Legal Question in Wills and Trusts in Colorado

My brother died intestate, our sister died before he did. Do her children still have a right to inherit in Colorado? I have read several references that "living siblings" would receive estate.


Asked on 12/22/13, 8:42 am

2 Answers from Attorneys

Dennis Valentine Law Office of Dennis Valentine

Probate assets would first go to the brother's spouses and his descendants. If there are neither, then the probate assets go to his parents. If the parents did not survive your brother, the probate assets go to the descendants of his parents per capita at each generation. That means your sister's children would collectively get the same share as you would. This is a quick summary based upon certain assumptions by me that your brother had no spouse, children, and no surviving parents. If you are going to serve as the representative for the estate, you may want to hire a probate attorney for an hour or two to get you headed in the right direction.

Best wishes.

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Answered on 12/22/13, 12:29 pm
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

I concur with Mr. Valentine. The best advice is to consult with an attorney specializing in estate administration.

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Answered on 12/22/13, 7:36 pm


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