Q: My mother was an heir to her mother's estate. My mother has since passed away before the execution of the will.
Am I now an heir since I am her son? What legal penalties does the executor face if they do not execute in a timely manner? This probate case started in 2006 and no action has been taking on it. How can one "force" the executor to execute the will?
A:
Your case is difficult and you arguably will need an attorney to help solve this, but here is some background information that may help.
(1) Colorado has an anti-lapse statute which prevents the traditional common law solution in which your grandmother's devise would lapse and return to her estate. In other words, unless the wills of your grandmother and mother provides otherwise or § 15-11-603 does not apply, you as your mother's heir have the potential to receive your deceased mother's share.
(2) you can file a complaint with the office of attorney regulations, however, there may be justifiable reasons for the delay.
(3) to force action of the executor you would have to sue the executor.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
