Intestate Succession


What happens if your Parents die without a will? My Parents are now Diseased leaving 5 Children ( Two Daughters and Three Sons) to divide the assets and such. My two sisters decided to take 99% of the assets including an entire house worth over 550,000 dollars.
Out Entire lives my Parents told all 5 kids in our family everything needs to be Split 5 ways. A Will was not necessary. That changed once my parents died. I read many of the Intestate Succession Laws in Colorado and it appears what they did and are doing is against the Law. Is there anything we can do to fight this?

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Posted by Anonymous
Asked on July 26, 2021 2:10 pm
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There are some missing information, so I will assume that your parents were married and they did not have any children from a prior relationship.

When someone dies without a Will, we call that intestate succession. That means that state law will control who gets the assets when a person without a Will dies.

If all of the children are biological children of both parents and your parents were married when the first parent dies, 100% of the probated assets go to their spouse (the other parent in this case) if they did not have a Will. When the second parent dies, assuming they did not get remarried and also do not have a Will, the probated assets would be divided equally among the children assuming all the children survived their parents.

Note, there is a difference between probated and non-probated assets and how they are distributed, which is outside the scope of this question. I would highly recommend speaking with an attorney to discuss your case in more detail.

You can speak to a probate lawyer during a free case assessment and learn your options and rights. There are time limits to bring a case, called statute of limitations, so it is important to speak to a lawyer as soon as possible.

To schedule the case assessment, please call us at 303-688-0944.

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Posted by Bill Henry (Questions: 1, Answers: 75)
Answered on July 26, 2021 3:00 pm