Legal Question in Wills and Trusts in Colorado

My sister was appointed the conservator for my Mother in June, is the sucessor trustee to her my Mother's trust, and is to be the personal representative after my Mother's death. My Mother just passed away this week. My question is: when do all of these powers my sister has had or have end? And which one takes precedence over the other?

As a benefiiary to my Mother's trust and in her will, do I have any rights? I keep asking her for a detailed/itemized accounting report of all income & expenses, but she refuses to give me one. What can I do?


Asked on 1/17/13, 10:36 am

1 Answer from Attorneys

Dennis Valentine Law Office of Dennis Valentine

Each relationship such as conservator, trustee, and personal representative has somewhat different responsibilities to you and different powers to deal with your Mother's property. In brief, the conservatorship terminated with your Mother's death, but your sister has the obligation to make closing reports to the court that appointed her and that you should have access to receive.

The status of personal representative requires appointment by the court. The court will require some minimal reporting to you as a beneficiary,and you can request that the probate process be formal and supervised that will give you more information.

The trust typically operates outside court supervision and continues after your mother's death. Property of your mother titled in the trust before your mother's death stays under the trustee's control. Probate property would be controlled by what the will says. Does the will move some property into the trust after your mother's death? That is common but not required by every will. You are entitled to receive information about the trust if you are a beneficiary of the trust

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Answered on 1/17/13, 11:48 am


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