Full question:
A conservator and a guardian were in control at my mothers time of death. There was a will; the original was misplaced but court visitor placed copy in Estate court case. They did not use the will my mother made, and they have not dispersed the personal property of my mothers. All was to be split between my brother and myself. Now they have closed the estate with notice I cannot prosecute anyone involved in the court case in County District court. I want to inform the court of what they have done, but a magistrate took over and will not acknowledge me anymore. I was a legal invener, and was first trustee or what ever you call the person in charge of distributing her estate.
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: National
Answer:
I'm not able to provide legal advice, but I can summarize your situation. If a true will can be found or if fraud occurred in replacing the will, you might have grounds to reopen the estate. Under Colorado law, specifically § 15-12-1008, if an estate has been closed but not fully administered, an interested person can petition the court to appoint a new personal representative to complete the estate's administration.
It's important to note that if a false will was submitted, this could lead to criminal charges like forgery or fraud. In Colorado, claims against an estate's representative must be made within six months of the estate's closing, unless fraud or misrepresentation is involved, which allows for claims to be made later.
According to § 15-12-1006, claims by creditors are barred one year after the decedent's death, while claims by heirs or devisees are barred three years after death or one year after distribution. However, claims related to fraud are not barred. If you believe fraud or inadequate disclosure occurred, you may still have options to pursue your rights.
I recommend consulting a local attorney who can review your specific situation and documents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.