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

Q: What are Colorado laws regarding inheriting property held as tenants in common?

First owner died, has one living son. Second owner died with no descendants but has sister and brother.

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1 Lawyer Answer
Michael Joseph Larranaga
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  • Parker, CO
  • Licensed in Colorado

A: Typically, if no will exists then the state’s intestacy statute would govern. If you have questions you should contact an attorney.

You will most likely need to open probate and resolve any property issues that way. For Tenants In Common, ownership typically passes without regard to the other owner. Joint Tenancy With The Right Of Survivorship is different. You need someone to look at the deeds, check for wills, and then determine what everyone should have. This is not something that can or should be done in this forum.

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