Legal Question in Wills and Trusts in Colorado
No will/ is there a statue of limitations to settle property dispute
Having left no will, two sisters in my mother's family are in a dispute about my grandmother's property. My grandmother died in 2000. There was no will, but both sisters' names are on the deed/title of the home. One of the sisters has been living in the home and did provide care for their mother prior to her death. She did so voluntarily. She is now claiming that the entire property should be hers given that she took care of their mother. No agreement was ever made between the sisters or my grandmother to this end. One of the sisters began trying to divide the property in 2001, but all attempts at arbitration etc., have failed. The sister who is claiming that the house belongs to her is now claiming that there is no ''case'' because of a statue of limitations. Is any of this correct? It was my understanding that if both names are still on the title/deed of the house, that the property belongs to/and should be divided between those whose names appear on the title/deed.
1 Answer from Attorneys
Re: No will/ is there a statue of limitations to settle property dispute
If both sisters names appear on a title of record, then they are both current owners. This assumes that they were joint owners with the deceased grandmother. If the property was held jointly, then the lack of any Will is irrelevant.
There is a limitation of one year after the death of a person in which to file claims against the estate. There are other applicable limitations on other actions. To determine which statutue of limitations applys, and for advice on your situation, you should consult with an experienced attorney immediately.
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