Legal Question in Wills and Trusts in Colorado

My mother passed away. The main asset was in a trust. There was no probate. All remaining assets covered in a pour over will. We wish to transfer mineral rights(low value) from mother to beneficiaries. What documentation does a county in Colorado require?


Asked on 12/06/13, 10:45 am

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

If the mineral rights were owned in the trust, then you must first determine what type of rights are being considered. Those associated with a Mineral Deed will require a deed signed by the trustee. Those represented by only a contract interest will be transferred by an Assignment.

If the mineral interests are passing via the Pour Over Will, then you may need to open a probate estate to pass any mineral interests that represent interests in real estate.

Consult with an attorney specializing in trust and estate administration for further assistance.

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Answered on 12/06/13, 11:42 am


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