QUESTION
how to recover a fair share of estate value withoit explicit legal documentation
Asked on Aug 11th, 2013 on Trusts and Estates - Colorado
More details to this question:
My grandmas wish was for her edtate value to be equitably divided among 12 grand kids. It wasnt stated in the will but was common knowledge of many grandkids. Cutrently her eldest son decide to split into thirds among brother to then be divided by number of kids resulting in inequitable dispersement of the estate by grandmas wishes. What can be done to honor her wishes to provide equal distribution to all grandkids.
1 ANSWER
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If there was no will, the estate passes by what is called "intestate succession." In Colorado, this means that the estate, in this case, would be divided among the three brothers, who then could do whatever they wanted with it, or, if a brother did not survive, his 1/3 share would be split among his kids (so, that might not be be an equal distribution to the grandkids). This is called by representation. Without a will, the court is going to follow the law of intestacy. Unfortunately, it does not sound like there is not much you can do based on your facts here.
Answered on Aug 13th, 2013 at 12:31 AM