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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 87407
Experience:  Fully licensed attorney in Texas in private practice.
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In Colorado if there is a power of attorney has been given

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In Colorado if there is a power of attorney has been given to a non family member, and the person that made the poa dies, does the grandchildren of the decease have a right to see the will and how would they go about it?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your family's situation.

A Power of Attorney is completely different than a Last Will and Testament. The two do not work together.

Once the person that made the POA has passed, the POA power dies with them. So the POA agent (i.e. the person who received the POA) would no longer be able to act under that POA - it becomes invalid.

Not that he could, anyhow. A Last Will and Testament appoints an Executor for the estate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration (hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' names.

But how to begin the process to have the WILL probated and the Executor (mentioned in the Will appointed)? Any interested party (such as the grandchild) may file probate and demand to see a copy of the will from whoever has a copy on them. Once the copy is provided, the Executor (per the Will) is appointed and the probate proceeds and the estate is divided.

An attorney is highly recommended because probate is a highly complex situation.

May I recommend the CO Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 11 months ago.


The poa is the executor of the will but is not being very nice about giving and answer to anything. he is also name according to other paper work to receive 25 percent of the decease trust. we do not know compete about how or with all is in the trust.

Expert:  Ely replied 11 months ago.
Thank you for your follow up, T.

The poa is the executor of the will but is not being very nice about giving and answer to anything

The executor has to provide a copy of the will and an accounting within a reasonable time after a written request. If they do not, then a party (or parties) may file in Court asking the Judge to demand that the Executor do so, and/or to have the Executor replaced if they are not moving forward with the probate, are using questionable tactics, and/or are stealing from the estate, etc.

we do not know compete about how or with all is in the trust.

A trust should have a TRUSTEE which is to a trust as an executor is to probate. Whoever the trustee is must provide an accounting within a reasonable time allotted. If they do not, or if they steal from and/or do not use fiduciary duty, the trustee may be replaced via a court action just like the executor (the executor of the will may very well also be the trustee of the trust).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 11 months ago.

in colo is it permissible for family member to enter the house if is the deceased attorney or executor present to look around but not remove anything for emotional closure.prior to the appraisal of the contents of the house?

Expert:  Ely replied 11 months ago.
T,

in colo is it permissible for family member to enter the house if is the deceased attorney or executor present to look around but not remove anything for emotional closure.prior to the appraisal of the contents of the house?

There is no rule that specifically allows or denies a family member that right. If the home is in the deceased's name, then it is controlled by the Executor at that time. So it is at the executor's discretion whether or not to grant that request.

However, if the requesting party has reason to believe that the Executor (or someone else) may do something to damage the property or steal assets, they can go to the Court to make this request, and the Judge may override the Executor.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 87407
Experience: Fully licensed attorney in Texas in private practice.
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