Legal Question in Wills and Trusts in Colorado

Unsigned Written Will

My father past away recently, my sister cared for him and my mother until both have past. My father left a written will ( unsigned,not witnessed)stating my sister would be the executor and all his assets including his house would go to my sister. My brothers and I are in agreement that all would go to her, but are not sure where to begin.

House is in parents names as is bank account.

Asked on 6/18/08, 6:29 pm

1 Answer from Attorneys

V. Iyer Iyer Law Office, L.L.C.

Re: Unsigned Written Will

An unsigned will is just that and has no legal effect. It is as if there is no will. Also in Colorado the will must be attested by at least 2 witnessess to minimize any contest to the will.

Thus, you will have to obtain a formal probate to allow the probate court to determine the persons entitled to your father's estate and to allow transfer of the property to the names of the entitled persons.

You and your brother can execute a renunciation to your share in your father's estate.

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Answered on 6/19/08, 12:56 am

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