Legal Question in Wills and Trusts in Colorado
Bank accounts emptied the day Dad died
The day my Dad died my step mother emptied their bank account. She did not know he had a will, leaving his half of every thing to my brother and I. She has had their car put in her and my step sisters name. The will states to sell the car and divide the moneies. The house was my fathers and mothers before he married her. Our mother died while we were babies, should it not be partialy probated to us? We have a good lawyer, but he is really slow. It took him two weeks to advise her of will. What can we do about things that are missing. The will stated all personal property to go to my brother and I. Can we force her to get it back. If she sold it, is she responsible to give the moneies to us? My step sisters have a lot of Dads things at their house, what can we do there?
Thank You!
1 Answer from Attorneys
Re: Bank accounts emptied the day Dad died
Since you are already represented by counsel, you should ask these questions to your own lawyer. If you are not satisfied with your lawyer, then you should hire another lawyer.
Second, you should follow the advice of your lawyer. You may not be happy to learn that the law may not favor the result that you desire, or that it may take time, effort and resources to attempt to create the result that you desire.
Many of the consequences you see are those desired by your father by how he titled property before he died. Next, there are statutes that protect surviving spouses (absent an agreement to the contrary) that provide certain amounts and percentages to the surviving spouse regardless of the terms of a Will.
Meet with your lawyer immediately on these questions.
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