Legal Question in Wills and Trusts in Colorado
My father had a will leaving everything to my mother and if she passed all would go to me as his only child. My mother passed and he remarried. He then added a codicil leaving the house to me (she sold her home when they married and gave the money to her adult children) but she will live in the home until she dies. Dad has passed away leaving her 1/4 million dollars but now she wants the house and any money left to me in an insurance policy. They were married 22 years and are in Colorado. Is she entitled to the house and money left to me? Thank you
2 Answers from Attorneys
I would need to see the will to fully answer this. A spouse in a second marriage gets less than a spouse would in a first. The spouse could also choose what is called an elective share and she'd be entitled to 50% of the "augmented estate" if they were married for 22 years, this likely would include the value of the house but may or may not include the insurance. You should probably meet with a lawyer and go over the documents since more detail is needed. Hope this helps a bit at least.
I concur with the answer of Mr. Rich. She would be entitled to at least her statutory share under Colorado law. The calculation of an augmented spousal share is a complex legal calculation and you should meet with your own attorney who specializes in this area of law. The augmented estate can include assets that are not part of the probate estate.
The best starting point is to take all the documents to an attorney in your area who specializes in estate administration.
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