Legal Question in Wills and Trusts in Colorado

You are entitled to information, but not any money. A parent is not required to leave money to a child when they die.

You are entitled to know if you were included in the Will. You are entitled to know what is going on with your Father's estate.

Again, being entitled to information does not entitle you to any money or property. That question is determined by the terms of your Father's Will. If he died without a Will then different rules apply.

You should consult with an experienced estate attorney in Colorado to advice tailored to your situation and the specifics of your Father's estate. Input from this website, or any other, should not be construed in any way as legal advice on which you can rely.

You are entitled to information as a potential beneficiary and that information may lead to money that properly belongs to you. All titled property had to have either a contractual right to transfer the title or the right ordered by a probate court. For example a house or a car have titles. Under Colorado law under the facts you describe, the surviving spouse receives $150,000 plus one-half of the balance (with some other modifications) and the balance goes to you. The concept is that you are not the natural heir of the surviving step-spouse and so you are entitled to a share of the estate.

Under the pre-1990 Code, the decedent's surviving spouse received the entire intestate estate only if there were neither surviving descendants nor parents. If there were surviving descendants, the descendants to one-half of the balance of the estate in excess of $50,000 (for example, $25,000 in a $100,000 estate). If there were no surviving descendants, but there was a surviving parent or parents, the parent or parents took that one-half of the balance in excess of $50,000. This section was revised in 1990 to give the surviving spouse a larger share than the pre-1990 UPC. If the decedent leaves no surviving descendants and no surviving parent or if the decedent does leave surviving descendants but neither the decedent nor the surviving spouse has other descendants, the surviving spouse is entitled to all of the decedent's intestate estate.

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