Legal Question in Wills and Trusts in Colorado
Not Told That I was the Personal Representative
After my mothers unexpected and tragic death in 2001, my brother took over handling everything. Including receiving monies for my father and depositing it in his and his wifes checking account. He also told my father(who was in a nursing home) and passed away 2/2005 that he couldn't find me and my father gave him sole POA shortly after my mothers death. I recently found out that I was supposed to be the personal representative in both my mother and fathers wills. My brother had possession of the wills and did not tell me that. Is there anything I can do legally to find out how my mothers affairs were handled? Are there legal ramifications for my brother not informing me that I was the PR? My brother will not speak to me nor do I wish to speak to him.
2 Answers from Attorneys
Re: Not Told That I was the Personal Representative
You may indeed have recourse for your brother's actions. You should consider taking the following steps immediately:
1. Hire an experienced trusts and estates lawyer to assist you in analyzing your situation. They will need to review with you the facts and all documents.
2. Determine with your attorney whether you are subject to any time bars that could legally prevent you from bringing an action against your brother.
3. File a Demand for Notice in both estates. Your attorney can advise you about this procedure.
Due to possible time bars, you should schedule your meeting with your attorney immediately. Otherwise, it is possible that any claims that you could raise might be barred under Colorado law.
Re: Not Told That I was the Personal Representative
First, go the to probate court and review the case files for your mother's and father's estates. Each file should contain an inventory and a record of the final distributions under the wills. If anything looks improper, you should make an appointment with an Elder Law attorney right away to discuss your options. As a last resort, it may be possible to reopen the estates to take care of any unfinished or unresolved matters.
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