Legal Question in Wills and Trusts in Colorado

After my fathers death, my sibling took items and gifted them to others without my knowledge or the knowledge of my other sibling. Dad's will states we are to collaboratively figure this out together. Sibling refuses to follow the will. I want to take himto court. My dad died in another state-We live in the same state. I have had an estate lawyer look at the will, and am clear on it's intent. Do I go to small claims court? What do I file?

My desire is to meet with my siblings and follow dad's will as he intended. The sibling who is not is claiming because he is the only male he has the right to do so. I am the oldest.


Asked on 3/30/13, 5:39 am

1 Answer from Attorneys
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

You start by filing a Demand for Notice in the probate proceeding. Second, you can file a Petition with the Court (Probate Court) about this and possibly request the Court remove your sibling as the Personal Representative due to his conduct.

If you already have an estate lawyer, is there some reason that you are using that lawyer for these issues?

Read more
Answered on 7/25/13, 10:32 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Colorado