Berthoud, CO asked in Estate Planning, Real Estate Law and Probate for Colorado

Q: Does my mom have to sell my dad's estate after probate? He had 3 kids prior to marrying my mom & they then had 4 kids.

My dad passed away June 2018. He had no will, only his name is on the house (which is paid off). My mom lives in the house as she was married to him for 39+ years. My dad had 3 kids prior to marrying my mom, then 4 kids with my mom. All 7 'kids' are over 21 years old. We all agree she will be the Personal Rep of his estate. Does she have to sell the house she lives in after probate? It is her home. Some lawyers have said that she needs to pay his first 3 kids (her step kids - which are all adults now).

1 Lawyer Answer
Donald C Eby
Donald C Eby
Answered
  • Castle Rock, CO
  • Licensed in Colorado

A: It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.

1 user found this answer helpful

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