Legal Question in Wills and Trusts in Colorado
My rights as a child of the deceased,if estate is in probate.
My father passed away August30th 2001.He was married, not my mother.He had always expressed he had a will.She says there isn't and now is in probate.In colorado,does the law read that everything goes to the spouse or is it also split between children.I feel there's some missing information.The house was purchased several years before they were married and was in his name only.He told me about 2 years ago that the house went to my brother and me.The wife now says the house in both their names.Basically, what are my rights if any.I don't want to cause any trouble,but feel I need to find out the legalities of it all.
3 Answers from Attorneys
Re: My rights as a child of the deceased,if estate is in probate.
The law of the state where your dad lived apply.
It should be easy enough to do an abbreviated title search to determine how title to the house was held. If wife's name not on the deed, it is likely she has a life estate. Get a lawyer.
Right of election, joint tenancy, intestacy
Louise Aron
Attorney at Law
Lakewood Office:
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LawGuru User
Dear LawGuru User:
I do not believe that I have enough information to answer your question with certainty. However, here is my very preliminary analysis of your situation.
First, every effort must be made to find the Will.
In Colorado, a wife is entitled to half of her husband's estate - it is called a Right of Election or an Elective Share. With respect to real estate, if a house is in joint tenancy (this must be determined by examining the deed or title), if either of the owners dies, the property belongs to the survivor.
To greatly simplify what may well be a complex matter, if your father's house is/was in his name, half of it will belong to his wife and half to his other heirs. When there is no will, the deceased's heirs will usually, but not always, be his or her children. The Right of Election (Elective Share) requires that the wife not be disinherited, while the Laws of Intestate Succession (laws which apply to death without a will) provide for gifts to children.
Please feel free to contact me with further questions.
Thank you for using LawGuru.
Sincerely,
Louise Aron
Attorney at Law
My web site http://effectnet.com/la/
Re: My rights as a child of the deceased,if estate is in probate.
You may have rights under Colorado law that should be investigated. I recommend that you engage the services of an experienced truats and estates lawyer to assist you.
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