My Son's will

[Demife]

My son was in the Army and had his will made through the Army back in July 2005. He made me executor and beneficiary. He deployed to Iraq in November 2005, took a 2 week leave in 2006 to get married, but never updated his will. He updated all his other important papers, but not his will. He was killed in Iraq in October of 2006. The army went over his will and made the decision to honor his wishes. His wife has gone to an attorney and is claiming she is the beneficiary of his entire estate, which means I may not get any of his personal belongings. They have informed the Army of her legal rights. My question is this, does Colorado Law supercede the federal govenment? I've already been told that it's being treated as if there was no will. And since they were only married 4 months, is there some kind of exception? Basicly, I just want to know if I have any legal claim for his personal belongings, since I was his mother for 24 years and she was his wife only 4 months. Do I have any chance of having any of his things.

 

[seniorjudge]

My son was in the Army and had his will made through the Army back in July 2005. He made me executor and beneficiary. He deployed to Iraq in November 2005, took a 2 week leave in 2006 to get married, but never updated his will. He updated all his other important papers, but not his will. He was killed in Iraq in October of 2006. The army went over his will and made the decision to honor his wishes. His wife has gone to an attorney and is claiming she is the beneficiary of his entire estate, which means I may not get any of his personal belongings. They have informed the Army of her legal rights. My question is this, does Colorado Law supercede the federal govenment? I've already been told that it's being treated as if there was no will. And since they were only married 4 months, is there some kind of exception? Basicly, I just want to know if I have any legal claim for his personal belongings, since I was his mother for 24 years and she was his wife only 4 months. Do I have any chance of having any of his things.

First of all, please let me express my deepest sympathies for the loss of your son.

I am assuming that your son was a Colorado resident when he died.

There is no federal law of wills. State law prevails.

However, a person cannont disinherit a spouse.

Therefore, you need to find a Colorado lawyer to help you here.

Contact the Colorado Bar Association and tell them your plight.