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When I was (1994) 16 my mother died. My dad was still alive at the time. My stepdad got me to sign something to keep her estate out of probate. He said he would give me my portion of my inherentence when
I got to college. I tried to call him he ignored me.
He also kept the house.... View More 
answered on Oct 3, 2016
There is a lot of missing details that are needed to help you. Without knowing what you signed and how the house was titled there is no way of knowing if what was done was legal. I would recommend you sit down with and attorney and bring all the documentation you have. We see the results of... View More
The rep and her daughter of Missouri are the beneficiaries. The rep did not co operate with me until I sent evidence to the AG of CO who advised private lawyer. I got a letter from the lawyer for the will saying that the rep kept the probate open. I suspect fraud.
answered on Oct 1, 2016
Fraud, breach of fiduciary duty, any number of problems may be present in this scenario. Seek independent counsel and get an opinion of what is going on.
Mom passed in California but has property in Colorado
answered on Sep 29, 2016
A person can voluntary refuse the appointment (this is common and is very easy to do). There are also procedures to forcibly eliminate an executor, but the process is complicated and a trial will be required. Note, the probate needs to occur in CA and the order can be transferred to CO. You may... View More
Can get her personal items like her very first teddy bear and knick knacks and jewelery and stuff we had given her through out the years. How do we go about getting theses things? Please help
answered on Sep 12, 2016
It depends on whether your mother's estate was probated. If it was, you should have been contacted if you were a beneficiary (failure to do so is a serious violation). If the estate was not formally probated (possible for small estates), then the transfer(s) have probably already occurred and... View More
I married him 2 years ago. He already owned the home free and clear but has not put me on deed via quit claim. There are no children to dispute. No prenups in place. If I had to file with the probate courts to transfer deed to my name, is there a cost to me? You mentioned spouses get automatic 1/3... View More
answered on Aug 16, 2016
There are filing fees associated with all court filings. The total filing fees are normally well below $500.
The automatic 1/3 or 1/2 relates to the estate (which will include the home).
If you are not on the deed at death, but a will grants you the home you will get the home (but... View More
married and deed in his name only. He tells me his WILL will automatically transfer deed to my name if he dies. Is this correct? It is smart to have us file a quit claim as joint tenants in common with right of survivorship? Will that make me joint owner of the home and the home be mine at that... View More
answered on Aug 16, 2016
A will does allow a transfer of ownership, but this will require a filing in probate court (if there are no disputes, the probate filing really is not a big deal). To automatically transfer at death (without the need of probate), the three methods are: (1) joint tenants (automatic survivorship),... View More
My mother in law is 78 and can't sign paperwork, she had given the Power of Attorney to her sister who now no longer wants the responsibility, how do we transfer that to my husband (the son)?
answered on Aug 7, 2016
It is not clear what "can't sign" means. If there is a physical limitation, a lawyer can sign in place of the woman (make sure to make this clear to the attorney that they will need to sign in place of the client). If there is something else that prevents a signing (e.g. mental... View More
Nothing was done with title of house it still in my mothers name im the only child of both parents they were legally married both my mother and father passed with now will
answered on Aug 4, 2016
The legal term for dying without a will is intestate. The intestate rules (some times called the default rules) typically give a spouse at least 1/2 of the deceased's estate and divide the other half between the legally recognized children over 18. In your case, it appears that your... View More
answered on Jul 5, 2016
Any additional name on title means that the person is a co-owner. Colorado allows two types of ownership, joint tenants (an interest terminates after death) and tenants in common (a interest survives after death and is inheritable). Default in CO is joint tenants. Note, property purchased during... View More
answered on Jun 30, 2016
Yes and no. A husband can exclude a wife in a will, BUT the provision is limited by Colorado law unless the wife accepts the will AT DEATH. In other words, the wife by Colorado law has an undisputed right to 33%-50% of the estate (assuming there is no prenup). The percentage difference reflects... View More
What do I do it has a attorney name in there but even she won't call me back my grandma needs her will made it says in this booklet my grandpa put " If my wife ain't able to serve will and make decisions I appoint ......and has neighbor name but social services won't listen... View More
The funds are from an out of state settlement of an estate and the will does not state how it should be handled.
answered on Jun 7, 2016
This is a specific legal question. It can only be answered by directly reviewing your situation. You will need to contact an attorney or the self-help office of your local courthouse.
I was told by my sister that since my Mom is still alive, the Will of my Father whom past away last Sunday that Mom is still alive so the will will not go into probate. Is that right? We all live in Colorado and Dad passed away in Colorado.
answered on May 7, 2016
No, probate has NO relation to the living; probate relates to the deceased. If all assets were transferred into a trust or if the estate is of very low value (and no real property is included in the estate) it is possible to avoid probate. Other than that, probate is required under Colorado... View More
My Mother is still alive. If my Father left us kids something in his will, do we get that or do we get it when my Mom passes?
answered on May 6, 2016
The personal representative MUST disclose the will and the probate proceeding to all affected parties. If you reasonably believe that you are a beneficiary, send a formal request to the representative asking for a copy of the will. If the personal representative refuses the only option is to file a... View More
Wondering if county records will still show my name later on after I transfer the property to a land trust.
answered on Apr 30, 2016
You will need to contact a lawyer for specific advice. Justia's Q&A is designed for general questions.
what can i do i am an only child and my step father recently sold property that was still in my mothers name til right before he sold it and it should have went to me now he wont answer my calls. my grandfather and i built a second addition onto the house. i should have stayed in my family. what... View More
answered on Apr 28, 2016
You can petition for a probate of the estate, but be aware the time delay and clear notice may be a factor. My suggestion is to contact a probate attorney to review your circumstances.
My question involves estate proceedings in the state of: Indiana
After my father passed away he received the last check from his mother's estate (my grandmother) who had died prior to my father. Does that check have to be deposited into my father's estate account, or can the check... View More
answered on Apr 20, 2016
I cannot comment on Indiana law, but I can comment on Colorado law. The estate rules for this matter should be very similar between states. In Colorado, the check from the grandmother's estate should be deposited in the father's estate (esp. if the estate is still in probate). Then the... View More
My grandmother made a will, she passed away in 2014, my father is power of attorney and will not let anyone see or give anyone their money that she left. What do I do?!
answered on Apr 6, 2016
If you know where the estate was probated (usually the county were the person lived), you can contact the clerk's office to get a copy. If the estate was not probated (it can be for legal or improper reasons), then you may have to legally compel your father to produce the will (if any exists).... View More
My grandfather died sept 28,2012. My brother and I were suppose to replace my deceased mother in his will. 1/3 of everything he owned. We were put on the will. He became very sick and had cancer in his brain. After he died one of my aunts stated that we will no longer receive anything from the... View More
answered on Apr 2, 2016
Fraud in a will technically has no statute of limitations, but in practice the bar is usually 3 to 5 years from death. Contact a probate or estate planning lawyer to review the specifics of your case.
He made me his General power of attorney back in March of 2015. He is married to our stepmother and has been married to her for 30 years. He is currently on life support and I just want to know what my options are. My dads property is only in his name. My dad also put together a will for himself... View More
answered on Feb 10, 2016
I am sorry to hear about your father's health. If you have a valid power of attorney, you can add your brother and/or mother on the deed. This should occur at the county property offices where your father's home is located. Make sure to bring the power of attorney (bringing your mother is... View More
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