Legal Question in Wills and Trusts in Colorado
My mother passed away 3 years ago. She had no will and I am the representative to her estate. My brother and I are her only surviving family members. Before she died, she had hired a law firm to represent her in a lawsuit. The lawsuit settled and will be disbursing the settlement to me in the next few months. Am I obligated to equally split the settlement with my brother?
1 Answer from Attorneys
The simple answer is probably yes. The claim she pursued in the lawsuit most likely belonged to your Mom. After her death, that claim belonged to her estate. You and brother appear to have an equal claim to her estate meaning that the lawsuit proceeds belong to her estate first.
You may wish to consult with an attorney specializing in estate matters for further information. For example, your question does not provide any information about your Mom's estate being a party t the law suit.
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