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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111503
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Since it looks like you're an estate attorney as well I

Customer Question

Since it looks like you're an estate attorney as well I do have another question.
My mother passed away and did not leave a will that was signed properly. She did have a will but it was never signed or notarized. At this time it seems as though my sister has somehow taken control of my mother's house by convincing me that it was the right thing to do but I would like for everything to be put into an estate and sold off. How do I go about doing this?
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there was no valid will, then the estate is divided between the heirs equally. So if it is you and your sister, both of you share it equally. Someone has to file for probate and someone has to be appointed administrator of the estate and they manage the estate, pay the bills, gather the remaining assets and then those assets are divided equally between the heirs. If your sister is not doing this, then you need a probate attorney in CO to represent you and file for probate and get named as administrator so you can get the whole estate settled, sell what needs to be sold and divide the estate equally.
Customer: replied 5 months ago.
What if my sister did something without my knowledge? Would I have had to sign something for her to be able to file and be appointed for probate? If she did something that I am not aware of, then getting the probate attorney in colorado is still the best recommendation? If so, do you have someone you could refer me to?
I should also mention, my mom passed three years ago. My sister and I were not on good terms and then we were, and I kind of let things go, but now its back to the same old, and I am done for good this time. I just wand it to be over and done with. My mom didnt leave much but the house which is now on the rise and my sister is trying to keep it all.
She somehow put herself on the title. What a mess eh?
=)
Thanks for all of your help on these matters.Kai
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
If she opened probate and sought to be named administrator, you were supposed to receive notice. She could not do anything without notice to all heirs. She could not just put herself on the title and she needed to go through probate unless she forged your mom's name on a quit claim or used undue influence to get your mom to turn it over to her. You will need to to get an attorney involved to dig to see what she did and try to undo it.
Customer: replied 5 months ago.
Thank you again.You've been so helpful.Kai
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you very much.
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