Legal Question in Wills and Trusts in Colorado

My Son's Will

My son was in the Army and had his will made through the Army back in July 2005. He made me executor and beneficiary. He deployed to Iraq in November 2005, took a 2 week leave in 2006 to get married, but never updated his will. He updated all his other important papers, but not his will. He was killed in Iraq in October of 2006. The army went over his will and made the decision to honor his wishes. His wife has gone to an attorney and is claiming she is the beneficiary of his entire estate, which means I may not get any of his personal belongings. They have informed the Army of her legal rights. My question is this, does Colorado Law supercede the federal govenment? I've already been told that it's being treated as if there was no will. And since they were only married 4 months, is there some kind of exception? Basicly, I just want to know if I have any legal claim for his personal belongings, since I was his mother for 24 years and she was his wife only 4 months. Do I have any chance of having any of his things.


Asked on 2/12/07, 3:24 pm

2 Answers from Attorneys
Robin Gordon Gordon Law Group, PLC

Re: My Son's Will

I am not licensed in Colorado, but the law in Tennessee is that the will would govern your son's estate although your son's wife would have the right to dissent from the will and still take a portion of the estate. The percentage will be determined by Colorado law.

I am very sorry for your loss and I wish you the very best.

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Answered on 2/13/07, 5:44 pm
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: My Son's Will

First, my condolences on the loss of your son. His Will should be recognized. There are several interesting issues that you should investigate with your own attorney.

Your first step should be to hire your own counsel who is familiar with the law of the state where your son was domiciled.

You should also be aware that the length of your son's marriage is normally not a factor in the administration of his Will, unless it affects in some way the validity of the Will.

Second, this would not normally be a matter of federal law, but of the state that would govern the validity of his Will and the administration of his estate. This is why you should first consult with an attorney .

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Answered on 2/12/07, 4:33 pm


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