Q: My sister passed away in Feb of 2015. i took care of all of my sisters personal belongings. My mother never wanted them
I have not spoke to her in 2 years until I received a message saying she wanted my sisters belongings, and they she will be taking me to court if I don't give them to her. After 2 years of no contact or trying to gain possession does she have any legal ground to take them back?
A:
There are a lot of unknowns here. Specifically, was the estate probated and was there a will? If the answer is no to both of these questions, your mother may have a claim (but the scope is uncertain). If the estate was probated (i.e. closed) and your mother was given notice she likely cannot revisit the issue. At this point you may want to consider probating (if you haven't already) and you can wait to see what your mother does. It is sad, but often potential beneficiaries suddenly remember a deceased relative when they are in need of money and while they talk about a lawyer, they usually do not hire a lawyer because lawyers cost money (thus defeating the purpose of remembering the relative...).
If you want peace-of-mind you may want to contact a probate attorney to review your situation and recommend a course of action. If you are served or contacted by a lawyer (who is hired by your mother), it is highly recommended that you contact a probate attorney. Lastly, in Colorado you have 3 years from death to probate an estate without special judicial approval(unless your are not required to probate). A link to the CO courts webpage outline the requirements for a probate filing: http://www.intotolegal.com/upcoming%20Events/Forms.html (click on "judicial branch" and "estate cases").
Kenneth V Zichi agrees with this answer
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