Get free answers to your Probate legal questions from lawyers in your area.
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
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
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
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
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.
Two aunts ,who has done other embarressing actions, also I'm homeless
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answered on Nov 16, 2023
Whoever has title to the home can sue you for possession.
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answered on Nov 13, 2023
This is a complicated legal question. Depending on how the deed is written, the property could already belong to someone else. For example, it is a joint tenancy with the right of survivorship. You most likely need to talk to either a real estate or estate attorney. If the property passed into the... View More
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answered on Oct 18, 2023
If a Colorado beneficiary hasn't received their inheritance after probate has closed, they should first review the will to confirm their entitlement. Contacting the executor is the next step to inquire about the status of the inheritance. For personalized legal advice tailored to your unique... View More
Her mother passed away in August 2021, and was told by stepfather to come and get her $80,000 inheritance. She was given specific information regarding where and how to pick it up, but upon arriving, stepfather told her to go away. He claims to have given everything to her brother, including her... View More
answered on Oct 5, 2023
Your girlfriend should call a probate lawyer. Also, if you're in Denver, the Probate Court there has some resources available where she may be able to get some generalized advice or help. (Information available here: https://www.courts.state.co.us/Courts/Denver_Probate/Index.cfm) Other courts... View More
Also if that owner is deceased and the there is a will showing that the property is given to a child but the probate haven't taken place yet due to possible fraudulent proceedings from ex wife with the will concerning other things not the property.
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answered on Sep 14, 2023
In Colorado, property owners are generally notified about tax liens and given a specific period to address the outstanding taxes. If the owner is deceased and there is an ongoing probate process, the resolution of tax matters may be addressed as part of the probate proceedings, which can vary in... View More
My mother-in-law passed away August 26, 2023 when can my wife release the beneficiaries money to the trust? She was in long-term care for the last 26 months.
answered on Sep 4, 2023
That depends on the language of the trust instrument. Some living trusts authorize a distribution upon the death of the settlor, some allow the distribution upon settlement of the settlor’s probate estate, some provide for distribution at a fixed date or period of time.
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