Colorado Probate Legal Questions

It's a little hard for me to tell exactly what has transpired here.  From what you've said, it sounds like your father needs a conservatorship and guardianship, to look after both his financial and business affairs, and his health and daily care. I'm not clear on whether the existing order puts his wife in that position? If not, and you were to ask the court to impose these protective orders, they would supersede a power of attorney. In any event, the court could hear an objection by you that you are wrongfully being kept from your father by his wife.  Basically, it sounds like to you need to go back to court, either for this purpose, or to have yourself appointed as guardian or conservator, or to obtain an order that you be allowed to visit your father.... Read More

If it's a true tenancy in common, which is likely given the number of owners, on the death of a co-owner his or her share does not pass to the remaining owners but passes to the deceased person's heirs.  If there is a will, it would control who those heirs would be.  If there was no will - i.e. intestacy - the share passes to the heirs at law, which would include the deceased's children.... Read More

There is no specific timeframe for the administration of an estate. It really depends on what kind of issues have arisen in the probate. For example, there might be contested creditors' claims or other controversies, big and small. I would say the time line you describe is not unduly long, but you should certainly be able to receive a copy of the inventory and any interim accountings.... Read More

It depends somewhat on how the property was bequeathed.  If it was directly passed in undivided interests to four beneficiaries you may be stuck with it, absent agreement or a law suit for partition of the property (a court ordered sale).  If on the other hand the property is simply in the "residue" of the estate and not specifically passed, then generally it will need to be sold, or alternatively, for the ones opting to keep the property can buy out the others.  ... Read More

While an executor or administrator is not authorized to act before being formally appointed by the Court, lawyers commonly advise them to lock the house beforehand to prevent theft from the estate.  In this instance, you are the executor.  If you have been appointed from the Court, ask your probate lawyer to file a Motion for an Order to Show Cause or a Motion for a Turnover Order.  An Order to Show Cause orders the person to come into court to explain what cause they had to do what they did.  A Turnover Order orders someone to turn something over (in this case the locking mechanism).  While this fellow may eventually inherit, it is your duty to assemble the property, compile an inventory for the Court, pay the debts and distribute the rest.  This definitely includes accessing the property in the house and may include selling it to pay the debts. Your own property in the house is another question.  But once the Court's Order is in place, you should have access to it. All this legal work is a cost of the estate.  If the estate is small, having to do it may mean that you will have to sell the house.  The person who changed the locks might be apprised of this.... Read More

You can bring a suit for conversion, converting the estate's property to her own.  The sentimental value had better be high:  litigation costs money and, without evidence both of what your grandmother's things were and where they are now, it will be hard to win. You can also file an application to determine heirship, become appointed administrator of the estate and file a Motion for a Turnover Order ordering her to turn the things over at a certain time and place.  While this may be less expensive, if he raised the woman as his own, she may be a fellow heir.  Again, you wil need evidence both of what your grandmother's things were and where they are now.... Read More

From your description, it appears that this is an heirship (no Will) and that he never asserted or did not successfully assert an informal marriage in the probate court.  If you did not present the probate court's judgment in the eviction action, talk with a local attorney to learn whether you are foreclosed from doing so in an appeal.... Read More

A personal representative (administrator or executor) of an estate has a duty to gather all the assets, pay the estate's bills and distribute the rest according to the Will or, if there is no Will, the state's inheritance laws.  This includes a duty to preserve the value of the assets (by not "renting" a home for less than fair market value) and a duty to bring an eviction action in small claims/justice of the peace court and hire the sheriff to enforce it.  A personal representative who does not do his duty is personally liable for the decreased value of the estate.... Read More

Contact a probate lawyer who practices in the county in which your mother lived and died.  Some states require that a Will be submitted within a certain period of time.  Sometimes a letter informing the person holding the Will of this requirement prompts submission of the Will to probate.  Sometimes they claim there is no Will.  In that event, any heir can file an application for an heirship determination and settle the estate.... Read More

Yes.  When someone dies without a Will you must settle their estate in an heirship proceeding.  This, too, requires a probate lawyer and court.  The court will appoint someone to settle the estate by taking control of the assets, paying the debts and distributing what is left according to the state's laws of heirship.  Please contact a probate lawyer who practices in the county in which your father died.... Read More

An executor has authority over the estate.  An executor does not represent anyone.  If the Will has been admitted to probate, the probate lawyer can advise the named executors whether Colorado permits co-executors, which you seem to think is the case.  Please note that the probate lawyer is not your lawyer and has no authority to advise you.  Please also note that in some states which permit co-executors, the executors are nonetheless permitted to act independently unless the Will provides otherwise. ... Read More

If your mother has died, the person named as executor (not necessarily you) should submit the Will to probate.  If this has not been done, you can try to prompt the executor/beneficiary to do so by hiring a probate attorney practicing in the county where your mother lived and died to file an Application for Determination of Heirship. ... Read More

The anwer depends on the details, but the first step is to file for probate of the Will and get whoever is named in the Will appointed as executor/personal representative of your mother-in-law's estate.  If the house was in her name only, it is a probate asset controlled by her Will.  Estate expenses will have to be paid, but the executor of the estate will have the legal authority to sign a deed distributing the house to whoever is named in the Will as the beneficiary of the estate.  You will need someone to draft the deed for you, but you should be able to probate the Will without an attorney.  Nolo.com has good, basic information about the process, and I imagine that the probate court for the area also provides forms and information.  Good luck.... Read More

If your mother's attorney has her Will, they can only give it to the person named in the Will to administer her estate or the court.  So, you can request the Will from the attorney and see if he or she will provide it.  If not, then I would request that the attorney file the Will with the probate court.  It may be the case that there are no assets in her estate that need to be probated because she owned everything jointly with her husband.  If that is the case, then all of the jointly owned assets now belong to him and his Will controls what happens to them once he dies.  But you still can request that your mother's Will be filed with probate just in case any assets are discovered in the future that are not jointly owned.  If the attorney is resistant, I would make the request in writing and send a copy to the probate court. ... Read More