Legal Question in Wills and Trusts in Colorado

Obtaining a power of attorney after death

My boyfriend of 8+ years was killed in a truck accident 2 days ago leaving no will or power of attorney and not naming a beneficiary or executor of his estate. What papers would I need to file to move his belongings and finances to his grandson? His bank suggested a ''personal representative paper'' but since he is unable to sign it I can not find anything on-line that will work. He had a vehicle loan and several other outstanding bills but his family does not want to take care of them. I would be taking care of them from his money and putting the balance in a trust for his 2 year old grand-son. Thank you for any help you can give me.

Asked on 7/02/09, 3:19 pm

2 Answers from Attorneys

Re: Obtaining a power of attorney after death

You cannot get a power of attorney for your boyfriend's assets after your boyfriend's death. However, you may be considered his common law wife under Colorado law. If that is the case, you may be the primary beneficiary of his estate. I would suggest that you contact an attorney to determine what your next steps should be. It will certainly include the opening of a probate court action to resolve these issues.

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Answered on 7/02/09, 3:42 pm
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Obtaining a power of attorney after death

You could apply to the Court to be appointed as the Personal Representative for his estate.

Contact the District Court in the County where he lived and they will have a packet of documents you can fill out to accomplish that.

If you have questions, then contact an attorney experienced with estates for assistance.

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Answered on 7/02/09, 6:11 pm

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