Legal Question in Wills and Trusts in Colorado

Re: Stepmother did not tell of her husband's death to his children

You should begin by checking the probate court records in the county in which you friend's father last resided. If there was a will, the decedent's children would certainly have a right to know and to be notified in the event of any probate proceeding.

Re: Stepmother did not tell of her husband's death to his children

Here are the steps that I would recommend:

1. Immediately engage an attorney in the Colorado county (or nearby) where the death occurred who is experienced with estates, and estate litigation.

2. Contact the District Court, Probate Division for the county where the death occurred. If in Denver County, you would contact the Denver Probate Court. The Court can tell you if Will was lodged and an estate opened.

3. An estate would have to be opened to legally transfer any assets from the father's name into the name of the proper beneficiaries. This would not be required if assets were held with the surviving spouse in joint tenancy.

4. If the Will was lodged you can obtain a copy to determine if any one other than the surviving spouse was the proper beneficiary. If he died without a Will and owned property that wasn't in joint tenancy, then his children have rights that may not have been protected.

These steps should be followed as soon as possible as there are time bar statutes that may apply.