Legal Question in Wills and Trusts in Colorado
My common law husband passed away a few months ago. I am the PR and I am following his wishes as to how to distribute items. He said it was written down when I asked him about it but I have since found that was not the case, so I am going off of discussion we had. I have asked his children to return some items of mine that they took camping last year and he was too sick to unload from a utility trailer. When I asked for these items and the trailer returned, they stated they wanted the car. I took them the car and they demanded the title, after I gave it to them they refused to let me hook up to the now empty trailer or get any of my stuff back. It is a very hostile situation and anytime that I have communication with them it ends up in a screaming match and they become very aggressive, is there anything that I can do or is it just all lost?
1 Answer from Attorneys
Your post brings up multiple complications and issues. You say you are the PR. So you have letters of appointment? If so, then either the will had to be probated or there is no will and this goes under intestate. You say there is no will so the assets must pass under intestacy. You can't merely go off of discussion. That is not allowed.
Ultimately, if the husband had assets his assets must pass under probate. If you are appointed the PR, you must distribute all assets under the intestate statute. Don't just hand over assets without following probate procedure to the letter. If there are issues, then you may want to consider formal probate.
In the end, you need advice from a probate attorney immediately.
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