Legal Question in Elder Law in Colorado

I have an aunt who pasted away 1 month ago and left everything to her sister. Her husband, my blood uncle and only brother of my dad, is in a care facility with only SS, a small pension and Medicare and Medicaid. My aunt had everything put in her name before passing except for 1 vehicle which was in both of their names. My sister and I are going to assume power of attorney for him, but are wondering if the vehicle is now his property and can we use this to help him. He has no other money and the vehicle is not worth more than $2000.00. My aunt's sister is quite aggressive and is causing an added element of stress. What can we do?


Asked on 9/27/11, 12:20 pm

1 Answer from Attorneys
Gary C. Johnson Attorney Gary C. Johnson

A married spouse can only transfer their own separate property in the absence of a contractual agreement with the other spouse. Frankly it sounds like everything should have passed to your uncle.

I recommend having an attorney review the aunt's estate documents.

DISCLAIMER This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. http://www.garycjohnsonlaw.com 720-323-3776

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Answered on 10/04/11, 3:28 pm


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