exists as the estate plan's probate-avoidance mechanism:

Critical reframe: Because title is held by an LLC, the traditional "deed into trust" analysis does not apply. The operative question is whether the decedent's LLC membership interest was assigned into the trust during the decedent's lifetime. This requires review of both the trust instrument (if any) and the LLC operating agreement's transfer provisions. An unfunded trust does not avoid probate of the membership interest.

5.3 LLC Operating Agreement — Central Document Deficiency

C.R.S. §§ 7-80-401 et seq.; C.R.S. § 7-80-702 (charging order as exclusive creditor remedy)

The LLC operating agreement is the single most urgent document in this estate. No transfer of any estate asset, no creditor resolution, and no distribution can proceed without it.

5.4 Beneficiary Deed — N/A

Not applicable. C.R.S. §§ 15-15-401–415 authorizes beneficiary (TOD) deeds for individual property owners only. An LLC cannot execute a beneficiary deed. LLC succession is governed exclusively by the operating agreement and Colorado LLC statute. (Conflict between WillGuardian and TitleCleaner resolved in favor of TitleCleaner's finding — legally correct.)

5.5 Powers of Attorney / Healthcare Directives

No POA or advance healthcare directive submitted. Note for review:

• Colorado UPOAA effective January 1, 2010 — POA durable by default for instruments created after that date (C.R.S. § 15-14-704)
• Healthcare directive requires 2 qualified witnesses (C.R.S. § 15-18-105)
• These instruments are superseded at death but must be reviewed if incapacity preceded death

Section 6 — 30-Action Checklist

(Ordered by urgency: Immediate → 30-Day → 90-Day)

— IMMEDIATE (Do Before Any Other Action) —

1. Obtain the LLC operating agreement for Detroit Street Associates, LLC — confirm decedent's membership role, percentage interest, death/succession provisions, transfer restrictions, and authorized signatory for conveyance (C.R.S. §§ 7-80-401 et seq.)
2. Confirm Denver Assessor Schedule No. 02363-04-007-000 maps precisely to 400 Detroit St at denvergov.org/Property — obtain official APN/schedule number
3. Pull full deed chain from Denver Clerk & Recorder (201 W Colfax Ave, Dept 101; ☎ 720-865-8400) for Schedule No. 02363-04-007-000 — confirm vesting deed, all deeds of trust, judgment liens, and fixture filings
4. Contact Colorado MERP / HMS at (303) 837-8293 — determine whether decedent received Health First Colorado (Medicaid) benefits at age 55+ or while institutionalized (C.R.S. § 25.5-4-301; Class (f.5) creditor)
5. Confirm decedent's membership role and percentage interest in Detroit Street Associates, LLC — determine whether interest passes through probate or via operating agreement succession mechanism
6. Perform UCC lien search at Colorado Secretary of State UCC index — debtor: Detroit Street Associates, LLC — for any secured creditor claims against the entity or its assets
7. Search Denver Clerk & Recorder for UCC fixture filings and PACE financing liens at the property address (400 Detroit St / Schedule 02363-04-007-000)
8. File for appointment as Personal Representative at Denver District Court, Probate Division (C.R.S. § 15-12-301) if not already appointed — no administration may proceed without authority

— HIGH PRIORITY (Within 30 Days) —

9. Request HOA estoppel letter via certified mail pursuant to C.R.S. § 38-33.3-316(8) — identify HOA for 400 Detroit St; confirm dues status, delinquencies, and any recorded liens (HOA has 14-day response window); CCIOA super-lien has priority over first deed of trust
10. Search for IRS and federal tax liens against Detroit Street Associates, LLC at Denver Clerk & Recorder and via PACER
11. Search for Colorado Department of Revenue tax liens against Detroit Street Associates, LLC
12. Submit will document (if any) for clause-level execution review against C.R.S. §§ 15-11-501 through 15-11-504
13. Determine marital status of decedent — if married, calculate augmented estate including LLC membership interest value and elective share exposure (C.R.S. §§ 15-11-202 through 15-11-211; In re Estate of Cloos, 2018 COA 161)
14. Confirm Geoffrey Morris's actual role in Detroit Street Associates, LLC — member, manager, or registered agent only — and whether he has authority to convey under the operating agreement
15. Publish Notice to Creditors in a Denver newspaper — minimum 3 times in 3 successive weeks to trigger 4-month claims bar (C.R.S. § 15-12-801 and § 15-12-803)
16. Verify property tax current status at Denver County Treasurer portal — reference Schedule No. 02363-04-007-000 (C.R.S. § 39-1-107)
17. Check Denver District Court and state court records for any pending child support orders against decedent (Class (g) creditor under C.R.S. § 15-12-805(1)(g))
18. Pull decedent's credit report to identify Class (h) general unsecured creditors (credit cards, personal loans, etc.)
19. Confirm whether a Revocable Living Trust exists — if so, determine whether the LLC membership interest was formally assigned into the trust during decedent's lifetime
20. Obtain a current market appraisal or AVM for 400 Detroit St — reconcile against 2015 BAA stipulated value of $2,760,000 and estimated 2026 value of $3M–$4.5M+

