Legal Question in Wills and Trusts in Colorado

My parents had a joint will and have both passed on. In their will they left a sum of money to their children (they both had kids from their first marriages), and the wording of their will notes that they leave a certain amount to their son "John Smith and spouse." Does this inhertiance automatically become marital property? Is there anything that I can do to protect my inheritance from becoming marital property?


Asked on 7/21/10, 12:23 pm

1 Answer from Attorneys
V. Iyer Iyer Law Office, L.L.C.

It possibly could as the beneficiaries are jointly to Jon Smith and spouse. It may be that your parents intended that the bequest to their son also go to his spouse.

You cannot change the directives of the will declarant; unless you can show that was not their intent (hard to do) or the bequest is ambiguous (hard to do) or their is fraud, duress or coercion, or some factor which will convince the court not to follows the will declarant's directives.

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Answered on 7/21/10, 4:22 pm


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