Uncooperative Heirs

J

JP1200

Guest
Jurisdiction
Colorado
I have a bit of a complicated issue regarding estate matters in Colorado. I would greatly appreciate any help any of you can provide.

A little background:
My mother was remarried and lived in Colorado for nearly 20 years. Both my brother and I are children of an earlier marriage and do not have any relation to her latest husband, Bill. Bill also had children in a marriage prior. There are no children from the marriage between Bill and my mother. Bill passed away in May of 2015, my mother passed away in February 2016.

At the time of his passing the most recent will filed with the court for Bill showed that my mother inherited all assets and Bill's brother was to act as personal representative. Bill's children disagreed with this will and state they have a more recent version that leaves all assets to them, this will has not been filed with the court. There has not been any estate opened for Bill due to lack of cooperation on the part of his brother.

Before her passing my mother hired an attorney to try to sort out the problem. the attorney wanted to appoint my mother as the personal representative, but unfortunatley she passed away before this could happen. I am the appointed PR for my mothers estate and have begun notifying banks, 401ks, etc. of the passing. Most of the accounts were held in Bill's name, yet they were not notified of his passing until my call.

I have hired another attorney to work with me on my mother's estate since she died intestate. The attorney has attempted to contact Bill's children without luck. Today I completed the necessary forms to petition the court to become the PR for Bills estate as well. I would prefer not to do this part, but it seems that it is needed in order to distribute my mothers share of the jointly controlled assets into her estate.

Now here is the question I am looking to answer. If Bill's children remain unresponsive, do I have any obligation to them? I am assuming that if they do not formally protest the current will then I can proceed without them being that the will leaves all the assets to my mother. What is my responsibility and liability regarding them?
 
A very sad situation emotionally, two parents died withon a short time of each other, husband and wife.

Bill's death left EVERYTHING to your mother, absent a VALID will.
A VALID will is one that a probate deems VALID.

Intestacy checklist as determined by CO courts:

https://www.courts.state.co.us/Form...for Probate without a Will R10-14 (FINAL).pdf

Explanation of probate in CO:

Intestacy Rules in Colorado

In summation, Bill's children are not heirs.
YOU and your siblings are heirs.

That is true GENERALLY speaking.

Getting into the details, where the Devil resides, there's more to consider:

Who Inherits With No Will in Colorado?

I suggest you retain an attorney to assist you through this quagmire.
Don't worry about costs, and don't be pound wise and penny foolish, as in CHEAP.

You make everyone's life easier when you hire a mouthpiece to protect your interests.

This is not a DIY project, this is going to get complicated by the ones left out in the storm.
 
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