— STANDARD (Within 90 Days) —

21. Pull legal description of 400 Detroit St from deed chain — review all prior deeds for mineral rights severances (C.R.S. § 38-30-102)
22. Check Colorado Water Court, District 1, for any water rights appurtenant to the property if applicable
23. Compile complete digital asset inventory for decedent — verify governing instrument grants fiduciary access per Colorado RUFADAA (C.R.S. §§ 15-1-1501 through 15-1-1518)
24. Review LLC annual report filing history from 2004 through 2026 — confirm uninterrupted Good Standing with Colorado Secretary of State (no lapses in reporting)
25. Determine whether any other members of Detroit Street Associates, LLC exist — obtain contact information; review buy-sell and right-of-first-refusal provisions in operating agreement
26. Determine whether any charging orders have been issued against the decedent's membership interest in Detroit Street Associates, LLC (C.R.S. § 7-80-702)
27. Review decedent's medical records and bills for last illness — identify and document Class (e) medical creditor claims for payment in correct statutory priority order
28. Investigate excess public assistance overpayments (Class (f.7) creditors) — check state and county human services records for any overpayment claims
29. Determine whether any out-of-state real property is held by decedent individually or through other entities — assess ancillary probate requirements in any other state
30. Apply for homestead property tax exemption post-transfer under SB 24-233 (all homeowners, 10% on value up to $700,000) or HB 25-1111 (seniors/disabled/veterans, up to ~$283,000) once ownership is transferred to a qualifying individual or trust

Section 7 — Attorney Action Items

7.1 Immediate — LLC Succession Analysis

Primary legal question: How does the decedent's membership interest in Detroit Street Associates, LLC pass at death?

• Review operating agreement for: (a) death/dissolution triggers; (b) automatic transfer provisions; (c) right of first refusal; (d) consent of remaining members required; (e) buy-sell clause; (f) whether the estate or a successor becomes a "substituted member" vs. merely an economic interest holder.
• C.R.S. §§ 7-80-601 et seq. (LLC member dissociation); C.R.S. § 7-80-702 (charging order as exclusive creditor remedy — personal representative cannot force a sale of the underlying real estate; creditors are limited to charging order against distributions)
• If the operating agreement contains no succession mechanism, the PR holds only an economic interest (right to distributions), not management rights, until a substituted membership is authorized by remaining members.
• Action: Engage Colorado LLC counsel to render a written opinion on the succession mechanism before filing any probate inventory that characterizes the interest.

7.2 Probate Administration — Denver District Court

• Open probate at Denver District Court, Probate Division (C.R.S. § 15-12-301) with appropriate form selection: JDF 906 (Application for Informal Probate), JDF 910 (Formal Probate Petition), or JDF 920/921 as applicable.
• Determine informal vs. formal track — informal is default for uncontested estates (C.R.S. §§ 15-12-301 et seq.)
• File Inventory within 90 days of PR appointment listing the LLC membership interest at estimated fair market value — NOT the underlying real estate value (C.R.S. § 15-12-706)
• The LLC interest should be valued by a qualified business appraiser; a minority/non-marketability discount may apply to the membership percentage

7.3 Creditor Administration

• MERP notice to HMS at (303) 837-8293 immediately — this is a Class (f.5) mandatory creditor per C.R.S. § 15-12-805(1)(f.5) and C.R.S. § 25.5-4-302
• Publish Notice to Creditors per C.R.S. § 15-12-801 to trigger the 4-month bar (C.R.S. § 15-12-803) — use a Denver County newspaper of general circulation; 3 publications in 3 successive weeks
• Do not make any distributions until the 4-month creditor claim period expires AND all priority creditors through Class (f.5) have been paid or their claims resolved
• If MERP files a claim, coordinate with HMS on waiver application if qualifying exemption applies (surviving spouse, minor/disabled child)

7.4 HOA Lien Resolution

• Send certified mail demand for HOA assessment statement per C.R.S. § 38-33.3-316(8) — HOA must respond within 14 days
• Confirm whether 400 Detroit St is subject to a common interest community under CCIOA
• If delinquent HOA dues exist, the CCIOA super-lien for 6 months of assessments takes priority over the first deed of trust — this must be satisfied before any title transfer (C.R.S. § 38-33.3-316)
• Obtain estoppel/payoff letter confirming no pending special assessments

7.5 Title Curative Actions

• Once deed chain is pulled from Denver Clerk & Recorder: (a) confirm vesting deed from prior owner to Detroit Street Associates, LLC is properly acknowledged and recorded per C.R.S. § 38-35-106; (b) identify all recorded deeds of trust and contact lenders for payoff statements; (c) search for judgment, IRS, and mechanical/materialmen's liens
• If any deed in the chain has an execution defect (improper acknowledgment, missing notarization), curative deed or quiet title action in Denver District Court may be required
• Confirm LLC authority for any conveyance — the authorized member/manager must execute any deed out of the LLC (C.R.S. § 7-80-401)

7.6 Elective Share — Spousal Rights

• If decedent was married, calculate the augmented estate under Colorado's UPC model, which includes LLC membership interest value and ALL nonprobate transfers (C.R.S. §§ 15-11-202 through 15-11-211)
• Surviving spouse cannot be disinherited by transfer to an LLC — the augmented estate sweeps in transfers to entities where the decedent retained beneficial interest
• Elective share deadline: 9 months from death OR 6 months after probate of the will, whichever is later (C.R.S. § 15-11-211); In re Estate of Cloos, 2018 COA 161
• With 2026 value estimated at $3M–$4.5M+, elective share exposure on a 10+ year marriage could exceed $1.5M–$2.25M

7.7 Digital Assets

• Compile digital asset inventory per Colorado RUFADAA (C.R.S. §§ 15-1-1501 through 15-1-1518, effective August 10, 2016)
• Verify that any governing instrument (will, trust, or POA) expressly grants the fiduciary access to digital assets — RUFADAA default rules restrict custodian disclosure without express authorization
• For online LLC management platforms, cloud storage of operating agreement, or digital financial accounts, fiduciary access must be established through custodian disclosure request per C.R.S. § 15-1-1508

7.8 Colorado Statutory References — Quick Citation Index

This briefing is for informational purposes only and does not constitute legal advice. AI-generated analysis should be independently verified by a licensed attorney.