Legal Question in Wills and Trusts in Colorado

Sell of Mother Home before her death

My mother had demensia. She died April 26,2003 . Her house was sold before her death by my Brother John. Is this considered part of her estate that should be divided between

the 4 of us who are left as heirs in her will? She did not know that her house had been sold. Her signature was not on the sale of the house. John who was the representative of the will, signed and sold this home Aug 29, 2002 for $195,000. With a $75,000 lien against it to pay for her care in a nursing home. I feel that my sister Carol and I are being cheated on what is left from this estate. The house is not included in the summary from John's attorney as part of the real estate. It says $0 on the real estate. Does his attorney have to document what has been paid for, before there is a disbursment made to the 4 of us? Can this situation be sent to a probate attorney? I feel that it is being unfairly disbursed.


Asked on 10/17/03, 4:18 pm

2 Answers from Attorneys
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Sell of Mother Home before her death

You should immediately consult with an experienced trust and estate attorney concerning this situation.

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Answered on 10/17/03, 4:24 pm
John Campbell Law Offices of John J. Campbell, P.C.

Re: Sell of Mother Home before her death

If the home was sold prior to your mother's death, that real estate would not be part of your mother's estate. However, any cash remaining from the August, 2002 sale would be property of the estate and should be shown in the inventory. This may show up as cash, securities, or any one of a number of categories into which the proceeds of the sale may have been invested. The inventory should show only property your mother owned as of the date of her death. I would recommend that you make an appointment with an experienced probate attorney to review the paperwork and the documentation and advise you on how to proceed. I would be happy to help. Please feel free to contact me.

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Answered on 10/17/03, 5:18 pm


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