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Can I challenge my husband's will in Colorado after his death?

Can I challenge my husband's will in Colorado after his death?

Full question:

I live in South Park, Colorado. My husband and I had been married for 12 years. My husband recently passed away and had left a will. However, he had not updated his will and had left most of his estate to his parents. Can I choose not to follow my husband’s will and divide up his estate in any other legal way?

Category: Wills and Estates
Subcategory: Elective Share of Estate
Date: 04/07/2025
State: Colorado

Answer:

In Colorado, a surviving spouse has rights regarding the deceased spouse's estate, even if the will favors others. You may have the option to exercise a right of election, which allows you to claim a share of the marital property instead of what is specified in the will.

According to Colorado law (Colo. Rev. Stat. § 15-11-202), you can elect to take an amount equal to fifty percent of the marital property portion of the augmented estate. If your marriage lasted ten years or more, you are entitled to the full elective share. However, you must act within nine months of your husband’s death or six months after the will is admitted to probate, whichever is later.

Additionally, if the total value of certain assets is less than fifty thousand dollars, you may be eligible for a supplemental elective-share amount. This amount is calculated based on the total of specific assets and is designed to ensure that you receive at least fifty thousand dollars.

To pursue this option, you may need to challenge the will formally. It's advisable to consult a legal professional to guide you through this process and ensure your rights are protected.

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.

FAQs

What happens if your estranged husband dies?

If your estranged husband dies, the distribution of his estate will depend on whether he had a valid will. If he did, his assets will be distributed according to that will. However, as a surviving spouse, you may have rights to a portion of the estate under Colorado law, even if you were estranged. You may be entitled to an elective share of the marital property, which could allow you to claim a share despite the will's provisions. It's important to consult with a legal professional to understand your rights and options.

What does a wife need to do when her husband dies?

When a husband dies, a wife should first ensure that the death is reported and obtain a death certificate. She should then review the will, if one exists, to understand how the estate will be distributed. In Colorado, she may have the right to claim an elective share of the marital property, even if the will favors others. Consulting with an attorney can help her navigate the probate process and protect her rights.

Does a spouse automatically inherit everything in Colorado?

In Colorado, a spouse does not automatically inherit everything. If there is a valid will, the estate will be distributed according to the will's terms. However, Colorado law provides a surviving spouse with certain rights, including the option to claim an elective share of the marital property. This means that even if the will leaves the estate to others, the spouse may still claim a portion of the marital assets.

What happens if a spouse dies during separation?

If a spouse dies during separation, the surviving spouse may still have rights to the deceased spouse's estate, depending on whether there was a valid will. In Colorado, the surviving spouse may elect to claim a share of the marital property, regardless of the separation. It's advisable to consult with a legal professional to understand the implications of separation on inheritance rights.

How do I carry on without my husband?

Coping with the loss of a husband can be incredibly challenging. It's important to seek support from friends, family, or a counselor to help navigate your grief. Additionally, addressing practical matters, such as understanding your legal rights regarding his estate, can provide some clarity. Consider reaching out to a legal professional for guidance on any estate issues or rights you may have as a surviving spouse.