Colorado Springs, CO asked in Elder Law and Probate for Colorado

Q: Built a cabin w/ my mother, it was left to my husband and I. What do I do with items in cabin.

Some of the items in the cabin are our from our personal home and don't have receipt's as items are over 10 yrs old.

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

A: If by "left" to you and your husband you mean that the house was given to you (or transferred automatically based on how it was titled) upon her passing, then you may want to consult with the personal representative of your mother's estate. Even if the house passed to you outside of probate, it is possible that her personal items will need to pass by probate or by a small estate affidavit. If there is already a court appointed personal representative for your mother's estate, you should ask the personal representative to be clear about whether your mother intended to gift you only the house or the house and its contents. It is possible that the personal items/contents in the house were separately gifted in the will, trust, memorandum of tangible personal property, etc. If that is the case, the personal representative may need access to the cabin to inventory the items of personal property and disperse them according to your mother's wishes.

If there is not already a court appointed personal representative, you might consider consulting a probate attorney in your area to assist you in determining the next best step. Depending on the size of your mother's probate estate, you may be able to avoid the probate process by use of a small estate affidavit.

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