Legal Question in Wills and Trusts in Colorado
My dad passed away in July of this year. A few years ago he had a list typed up of things he wanted me to have upon his death....which he signed. These are things that were in my parents house when I was growing up. I gave a copy of the list to my step mom and she refuses to give me the items on the list..she told me he should have given them to me before he died...he didn't know when he was going to die. He also did not leave a will. What rights, if any do I have?
1 Answer from Attorneys
It sounds like that might have been a personal property memorandum, which if he signed it and that was the intent of it, is meant to pass personal property (like art, vehicles, etc., but not cash) AFTER death. I'd need to see a copy of the list to give you a more complete response.
As to the estate, if there was no will, generally the stepmother would get the first $150k from the estate plus 50% of the remainder and his kids would get the other 50% of the estate. You will need to file for probate as well, if that has not happened. Hope this helps.
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