Legal Question in Wills and Trusts in Colorado
''Just cause
Originally I was made the executor of my parents will before my father passed away. The estate was to go to my mother, after her death, the remaining assets to be divided equally between four adult siblings. My mother was admitted to a nursing home 3 years ago by my brother and one sister and the will changed. My brother became the executor,everything was kept a secret. My mother passed away last week, do I have a right to see the new will? Do I have any rights now since this was done while my mother had dementia?
2 Answers from Attorneys
Re: ''Just cause
As an "interested person", you definitely have the right to see the will and to receive copies of all documents filed with the court in connection with your mother's estate. Further, if the new will was executed by your mother at a time when she was incapacitated, you may be able to contest the validity of the will. You should contact an attorney with experience in will contest litigation as soon as possible to discuss your case in detail.
Re: ''Just cause
Yes, you have a right to see the new Will. You may also have rights to contest the Will if your Mother was incompetent at the time it was made.
You should immediately consult with an attorney who is experienced in this area. There are certain deadlines that could apply to your claims and if you don't take actions before these deadlines, your claims could be barred by law.
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