Legal Question in Wills and Trusts in Colorado

Before my grandmother died she created a lllp involving farm land. The partnership included three partners. She had general and limited partnership interest. Daughter had same, son had only limited. On same day right after she created the lllp she made a will, which clearly states that upon her death the partnership is to be divided equally among the daughter, son, and another son. It also says in the partnership agreement that she wants all three families to participate in the management of the land. From what I understand you can't participate in management unless your a general partner. The question is weather or not the sons received general partnership rights upon her death? Does the lllp superceed the will, even if she was clear about her intentions in the will?


Asked on 9/09/14, 10:47 am

1 Answer from Attorneys
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

These situations can be confusing and difficult when the dispositive document, the will and property documents, the LLLP are or appear to conflict.

Unless the parties can work out their differences, it may be necessary to ask the Court for instructions.

You should immediately contact a lawyer specializing in probate, estate and estate litigation matters for assistance. Do not rely on any advice you receive on the internet.

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Answered on 9/09/14, 2:53 pm


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