Legal Question in Wills and Trusts in Colorado
Widow's Right
My husband recently passed away because of brain cancer. We had been married for just shy of 2 years. His will was drawn up before we had even met, naming his mother as beneficiary. The only ''things'' that my husband owned was the house and a garage full of tools. My mother intends to sell the house very shortly and I have recently had to move out of my husband's house because of this. What are my rights concerning the profits from the sale of the house and/or any of my husband's belongings?
2 Answers from Attorneys
Re: Widow's Right
In Colorado, a surviving spouse is protected and has rights to what is known as the Elective Marital Share if the spouse is not satisfied with what the Will provides them.
There are serious time limits on your rights to claim this as well as other allowances that Colorado law provides the surviving spouse. You should contact a qualified estate and trust lawyer immediately for assistance.
Re: Widow's Right
Since your husband's will was executed before your marriage, you are entitled to a significant portion of his estate. Depending on whether your late husband had surviving children, you may be entitled to over 75% of the estate. However, you should act quickly to preserve your rights. I would recommend that you consult an attorney immediately and bring a copy of the will. I would be happy to help. Please contact our office if we can be of assistance.
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