Legal Question in Wills and Trusts in Colorado

Re: Father's Death

First, I would recommend starting by asking his wife. If she does not know where it is, any place where he kept his personal effects would be a good place to start looking. If he had an attorney that he used from time to time, contact that attorney. The attorney would likely know whether there was a Will, and if so, where to find it.

If there is not a Will, you will probably want to file a probate case. The Court will then use the statute to determine who gets what.

If you get on good terms with your step-mother, there is a good chance that you and your brother can get some of your father's pesonal effects without much trouble. If there is no Will to be found, and you can't get on good terms with your step-mother, it is possible that you and your brother will get very little of his effects. Generally, if the children are adults, the spouse will get most of the estate.

Your step-mother may open a probate case sooner. Be sure you get notice if she does. If you're not sure, you can call the District Court in the County where your father last lived and ask if there is a case with his name on it.