Legal Question in Wills and Trusts in Colorado

When settling my mom's estate 2 of us kids chose to give our share of mom's interest in family farm to our aunt & uncle. The other 2 are trying to sell their interest. Meanwhile this is taking time and whittling away at estate $. Can't we do a quit claim and be done with our part in the estate? My sister says not till the estate is totally resolved.


Asked on 11/21/13, 11:22 am

2 Answers from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Your question does not provide information about why your idea is not workable. What you suggest can certainly be done, but there may be facts that are not presented in your question that prevent a complete answer in this format.

Consider consulting with an attorney specializing in estate administration for further assistance.

Read more
Answered on 11/21/13, 12:59 pm
Dennis Valentine Law Office of Dennis Valentine

I agree with Mr. Greenberg that you can do this. However, quit claim deeds are not usually used for this purpose. Colorado law allows for the beneficiaries to reallocate their interests using a written agreement so long as all agree and no creditor is harmed. You do not say what the value of the land is or why the others do not want to do this. There may be other issues involved. If the estate is using an attorney, I would suggest contacting that attorney. If the estate's executor (personal representative) is not using an attorney, the estate would probably benefit by hiring one.

Read more
Answered on 11/22/13, 10:59 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Colorado