Denver, CO asked in Estate Planning, Real Estate Law, Family Law and Probate for Colorado

Q: My mom died 07 her husband me and 10 1\2 sibs all living on, now her husband (my dad) passed whodoes house go to

Nothing was done with title of house it still in my mothers name im the only child of both parents they were legally married both my mother and father passed with now will

1 Lawyer Answer

A: The legal term for dying without a will is intestate. The intestate rules (some times called the default rules) typically give a spouse at least 1/2 of the deceased's estate and divide the other half between the legally recognized children over 18. In your case, it appears that your mother's estate was not probated and as a result there is some uncertainty whether your father correctly assumed 100% of her estate. Since it has been 9 years since her death, it will be very difficult to challenge the pre-existing division. As for the father, if you are the sole heir you may qualify for 100% of the estate. You should contact a probate lawyer or go the CO courts webpage for information about allocable shares.

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