Legal Question in Wills and Trusts in Colorado
Letter of testimentary
I am refinancing my house and discovered my father's name is still on the title along with mine as Tenants in Common. He died six years ago and although a death certificate was sent to the county clerk & recorder, his name was not removed. Despite the fact that my mother is still alive and is sole owner of my dad's estate, I was told I would need a letter of testimentary to remove his name from my title. Is that true? How might I proceed? Thanks.
1 Answer from Attorneys
Re: Letter of testimentary
Because it was in tenancy in common, your father's interest passes through his estate pursuant to his Will if he had one, or Colorado's laws of intestacy if he didn't.
You cannot clear title to the property without an estate administration for your father's estate.
Contact a qualified estate attorney in your county for assistance.
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