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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118125
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My mom was adopted. However, we (my mom and I) have been in

Customer Question

My mom was adopted. However, we (my mom and I) have been in very close contact with her birth mom (my grandma) and 1/2 sister (my aunt) for the last 20 years. This includes all holidays and all typical family events like birth of my kids and active participation in my kids lives by the both of them. My grandma died 7 months ago. My aunt and I cared for my grandmother in their home actively until the day she died at their home which is, what my grandma wanted. My aunt and I kept in close contact and I tried to help her with her grief. There were times that my aunt wouldn't get back to anyone for several days because of depression. I went to her house after her not returning my calls for 4-5 days only to be confronted by other family members going through her house. I walked in and greeted them and headed to the back of the house only to find more members going through her bedroom. I asked where kim (my aunt) was and they told me she died 7 days ago. They never answered the phone nor did they call me to tell me she was dead. I am now just getting past the blinding grief and shock that I have experienced because of losing her to realize that them combing through my aunt's house looking for the signed Will is an invasive act and something my aunt would not have wanted. They have a bad reputation for these kinds of acts. Mr. Owen Oliver (my aunt's and my grandmother's lawyer) stated that he has only an unsigned Will. I asked (on Thursday) if I could at least see it to know at the minimum what my aunt would have intended to have happen. He stated that he didn't know where it was and would have to get back to me. I haven't heard back from him yet and frankly he didn't seem very helpful. I would like to know what rights my mom (my aunt Kim's 1/2 sister) has if the signed Will is found and destroyed by the other relatives that have been searching for it in my aunt's house for the last 7 days. I also need to mention that they were never given a key to the house but they went in after the wellness check and took the key from my aunt's purse.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year 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 your mom was put up for adoption, under Colorado law your mom does not have any rights legally to inherit from the biological parent. So I am afraid that your mom would not get rights to inherit from her biological parent. As your mom would not have had any inheritance rights, the attorney did not have any legal basis to share any of the information with her or you regarding the estate.
Even though your mom may have been close with her biological mom, unless there was a valid will signed, your mom really does not have any legal case here I am sorry to say.