Colorado Springs, CO asked in Real Estate Law and Probate for Colorado

Q: My mother passed away and left the family home to her children. There were 5 siblings. 3 quit claimed their interest.

Three were paid off when sibling 1 took out loan. Sibling 2 was in prison and quit claimed but never got their share. What is the best way to fix this situation? Three siblings have no ownership. Sibling one and two have different percentages of ownership but nothing in writing. Sibling 2 currently lives in home

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1 Lawyer Answer
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Parker, CO
  • Licensed in Colorado

A: If the property has already gone through probate and the personal representative distributed all the deeds, then there are numerous options including a partition action, contract negotiation, or other.

If the property did not go through probate, then that may need to happen so the deeds are allocated correctly.

Regardless, you need to establish what the ownership is supposed to look like versus what it does so you can identify the problem. This may be a bit beyond a layperson. As such you should contact an attorney to help you. Based on the brief description you provided, it would be impossible to determine the best course of action.

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