Q: my mom passed away a week ago she lived with her boyfriend of 30 years Is he intittled to anything
my mom passed a week ago there is just my sister and I and a boyfriend of 30 yrs nothing was in his name just my moms I was made power attorney at hosp because he was intoxicated everyday he will not produce will of any kind hes not on her bank accounts he has no job in trouble with the law almost daily is he intittled to anything in state they live in Colorado
A:
Colorado does recognize common law marriages. If the boyfriend of 30 years is deemed to be a common-law spouse, then he might have rights.
It sounds like you are looking for and requesting evidence of whether your mom had a will or not--that's good. If she did not have a will, then she is considered to have died "intestate," and her estate will be subject to Colorado's intestacy laws. In the following links, you can read Section 15-11-102 (on page 119 of the PDF at https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-15.pdf or here on Justia's website at https://law.justia.com/codes/colorado/2016/title-15/colorado-probate-code/article-11/part-1/subpart-1/section-15-11-102/). That provision addresses the statutory rights of a spouse and what portion of the estate that spouse may claim. You will note that, based on what you've provided so far in your question above (and assuming based on the language that you've used that your mom's boyfriend is not your dad), Section 15-11-102(4) may be the applicable section since you and your sister are surviving descendants and at least one of you is not also a descendant of the boyfriend.
You may also want to confirm whether your mom and her boyfriend ever recorded a Designated Beneficiary Agreement pursuant to Section 15-11-102.5, which would be an alternative route for him to claim status as an heir if he were not considered a spouse under common law marriage.
A probate attorney in Denver may be able to provide you with the best advice as to whether the evidence you've listed (not being on shared bank accounts, etc.) is sufficient to prove that your mom and her boyfriend did not intend to hold themselves out to the public or to live as if they had a common law marriage.
Good luck,
Ashley
https://powellplanning.com/estate-planning
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.
