When someone dies in Colorado, the Will is required to be lodged by the custodian of the Will within 10 days of the date of person’s death. Depending on the trust and a variety of other factors, the trustee of the trust may be required to register the trust with the court. Alternatively, you can demand that the trust be registered in certain circumstances.
I highly recommend speaking with an estate planning or probate attorney before contesting trusts and wills as the process is complex and can have unintended consequences. For example, the trust or will may have an in terrorem or no contest clause in the trust instrument that creates a condition upon gifts and dispositions. Such a clause conditions a beneficiary's right to take the share provided to that beneficiary under the instrument upon the beneficiary's agreement to acquiesce to the terms of the instrument.
Finally, know that your claims may be barred by the passage of time so it is critical that you move quickly. If you would like a free consultation to speak with an attorney at our firm go to https://www.robinsonandhenry.com/locations
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