Legal Question in Wills and Trusts in Colorado

My mother died in 2013, leaving my dad the sole owner of two real properties, of which one is mortgaged the other not. My father passed away Nov. 2014 and I am the Personal Representative of his estate. He died intestate, but had conveyed his final wishes to me, my children, and my sister numerous times before his death. He allowed my sister to live in the house that was not mortgaged on the condition that she would pay "rent" to him or, in the event of his death, to myself, until she had paid off my half. Even had "Lease to Purchase" paperwork drawn up, but could not get her to meet him to have them notarized, but she knew about them as he told her numerous times. She hadn't paid a single dime to him or myself since his death. What legal recourse do I have? Can I treat it like Landlord/Tenant relationship and have her evicted so that the place could be sold and the proceeds be split 50/50?


Asked on 5/27/15, 6:03 pm

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

No, you may not treat it as a landlord-tenant situation. If you wish to have what your father told you adopted as how his estate will be administered, you will need to petition the court where his estate will be opened. Whether you have the required, "clear and convincing" evidence required cannot be determined here.

You should immediately seek the assistance of a law firm that specializes in estate administration before taking any further actions.

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Answered on 5/28/15, 7:30 am


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