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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
Optional Information: Country relating to Question: United States State (if USA): Colorado Already Tried: 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.
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so what does state law say we have to do she did not have a will
Is she also in Colorado?
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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.
Experience: Experienced in multiple areas of the law.