Legal Question in Wills and Trusts in Colorado
Can Executor of Deceased Change a Will
My mother inlaw passed away 2 weeks ago. My husband passed away 1 1/2 yrs ago. My sister inlaw states that she needs copie of his death certificate for proof that he is deceased. My husband is listed as a beneficiary on his mother's will. She states that since her brother is dead, and her mom didn't change the will after he died, and since my name is not mentioned on the will, that I am entitled to nothing. Am I entitled to my spouse's inheritance, even though he is dead? She feels that I am not entitled to anything. Can she make any changes, and would the attorney they are using (since it's in probate), would he have to contact me since my husband's name is on the will?
1 Answer from Attorneys
Re: Can Executor of Deceased Change a Will
Whether you are entitled to anything will depend on the terms of the Will not on the fact that you were married to a beneficiary who died before the maker of the Will. Unless the terms of the Will provide that the share for your husband was to pass to you if he did not survive his mother, or unless, there is a share in the Will for you, then you may not be entitled to anything.
You should take a copy of the Will immediately to a properly qualified estate and trust attorney to receive proper legal advice.
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