Legal Question in Wills and Trusts in Colorado

WIll Protesting

My mother is in a legal battle over her mother's will. My mom provided care for my grandmother's final years, and now my mother's sister is claiming my mother stole money from my grandmother - and is threatening to sue over the amount they claim is missing.

My mother placed her house in my name - and has no assets to speak of.

Can my aunt take the house away from my mother?


Asked on 3/08/05, 12:08 pm

3 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: WIll Protesting

It depends on when and how the home was transferred. If the transfer was gratuitous and recent the chances are greater than if the transfer was for money or services and was completed some time ago. In order to have take the house, sister will have to file suit, win judgment, prove that the transfer was for fraudulent means or to avoid judgment.

Have the title to mother's house placed into an irrevocable trust, with you as trustee. If sued, contact Utah Legal Services or other non-profit or pro bono assistance for mother.

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Answered on 3/08/05, 12:23 pm
John Campbell Law Offices of John J. Campbell, P.C.

Re: WIll Protesting

If your mother transferred the deed to her house to you recently, your aunt may be able to convince a court that she did so to avoid paying back the alleged debt to your grandmother's estate. If so, the court could order that the house be transferred back to your mother to satisfy any judgment your aunt might be able to obtain.

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Answered on 3/08/05, 4:20 pm
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: WIll Protesting

You should immediately engage your own attorney. Your mother needs to have her own lawyer since her interests are divergent.

This should occur immediately to make certain that each of your interests are protected and to also make certain that you do not take any actions or make any comments that could adversely impact your interests.

You should not rely on any advice whatsoever over the internet or the phone. You should only follow the advice of the respective attorneys that each of you engages.

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Answered on 3/08/05, 4:21 pm


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