Can Beneficiary Take Will To Probate?

[TisSheilah]

What is the name of your state? Colorado

My grandfather died in 1998. I am listed among the beneficiaries of his will. In the past week, I have learned that an aunt is terrified that she will "lose her house" because she (the trustee) and the executor failed to go to probate. They refuse to be too specific, only that they didn't follow the will and file the appropriate tax returns.

Life is too short to spend worrying about things. My gut instinct says to hire a lawyer and have a professional sort it all out. So, my questions are

How long does someone in Colorado have to send a will and/or an estate to probate?

I know that there is still money in the estate that they are getting ready to disperse to the beneficiaries, Can I petition that this money be used to sort the matter out?

I know that you cannot give legal advice, I think I'm looking for more of a direction....

Thank you for your time,

Sheilah

 

[Dandy Don]

You need to be discussing this matter with the aunt OR her attorneys, to perhaps calm her down about her fears or at least you can be finding out more specific information about how much she owes and what else is going on, but they probably are not wanting to give you much of any information, are they?

You need to be consulting with a local attorney to find out if there is a time limit.

I wonder if the aunt's failure to go to probate is an innocent mistake (was it done out of ignorance) or whether it was deliberately designed to conceal assets from other beneficiaries? Has she ever had the advice of probate or trust attorneys to help guide her through the process?

Perhaps beneficiaries could offer to help her contribute whatever amount she is liable for, but you need to be more fully informed before you make that decision. She may be unreasonably fearful when there are other options that can be worked out that would not result in her losing her house.

 

[TisSheilah]

Thanks

Thanks for your reply. I'll take your advice and talk to a local lawyer. I think that this is weighing heavily on my aunt's conscience.

Your right, my relatives are not giving me too much information. They won't even let me see the will.

As far as legal council, my aunt claims that my uncle refused her access to the attorney. I think I remember the lawyer's name and will call the Bar Association Monday in an effort to locate him.

If you wish, I can write back and tell you what I learn about Colorado law and the time limits for probate.

In appreciation,

Sheilah

 

[Dandy Don]

As a beneficiary, you have the right to request a copy of the will by going to the county courthouse to get a copy of it or by sending the executor a certified letter requesting a copy of it. The fact that they won't let you see it is somewhat of a red flag--your attorney can help you examine the will or follow the estate proceedings to make sure this estate is being handled fairly--seems like the other side is trying to hide something and I hope her incompetence is not a cover-up for them trying to take more from this estate than they were entitled to.

Certainly will be interesting to see how this case turns out.