Aurora, CO asked in Estate Planning, Probate and Nursing Home Abuse for Colorado

Q: How can I understand my mother's will and protect her assets after her passing?

I have not seen my mother's will yet, and I'm uncertain about how to proceed. My mother and stepfather passed away a few weeks ago, and there has been no communication regarding the probate process. I believe my mother's adult stepchildren may have been involved with her care, and I suspect possible elder abuse. I am concerned about my mother's assets, including her houses, trucks, and personal belongings. I haven't been in contact with any legal representatives, and I'm unsure who the executor of the will is, though it might be my brother. What steps should I take to understand my mother's will and protect her assets?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: First, try to contact the probate court in the county where your mother lived at the time of her passing. They can tell you if a probate case has been opened and who the executor of the will is. If the will has been filed with the court, you can request a copy, which will help you understand your mother's wishes regarding her assets.

If you suspect elder abuse or that her assets are being mishandled, you may want to gather any evidence of this and consider reporting it to Adult Protective Services. This will help ensure that any possible abuse is addressed, and that your mother’s estate is not at risk of being mismanaged.

You may also want to consult with an attorney to protect your rights as an heir. They can help you navigate the probate process, understand your mother’s will, and ensure that her assets are protected according to her wishes. Taking these steps will help you move forward with confidence and safeguard your mother’s estate.

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