Legal Question in Wills and Trusts in Colorado
My grandfather passed and left no will. He has a small farm that I assume would be passed to the next of kin (my aunt) however we never even found out until weeks after his death by a neighbor that has all his keys, as well as his wallet with ID. They called and harassed my mother for his land a year ago after he died. My aunt did pay for the death certificate and ashes from cremation and as well is currently paying on land taxes. The main issue however with the home is the fact that both mother and aunt are disabled and in a different state living off of a fixed income. My Aunt has medical issues which basically bars her from being in high altitude. I guess the main question is will I have to go through probate to start clearing some things off the property for them? The neighbors won't give his items back and are claiming the place was put up for auction and sold however there's no proof on that and I've recently seen the place and its still in full mess with his belongings and no occupants. I do have permission to clean up the place from my aunt as well as mother but i'm just trying to figure out if its legally allowed and whatnot. Plus how do I get keys back from somebody that was already trying to swindle the land out of my family? should I just switch out doors and change locks?
1 Answer from Attorneys
If your grandfather passed away owning an interest in ANY real estate, that interest and his estate will need to be probated. Contact an attorney who specializes in handling decedent estates. An alternative is to contact the Public Administrator for the County where he lived for assistance.
Good luck.
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