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Father dies three months ago, sister was POA at the time for…

Customer Question
Father dies three months...

Father dies three months ago, sister was POA at the time for Mother who is also now deceased. Does Fathers will need to be filed with court if everything was left to Mother before Mother's will can be executed?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Colorado

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

Both wills

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

Not that I can think of

Submitted: 4 months ago.Category: Legal
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11/21/2017
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
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Category: Legal
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Lawyer: legalgems, Lawyer replied 4 months ago

My sympathies for your family's loss.

A POA expires upon the death of the principal-the person that gave the POA the power to act.

At that point the personal representative (usually appointed in the will) takes over the estate.

In order to ensure proper title and disbursements, the first spouse's estate would need to be probated so the proper disbursements can be made; then the second spouse's estate would be probated, and that estate would include the prior estate's assets.

If there is only personal property (money, no real estate) and the value is less than $64,000 the small estate affidavit procedure can be used instead of a full probate.

https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=189

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Lawyer: legalgems, Lawyer replied 4 months ago

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