Legal Question in Wills and Trusts in Colorado

My wifes mother left a will. that provided for her health,education,medical,maintenance and support. Her brother is the executor of her estate he has sole discretion in how the money is to be distributed. She has asked for an increase in her monthly support and it has been denied. The amount she asked for is $1500, she now gets $960 do we have any legal remedies in this matter. The will was executed in the state of Colorado


Asked on 1/15/15, 2:23 pm

2 Answers from Attorneys

Robert Murillo Pivotal Legal Ltd.

I am sorry about the problems. Your post, however, is unclear and describes instruments that are not used as you describe. A will is the statement of the deceased's intent regarding the distribution of their assets. The person must have passed and the will must go through probate. It is not a document related to the support or other services for a person that is still alive. That document is normally a power of attorney. It cannot be a will. The person with authority under a power attorney is the agent (not an executor) and the principal, your mother, has the authority to terminate the power of attorney as long as she has mental capacity.

Your mother needs to speak with an attorney immediately because this makes no sense so either this plan was setup without competent legal counsel or there are other issues. She needs legal advice now.

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Answered on 1/15/15, 2:39 pm
Dave Rich Flatiron Legal Advisors, LLC

It sounds like your mother-in-law had a trust of some sort, as the "health, education, support and maintenance" standard is typical trust language for a trustee to follow. She may also have had a will and it's possible that the will had to be probated and it's also possible that there was a testamentary trust in the will. I would be available to look at the documents if you want to contact me. It is possible to get the trustee removed if he is not acting in the beneficiary's best interests, but I'd need to know a lot more about the trust assets, and other information to give you any sort of comments about what you could do.

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Answered on 1/15/15, 3:27 pm


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