my father passed 3 years ago. in his will he left his house to his 4 children. Almost a year ago my older sister passed. The house is about to be sold. Do the proceds of this sale get divided also with her 2 children? Nowhere in my fathers will does it state that
Country relating to Question: United States
State (if USA): Colorado
nothing just trying to find out what needs to be done
Thank you for your question today. I appreciate your patience while I responded to you.
Her share would be paid to her estate and then distributed according to the terms of her Will, or, if she passed without a Will, then according to state law.
If you would like any additional information or have more questions please don’t hesitate to ask! Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.
so what does state law say we have to do she did not have a will
Is she also in Colorado?
For future reference pressing a “1” or a "2" provides me with a negative rating from the website and reflects poorly on my work. If you need a follow-up request, please press the CONTINUE CONVERSATION link PRIOR TO RATING THE ANSWER and as I stated above, I will be happy to respond further.
yes she passed away in denver colorado
If she left children and a surviving spouse, and the children are also the descendants of the spouse, then the surviving spouse receives the entire estate. Where there is no surviving spouse, then her descendants (her children) would inherit her share.However, you cannot just pass the money directly to her descendants. The money must be paid to the estate of your sister (e.g., "Pay to the Order of Estate of XXXXX XXXXX"), and and it becomes an assets that would have to go through probate to be distributed.
how do we go about going to probate or do her children do that
I'm so sorry for my delay in responding, I got called away on an important call. You don't have to worry about probating your sister's estate - that's up to her children to handle.
Experienced in multiple areas of the law.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).