What to do if I believe mt mother's will was not followed?

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: 04/07/2025
• State: National

Answer:

I am prohibited from giving legal advice. It is difficult to say what precise issues are involved without knowing all the facts and circumstances. If the true will can be produced or a crime was committed in replacing the will, it may be cause for reopening the estate under the CO statute below: 15-12-1008. Subsequent administration.

If, after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, it is determined that the estate has not been fully administered or fully distributed by reason of subsequently discovered property or for any other reason, the court, upon petition of any interested person, and upon notice as it directs, may appoint the same or a successor personal representative to complete the administration or distribution of the estate. If a new appointment is made, unless the court orders otherwise, the provisions of this code apply as appropriate; but no claim previously barred may be asserted in the subsequent administration. A person who submits a false will to the probate court may be charged with a crime, such as forgery or fraud. In CO, a claim against the estate's representative must be brought within 6 months of the closing of the estate. However, this six month limitation doesn't apply in cases of fraud, misrepresentation, or inadequate disclosure. The are also limitations on making a claim against a beneficiary of a will, but the limitations don't apply where fraud is involved.

The following are CO statutes:

15-12-1006. Limitations on actions and proceedings against distributees.

(1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred as follows:

(a) A claim by a creditor of the decedent is forever barred at one year after the decedent's death.

(b) Any other claimant or any heir or devisee is forever barred at the later of the following:

(I) Three years after the decedent's death; or

(II) One year after the time of distribution thereof.

(2) This section does not bar an action to recover property or value

received as the result of fraud.

Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims

have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure

related to the settlement of the decedent's estate.

I suggest contacting a local attorney who can review all the facts and documents involved.