mother died in nevada,no will. one daugther 47 in denver,one son 26 califor

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mother died in nevada,no will. one daugther 47 in denver,one son 26 califor

she had no will. only person property in rented house she shared with her brother &boyfriend. over 3,000 books &furniture

Asked on May 8, 2009 under Estate Planning, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under Colorado intestacy law, property passes to the surviving spouse and blood relatives only. (Adopted children are treated exactly like natural-born children under the law.) Here are some examples of how the law works:

  • If a decedent is married, Colorado law provides that the surviving spouse will receive the majority of the estate. The actual amount varies, depending upon whether the decedent and the surviving spouse have mutual or separate children or no children at all. In many cases, the decedent's children or parents receive a share of the estate.
  • If a decedent is single and has children, the children divide the estate equally. If one of the decedent's children is dead, the grandchildren in that branch of the family receive the dead child's share.
  • If a decedent has no spouse, children or other descendants, the decedent's parents receive the estate. If the decedent has no living parents, the estate goes first to the decedent's siblings, then to nieces and nephews and their children. If no relatives are living at this level, the estate goes to grandparents, then to aunts and uncles, then to cousins and their children. If no relatives are living at this level, then the remaining property will go to the State of Colorado.

Under Colorado law, the relationship between the decedent and his or her heirs has to be proved in court. The more remote the relationship, the more time-consuming and costly this might be. A will leaving the estate to named individuals eliminates the need to prove relationship prior to distribution of assets..

Under Colorado law, property is distributed by mathematical formula with no attention given to needs of family members. This may not always be desirable or meet the needs of family members or the wishes of the decedent

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT, not CO, but I help clients in this situation and the rules are very similar in most states, especially where there is no will.  However, i am not sure what your qestion is.  Generally, when a person dies without a will, her assets pass to her children in equal shares. I suggest that you take the liberty of getting the family together and opening up an estate in the probate court or calling a lawyer that deals with trusts and estates.  Your question is too vague so i dont know what or how to respond.


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