Legal Question in Wills and Trusts in Colorado
My mother recently died, there are no bills owed except 5000.00 to medicaid and we are willing to pay that up front. The home is owned outright. We paid for the funeral in full. She had a will. My question is why does this have to go through probate for 120 days?
Asked on 10/15/09, 10:17 pm
2 Answers from Attorneys
Robert Murillo
Pivotal Legal Ltd.
Because that is the law. If she had a will and the assets were not structured to avoid probate (joint tenancy, pay-on-death, so on) then the will most proceed through probate either formally or informally. The personal representative is the one primarily responsible for the matters and they should proceed with advice of counsel.
Answered on 10/21/09, 2:46 pm
Bernard Greenberg
KOKISH & GOLDMANIS, P.C.
Probate is required when the decedent owned any real estate.
Answered on 10/21/09, 3:48 pm