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I am the sole legal representative and administrator of my deceased father's estate, which includes lands held by my family for generations. A woman falsely claimed to be married to my father to gain inheritance rights, supported by what I believe are invalid legal documents. Furthermore,... View More 
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answered on Mar 18, 2025
If you are the administrator with letters then you are not doing your job. Do you have an attorney? Apparently your lawyer is going to need to file various actions in various Counties for ejectment, quiet title, unlawful detainer and/or conversion of mineral proceeds. Many SOLs apply and are... View More
I have a deposition approaching can I ask which questions will be asked ahead of time?
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answered on Jun 19, 2024
It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.
That being said, there are very limited instances where your attorney may stop the... View More
First owner died, has one living son. Second owner died with no descendants but has sister and brother.
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answered on May 11, 2024
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... View More
answered on May 6, 2024
Because your sister's probate attorney represents her--not you--you shouldn't expect that attorney to respond to requests from you for information about the estate. Talk directly to your sister. If she refuses to provide you with information, hire your own probate attorney to represent you.
Me a copy. It has been about 6 week and hasn't been filled with the district court. Further more my step mum passed last June. And my dad did not update his will.
answered on Apr 2, 2024
You can ask your stepsister for a copy or wait until she files it for probate. Or you can file a intestate probate yourself as an heir of your dad and then, if she has the Will, she will either need to come forward with it or allow you to proceed with the intestate probate of your dad's estate.
A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More
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answered on Mar 15, 2024
Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More
A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More
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answered on Mar 15, 2024
In this scenario, the house sold by the executor, on behalf of the estate, is still considered inherited property. Since the woman passed away without a will, the estate is handled according to Colorado's intestate succession laws. The property, even though not formally transferred to the... View More
My sister the oldest who has handled all his estates has lied to me about him having life insurance, which I found out he did have one. She also won’t give me any of my dad’s belongings or part of the estate. So my question if there is no will left meaning no named benificiary then was was my... View More
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answered on Mar 8, 2024
This is a complicated one.
If your father died with no will then everything subject to probate passes intestate. Life insurance is often not subject to probate but it can be. If it passes intestate, if you and your sister are your father’s only living relatives then you may be entitled... View More
I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have... View More
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answered on Feb 26, 2024
In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state... View More
Ive been living at a house for 9 of the last 11 years the owner who owned this house passed away back in june there was no will and his sister, next of kin filed for probate while it was still in probate she served us with a notice to quit in the notice to quit it doesnt state why she served us... View More
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answered on Jan 1, 2024
In situations where a property is in probate, it is possible for eviction notices to be served, especially if the person handling the estate (such as the deceased owner's sister in your case) has the authority to manage the property.
However, the validity and enforceability of such... View More
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answered on Jan 1, 2024
In Colorado, the process of eviction can be affected by the status of the property in probate. When a property owner passes away, and the property is in probate, the legal transfer of ownership to heirs or beneficiaries may impact the eviction process. Generally, the personal representative or... View More
If my biological father died in Colorado and did not leave a will, am I considered the next of kin even though he signed his parental rights off? We maintained some relationship, and I am aware of other potential heirs, but I am unsure if there are any disputes. There are no specific assets or... View More
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answered on Apr 13, 2025
In Colorado, the laws governing inheritance rights after the termination of parental rights can be intricate. Generally, if a biological parent voluntarily relinquishes their parental rights or if those rights are terminated by a court, and if the child is subsequently adopted, the biological... View More
My mom recently passed away while residing in Arapahoe County, Colorado, and she left a will. The will generally states that all assets are left to my dad primarily, and to her two children, my brother and myself, as successors. We do not anticipate any disputes among the beneficiaries. What steps... View More
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answered on Apr 12, 2025
I'm sorry for your loss. To ensure your mother's estate is properly handled in Arapahoe County, Colorado, and to understand your rights as a successor beneficiary, here's a step-by-step guide:
**1. Locate the Will and Identify the Executor**
The original will must be... View More
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... View More
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answered on Apr 12, 2025
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... View More
I was privately hired to care for an elderly lady who passed away on March 24th. I have her belongings, but I'm unsure of what to do with them. She had no will, no next of kin, and, to the best of my knowledge, only had a medical power of attorney. I have contacted the power of attorney, but... View More
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answered on Apr 12, 2025
You’ve been placed in a really delicate and difficult position, and it’s clear you’re trying to do the right thing. In Colorado, when someone dies without a will or known next of kin, their belongings become part of what’s known as an "intestate estate." As the caregiver, you... View More
Is a will executed in 2018 in the state of Colorado, which states it was signed in front of two witnesses but, in reality, only one witness signed along with a notary public (not serving as a witness), valid if the person executing the will had questionable capacity due to health issues, and no... View More
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answered on Apr 12, 2025
That’s a really important question, especially when there are concerns about the will’s validity and someone’s mental capacity at the time of signing. In Colorado, a formal will generally requires **either two witnesses** or it must meet the criteria of a **self-proving will** signed in front... View More
I have reports from the website Ownerly in PDF form that support my claim.
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answered on Oct 28, 2024
Hire a CO attorney to search the title, determine heirship, and give his opinion as to ownership. Taxes, adverse possession, etc. may have terminated your estate interest.
My father passed away in 2023. He told my sister and I we were beneficiaries to the trust prior to his passing. My step mother, the trustee, refuses to provide us with a copy or show us the trust or any of its contents.
I am not able to find a copy of his will, trust or probate in public records.
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answered on Aug 5, 2024
In Colorado, beneficiaries of a trust are generally entitled to information about the trust. This includes a copy of the trust document. Your stepmother, as the trustee, has a duty to provide beneficiaries with enough information to protect their interests.
You should request a copy of the... View More
Me a copy. It has been about 6 week and hasn't been filled with the district court. Further more my step mum passed last June. And my dad did not update his will.
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answered on Apr 2, 2024
Get a CO attorney to file Probate with you as Administrator. If there is a Will, the stepsister will probably come forward with it, especially if she is benefitted by it.
The grandfather passed. His son (The Executor) is attempting to give his own stepchildren part of the inheritance. This means the beneficiary will have to split the inheritance, even though there is no mention of the executor's stepchildren in the will. Are there certain forms to fill out? How... View More
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answered on Nov 27, 2023
Hire a CO attorney now. You will have to file a Motion To Remove Executor For Breach Of Fiduciary Duty. Otherwise the Will might not be enforced.
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