Legal Question in Wills and Trusts in Colorado

I have a family friend who is currently contesting an informal estate. They have been in probate with the current personal rep of the estate for almost 2 years in which nothing has been resolved, bills have fallen behind and assets of the estate has come up missing which as far as I can tell through my research is the responsibility of the personal rep. I have advised them to gather incriminating evidence as to the fudiciaries unprofessional and down right fraudulent actions as to date. My hope in contacting you is that I might be able to find them someone more educated and experienced in the issue at hand than myself who, if anything, can at least offer them some sort of guidance in pursuing this matter. I just can't stand by and do nothing while I feel that the fudiciary is taking advantage of a widowed mother and her only daughter who just lost her father.

Any help or advice you may be able to offer (no matter how insignificant it may seem) will be eternally appreciated. Thank you for considering this matter and look forward to hearing from you in the near future.


Asked on 10/20/13, 8:20 am

3 Answers from Attorneys
Robert Murillo Pivotal Legal Ltd.

I am sorry about the problem. The only advice is for them to speak with an attorney to review the matter and see about the rights. There is no other advice given the amount of time this has gone on and the inherent complexity of probate and fiduciary duty. Most attorneys have a free consultation, so your friends can see who they want to work with.

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Answered on 10/20/13, 8:27 am
Dave Rich Flatiron Legal Advisors, LLC

They should file a motion to have the current PR removed. The estate usually will be ordered to reimburse them for their legal fees (since they are acting in the interest of the estate). The court usually will appoint a special administrator to handle the estate thereafter. I have experience with this if they would like assistance - feel free to call me. I hope this helps.

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Answered on 10/20/13, 9:57 am
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

I concur with Mr. Rich, file a Petition ASAP for removal of the PR. There are numerous attorneys in Colorado who specialize in estate litigation and you can find these by going to the Colorado Bar Association website: www.cobar.org for further assistance.

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Answered on 10/21/13, 8:22 am


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