Full question:
I am a resident of Denver, Colorado. My wife died in a tragic accident last week. She did not have a will or last testament and has substantial property in her name. We have three children from our marriage. She also had a daughter from an earlier marriage. In what manner will the property be divided in Colorado per the intestacy law?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Colorado
Answer:
In Colorado, intestate succession is governed by the Colorado Probate Code (C.R.S. 15-11-101 through C.R.S. 15-11-122). According to C.R.S. 15-11-102, the share of the surviving spouse is determined based on the surviving relatives.
In your case, since your wife has children from both your marriage and a previous marriage, the property will be divided as follows:
- You, as the surviving spouse, will inherit the first $150,000 of the estate plus half of any remaining balance.
- Your wife's daughter from the earlier marriage will inherit the rest of the estate.
This division reflects Colorado's intestacy laws regarding the distribution of property when no will exists.
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.