Legal Question in Wills and Trusts in Colorado
Heirloom items willed to me
My mother recently passed away. She was divorced from my father and remarried to someone for 17 years. My mother brought all of the furniture to the second marriage which includes several antiques and other heirloom items such as crystal, jewelry, an antique auto valued at approx. 60K, etc. She told my siblings and me that we would inherit the heirlooms upon her death, however her second husband has refused to release any of these items and his son from his first marriage has been seen around town in the antique auto! My siblings and I have not seen a will and my mom's second husband has basically written us off since my mother's death. We aren't greedy, just sentimental. Do we have any recourse?
2 Answers from Attorneys
Re: Heirloom items willed to me
You may recourse and you do have certain right based on Colorado's Probate Code.
First, you are an interested person and an heir under Colorado law. That entitles you to a copy of the Will and copies of any documents filed in the probate of her estate.
You should file with the Court and the Personal Representative a Demand for Notice. You can obtain copies of probate documents to file from the Colorado Supreme Court's web site. You may also wish to view the Colorado Bar Association's web site, located at: www.cobar.org where you will find useful information.
Second, you should consider engaging the services of a qualified estate attorney to assist you. This does not mean a certain result would be achieved, but that you would receive adequate legal representation.
Third, it is important to realize that your Mother's wishes could change over time and what she told you may not be what is in her Will. Additionally, any property that she placed into joint tenancy with her husband would belong to him by operation of law, as they pass to the surviving joint tenant outside of her Will and the probate of her estate.
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Re: Heirloom items willed to me
Unless your mother left a written will, her property would pass under the state laws of intestacy. It makes no difference what your mother may have stated to you during her life. Without a will, assuming you and your siblings are not minor children, all of your mother's estate would go to her surviving spouse.
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