Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed
My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could stay there and can I also dispute the living will and testament of both of them and am I considered one other kids and immediate family that can dispute the living will and testament and the sale of their home I also believe that they have altered the living will and testament of my grandparents
A: Your grandparent's will controls who has the say over their property. If that is the uncle, he can evict you despite what your grandparents said before their death. You should have an attorney review the will to see if you have any rights.
A:
I think Mr. Barrett has mostly answered your question: the terms of the will and the decisions of the personal representative who is approved by the Court generally will control.
You may have an opportunity to dispute/contest the will. If you believe it has been altered, you would want to retain a probate attorney to review the disputed will as well as any evidence you believe you have regarding the alterations. After seeing the will and hearing your allegations, a probate attorney (I'm not one) could more accurately advise you on the likelihood of having the will successfully contested. Even then, there may be a secondary battle of seeking to appoint someone else as personal representative.
If your uncle does move forward with an eviction, you should act quickly to review any required notices from your uncle about the eviction. Evictions under Colorado law often have very strictly enforced notice requirements. In some areas, the local office of Colorado Legal Services (http://coloradolegalservices.org/) will provide you a free evaluation of your eviction case so that you know whether the notice requirements have been satisfied by the "landlord" (here, your grandparent's estate as represented by your uncle) and whether you may have any other defenses to the eviction.
Best of luck,
Ashley
https://powellplanning.com/estate-planning
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