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If there are two children of the marriage and I have a child who inherits my Husband's estate?

If there are two children of the marriage and I have a child who inherits my Husband's estate?

Full question:

My husband and had been married and residing in Aspen, Colorado. We had two children in our marriage. I have a son from an earlier marriage. My husband passed away and did not leave behind a will. How will his property pass on to us surviving members in the family?

Category: Wills and Estates
Subcategory: Intestacy
Date: 04/07/2025
State: Colorado

Answer:

In Colorado, the law dealing with intestate succession is enumerated in C.R.S. 15-11-101 through C.R.S. 15-11-122. C.R.S. 15-11-102 discusses the right of the surviving spouse in Colorado. It reads:

“The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is:

(1) The entire intestate estate if:
(a) No descendant or parent of the decedent survives the decedent; or
(b) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
(3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
(4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
(5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.)
(6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.”

The surviving spouse in the case at hand has a child from a prior marriage. Therefore, the provision in subsection 3 shall be applicable. Per the above-quoted section, the property would be divided in the following manner:

1. 1. the surviving spouse will inherit the first $225,000 of the probate estate plus one-half (1/2) of the balance
2. the child from the marriage with decedent will inherit the remainder of the estate.

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

Does inheritance go to kids or spouse?

In Colorado, inheritance can go to both children and a spouse, depending on the family situation and the presence of a will. If a person dies without a will, the surviving spouse and children will inherit according to intestate succession laws. Generally, the spouse receives a portion of the estate, while the remaining goes to the children. If there are no children, the spouse may inherit the entire estate.

How long do you have to transfer property after death in Colorado?

In Colorado, property transfer after death typically occurs during the probate process, which can take several months to over a year, depending on the estate's complexity. There is no specific time limit for transferring property, but it is advisable to complete the process as soon as possible to ensure proper distribution according to the law.

Is my spouse entitled to my inheritance in Colorado?

In Colorado, a spouse is generally entitled to a portion of the estate upon the death of their partner, regardless of whether the deceased left a will. However, if the inheritance was specifically designated to someone else in a will or trust, the spouse may not have a claim to that particular asset. It’s important to review the estate planning documents to understand specific entitlements.

When a husband dies, what is the wife entitled to in Colorado?

In Colorado, when a husband dies without a will, the wife is entitled to a share of the estate based on intestate succession laws. If there are surviving children, the wife typically receives a portion of the estate, which may include a set dollar amount and a share of the remaining assets. The exact distribution depends on the family structure.

Does a spouse automatically inherit everything in Colorado?

No, a spouse does not automatically inherit everything in Colorado if the deceased left children or other descendants. The distribution of the estate depends on intestate succession laws. If there are surviving children, the spouse will receive a portion of the estate, but not necessarily all of it. The specifics can vary based on the family situation.

What is the order of next of kin in Colorado?

In Colorado, the order of next of kin for inheritance purposes follows a specific hierarchy. First, the spouse inherits, followed by children, parents, siblings, and then more distant relatives. If there are no surviving relatives, the estate may escheat to the state. This order is outlined in Colorado's intestate succession laws.