Legal Question in Wills and Trusts in Colorado

Statue of limitations on real estate willed to children. One sibling has the property and owes equal shares of money to the other siblings. We have waited six and a half years for pay off and need to know if there is a statue of limitations for this.


Asked on 8/21/12, 2:46 pm

1 Answer from Attorneys

Dave Rich Flatiron Legal Advisors, LLC

Assuming the statute of limitations relating to real estate applies, that statute of limitations is 18 years. But what do you have to lose by pursuing this in any case - it would be up to the other sibling to raise a statute of limitations defense in any case. What have you been waiting for? Depending on the will and the probate, you likely could file a motion to compel or file a partition action under the probate code. I take cases like these on a contingent fee (percentage fee) basis sometimes if you want to discuss it further.

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Answered on 8/21/12, 8:52 pm


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