How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34277
Experience:  Attorney with 16 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

If you had separate property before you were married (Colorado)

Customer Question

If you had separate property before you were married (Colorado) and you are separated from your spouse and then die, is there a code in which the wife is not entitled to the separate property before marriage?
Submitted: 4 years ago.
Category: Family Law
Expert:  Barrister replied 4 years ago.
Hello,
.
Did the person die with a will?
.
Are they legally separated or just physically living apart from each other?
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 4 years ago.

There was no will. It was my dad's fourth wife, married 15 years, and living apart from each other for 5 months and when she moved out, she took her possessions.

Expert:  Barrister replied 4 years ago.
Ok, under the CO intestacy laws, anything not disposed of by a will descends according to state law. The intestacy statues specifically cover the deceased's separate property and divide it between any wife, even if living apart, and the deceased's biological or adopted children. So basically if there are children not from 4th wife, she gets the first $100K plus 1/2 of anything over that.
.
This is the statute:
.
Colorado Revised Statutes
Title 15: Probate, Trusts, and Fiduciaries

15-11-102. Share of spouse.

.

The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied.
(1) If:
(a) No descendant or parent of the decedent survives the decedent, then the surviving spouse receives the entire intestate estate; or

b). All of the decedent's surviving descendants are also descendants of the surviving spouse and there are no other descendants of the surviving spouse who survive the decedent, then the surviving spouse receives the entire intestate estate;

.
(2) If no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent, then the surviving spouse receives the first two hundred thousand dollars, plus three-fourths of any balance of the intestate estate;

.

(3) If all of the decedent's surviving descendants are also descendants of the surviving spouse, and the surviving spouse has one or more surviving descendants who are not descendants of the decedent, then the surviving spouse receives the first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate;

.

(4) If one or more of the decedent's surviving descendants are not descendants of the decedent's surviving spouse, and all of such surviving descendants who are children of the decedent are adults, then the surviving spouse receives the first one hundred thousand dollars, plus one-half of any balance of the intestate estate;

.
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.