Colorado Probate Legal Questions

I'm sorry for your loss. You need to be appointed personal representive of her estate in order to have the legal authority to sell assets in her name.  This is accomplished by filing court documents seeking appointment with the probate court for the region where your mother lived.  You should contact the court to obtain these forms. You and your sister both have priority to be appointed personal representative (as your mother's heirs) and could serve either together or with just one of you in the role.  Once a personal representative is appointed, there is a four month period for creditors of the estate that is required by law, but assets can be sold during that period.  Once it has ended, the personal representative(s) will have the authority to split the estate assets between you and your sister.  This distribution is in accordance with the law of intestacy (dying without a Will) as long as you and your sister are your mother's only living children and she did not leave a surviving husband or grandchildren from a deceased child.  ... Read More

You need to contact a probate attorney in the county where the probate of your mother's will was initiated and give him or her a full explanation of all of the related facts.  The attorney will be able to advise you as to the options available to you.  Don't delay as it sounds as though a significant period of time has already passed since your mother's death.    ... Read More

Good question.  If the estate requires a probate proceeding, then you will likely need an attorney to help you with the process - although it is something you could possibly do on your own with some research and confidence.  If the estate does not require a probate proceeding, then you will not need to go through the probate process; however, you may need an attorney's advice as to whether probate is necessary.  In any event, you are correct that a Will does not take the place of probate, it merely describes how you desire to dispose of your assets.... Read More

Any time you are specifically disinheriting children it is a good idea to go to an attorney. It is not expensive to have an attoreny prepare a will and it is definitely much cheaper than a court fight over a will later. With an on-line form, you need to be very careful about how you define "children," again, especially when you are disinheriting children and when there are children from prior marriages in general to be sure the planning accomplishes your goals. I hope this helps.  ... Read More

If the land was in your parent's names, you will have to go through probate to be able to transfer or sell the land to anyone. Your brother and sister cannot sign it over to you until it is in their names (i.e., after the probate process, assuming they even get the land). Let me know if I am not totally understanding your question. Hope this helps.    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read More

I am a California attorney and each state is different of course. However, a Judge can order most anything. If this was actually ordered there should be a written order or at least a "minute order" in the Court file. I encourage you to go to the Court to look for it. Good luck to you.  -John... Read More

There are many different ways these cases can go depending on who exactly took the money wrongfully.  The wrongdoer can be a trustee, an executor, a guardian, another family member, or even the bank. Statutes of limitation are different in every state and may be different depending on who took it.  Fraud is often a long statute of limitations but I would not hesitate in looking to hire an attorney.  I would probably start with a trust and estate attorney in your area.  They can likely focus the situation for you.  Good luck!  -John... Read More

First, any Last Will and Testament must go through the court process called probate to make it legal. If it is not probated, it cannot be carried out, and there could be problems for your mother. Although the Will names you Executor, being named is sort of like being nominated for a position. You have no authority as Executor until probate, when it is ordered and you accept the responsibility in Court. Because the property in the estate is owned in 2 states, the Will must be probated in both states. If your father lived in Colorado, the Will may need to be filed for probate in all 3 states. Second, there are problems you can prevent for your mother and for her heirs later on, by having the Court probate the Will such as: If there is property that was in your father's name only, the court will order the property be titled in your mother's name during probate. That will give her Title to the property as its sole owner. There is no other legal way to achieve that. Without having Title to the property (being the owner), your mom cannot sell it, give it away, take out a loan against it, put it in a Trust, or distribute it in her own Will. Even if she informally "gives" it to someone else, that person cannot legally hold Title to it and thus, cannot do any of the above actions, either. Leaving property titled in your father's name does not relieve your mother of the liability for taxes, insurance, maintenance / upkeep, and all of the other expenses of someone who owns Title to property. Your mother may be grieving and want no more to worries at this time. That may be why your father named you as Executor, to ease this time for her. Let her know that probate does not force her to take action about what your father left her in his Will. It does give the Executor the authority to make sure that your father's wishes are carried out - to make her the new, legal owner of his estate. Start by engaging a probate attorney in the state where your father had his primary residence. When interviewing attorneys, ask about experience with probating Wills in multiple states, particularly those regarding your father's estate. If that lawyer also does estate planning, you and your mother may want to visit him or her again to discuss ways to avoid probate for yourselves and your heirs in the future. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison... Read More