Arvada, CO asked in Probate and Real Estate Law for Colorado

Q: 7 Siblings fighting over deceased parents cottage. I have no interest in property but fear incurring legal fees.

My parents passed away in October 2014 before transferring the title of a $70k cottage to one of my seven siblings. Now five are contesting (in probate) the sixths siblings belief that the property should be his. I want no part of this property nor the ensuing legal fees I foresee from a protracted fight. Is there a way to exempt myself from any interest in this property and impending legal fees to come?

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1 Lawyer Answer

A: I assume that you are a beneficiary, but not the personal representative (executor) to the estate. If this is correct, you will not be personally liable for ANY legal fees (unless you file into the case, and then only for your personal legal fees). The legal dispute may reduce (and potentially eliminate) your share of the estate. If you are the personal representative, the estate will pay for all legal fees unless the PR did something improper (a dispute on ownership in not an improper act). In short, you should not have to personally pay any legal fees for the disputes of others, but you may have your interest in the estate reduced or eliminated because of the dispute.

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