Legal Question in Real Estate Law in Colorado

My son's dad ( ex husband died) 7/20/2012 with no will..I bought him a 1965 Chevy bell air when we were married... and let him have it in the divorce..with the verbal agreement that him and our son would fix it and our son would get it when he graduates from high school... my son being 15 yrs old..and the car being at his dad's and his wife's residents..she has threatened my son with that car a number of times...saying she was going to sell it and it was her car now....IS THERE ANYTHING I CAN DO? i bought the car from his cousin and getting a receipt will be no problem


Asked on 10/19/12, 10:23 am

1 Answer from Attorneys
Dave Rich Flatiron Legal Advisors, LLC

Trying to prove that the car should go to your son could be tough - you probably will need a lawyer involved to make that case to the probate court. Do you have any witnesses or proof of any sort that that was his intent?

If there was no will, your son may be entitled to part of his estate in any case. If he had any significant amount of property (i.e., more than $250,000), it would be worth talking to a probate lawyer about your son's rights. Also, keep in mind, if the father had a child support obligation, that obligation continues despite his death until his child support obligation ends and you should look into filing as a creditor of his estate for the child support (you could ask for the present value of the future payments, for example). Hope this helps.

Hope this helps.

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Answered on 10/19/12, 10:37 am


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