Legal Question in Wills and Trusts in Colorado
Conservership
My dad recently passed away in June 08 my brother was the Consevetor of his estate. He only had about 40K in cash and a 5K life insurance policy. My father did not have a will, There were 5 children including my brother. One of my sisters died of cancer October 25, 2007. My brother distributed the money to the 4 living children. Does the law state that he has to give a portion of the money to the children of my sister that passed away?
1 Answer from Attorneys
Re: Conservership
No. Under Colorado law, if there are living children, they divide whatever is left. There is no requirement that a portion be set aside for any descendents of a child who passed away before the parent. If you and your siblings feel they should receive her portion, you are certainly able to each give "her portion" to them.
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