Legal Question in Wills and Trusts in Colorado
I have a family friend (not related to me) who has passed, and he had no kids, or wife. The only person related to him is a brother who lives in Europe. His brother will not come here to do any inheriting because of his poor English. The person who passed completely owned his property. Is there anyway I could probate the property to his brothers name by getting him paperwork and in the process also get some of the property? essentially being a middleman for his brother, but negotiate to receive some of the property or value.
2 Answers from Attorneys
Probate must be opened and a personal representative must be appointed. The personal representative can get compensation as allowed under the estate agreements or as allowed under probate law.
Your friend needs to retain an attorney in Colorado to proceed with the probate. Assuming there are no estate documents, you could propose that you are appointed and make clear your proposed compensation. That can then be approved by the court. You cannot advise this brother on probate matters or law at all or you are breaking the law (unless you are licensed attorney). You cannot probate this at all.
We handle probate cases like this and could assist you. You can receive a reasonable amount of compensation for your time as personal representative, but you could not be paid as an attorney or the like to probate the estate since you would then be practicing law without a license.
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