Legal Question in Wills and Trusts in Arizona
I am the surviving spouse without a will. We owned mineral rights which were put in only my husband's name. We purchased it together with his brothers, our contribution was $4,000. How can I go about putting it in my name? The property is in Colorado. The rest of our property is in both of our names.
1 Answer from Attorneys
Since there was no Will, state law determines who will inherit your spouse's estate. In general, it will be split between the surviving spouse and the decedent's children. The title to property will create a presumption of ownership, subject to evidence being presented to the contrary. To transfer ownership in real property in CO, you will need to have an ancillary probate that state. It is important that you get legal counsel so that you know who to deal with and how to deal with them, and hopefully all will work together to keep the costs and expense to a minimum.
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