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I am in Colorado and trying to help a friend who common law…

I am in Colorado...

I am in Colorado and trying to help a friend who common law husband passed away last month. There was no will. Property with debt. Her husband's brother has asked to become executor of the estate. She would like for an outside source to be executor. What steps should she take. No money to hire a lawyer, she has been the only one paying the funeral costs and will be responsible for last day hospital bills.

Lawyer's Assistant: What documents or supporting evidence do you have?

She received notification yesterday of his request to be executor.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The deceased has a child from another relationship, and did have her named on his life insurance. What are going to be the best steps for her to take at this time, not to get evicted from their home. She is not named on any of the property documents.

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Answered in 1 minute by:
3/20/2018
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,235
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Did the decedent have a Last Will and Testament?

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Customer reply replied 1 month ago
No

Thanks for the clarification. Generally, Colorado’s intestate succession laws (the laws that apply if somebody dies without a will) say that a surviving spouse gets to inherit most, if not all, of the decedent spouse’s estate. So a surviving spouse in a common law marriage may need to prove to the court that he or she was, in fact, in a common law marriage in order to inherit any assets.

So, she may have to go to court to get the Judge to decide she was in a common law marriage. She can attempt to petition the court to open an estate proceeding and the brother could object to it or the court may state she needs to show she was in the common law marriage first.

Besides a wife, the adult children have priority over a sibling to handle an estate.

If the brother handles the estate, the brother would have to get agreement from a wife and the adult children. If he does not list her as the wife, then she would have to object.

By the way, the brother cannot kick her out of the house until she is heard in court.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
Thank you for your help. It was the answers that I anticipated. Appreciate your time.

You are very welcome.

Please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,235
Experience: Helping you with your legal questions.
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Damien Bosco
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