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 and can I dispute me getting evicted from my grandparents home

1 Lawyer Answer
Ashley Dean Powell
Ashley Dean Powell
  • Estate Planning Lawyer
  • Licensed in Colorado

A: The short answer: you probably have an uphill battle.

One very fundamental value of estate planning is the opportunity to express your wishes in writing (through a will or trust instrument, for example) so that there will not be disputes after your death (or, at least, there may be less probability of disputes). Generally speaking, an unambiguous will that is accepted by the Court as valid and authentic will likely trump subsequent verbal preferences that you claim were expressed by your grandparents to you. In that situation, the personal representative approved by the Court will need to follow the wishes as they are expressed in the will. This is one reason why an estate plan should be an evolving process throughout your life--our preferences and values can change, and we should continually (every few years or after major life events) review an existing estate plan to identify whether we want to make revisions.

There are mechanisms to dispute wills. That the will has been altered is a serious allegation and may be difficult to prove. If you believe it has, you would want to retain a probate attorney to review the disputed will as well as any evidence you believe you have regarding 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,



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.