Legal Question in Wills and Trusts in Colorado
My brother died without leaving a will. His daugther, next of kin, is applying to be the Personal Rep to handle legal affairs and execute the estate to probate.
Is she acting as executor and does PR give her those same rights? Who really is in charge of making decisions as to his assets?
2 Answers from Attorneys
If she is appointed as the personal representative then she has authority of all the assets and of taking care of the probate, which means paying creditors and distributing assets. You can oppose her being appointed but a motion must be filed. You need to retain an attorney if you are considering that route.
In Colorado, the Personal Representative is the title for the individual serving in the same role as is often called an executor. The name for this role is based upon the state statute.
The state intestacy laws, title (whether individual or joint) to property such as real estate and cars, and his beneficiary designations on such items as life insurance and retirement accounts will govern who receives his assets. The Personal Representative's job is to make sure the proper beneficiary receives those assets or the value of those assets if they need to be sold.