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How will my father's property be divided without a will?

How will my father's property be divided without a will?

Q: Who inherits if my father died without a will and I have a deceased sibling?

If your father died without a will and you have a deceased sibling, the inheritance will be divided among the surviving child and the descendants of the deceased sibling. In this case, you would inherit half of the estate, while your brother's child would inherit the other half, representing your brother's share.

Q: Can a deceased person's property be claimed by relatives if there is no will?

Yes, if a person dies without a will, their property can be claimed by relatives according to intestacy laws. In Colorado, this means the estate will be divided among surviving family members, such as children or grandchildren, based on their relationship to the deceased.

Q: What is the process for dividing an estate without a will in Colorado?

The process for dividing an estate without a will in Colorado involves filing for probate in court. The court will determine the rightful heirs based on intestacy laws (C.R.S. 15-11-103) and oversee the distribution of the estate among them. This process ensures that the estate is divided fairly according to state law.

Full question:

I am 53-year-old resident of Aspen, Colorado. My father passed away last week owing to his long term old age ailments. Our mother passed away 6 years ago. I had a younger brother who passed away and is survived by his wife and son. My father did not have a will or last testament. How will his property divulge on us surviving members?

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

Answer:

In Colorado, when a person dies without a will, the intestacy laws apply (C.R.S. 15-11-103). Since your father had no surviving spouse, his estate will be divided among his descendants.

In your case, the estate will be divided equally between you and your deceased brother's son. Your brother's son will receive the share that your brother would have inherited had he been alive.

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 to property if someone dies without a will in Colorado?

In Colorado, if a person dies without a will, their estate is distributed according to intestacy laws (C.R.S. 15-11-103). This means the estate is divided among surviving relatives. Typically, if there is no surviving spouse, the estate goes to the children or descendants. If a child has passed away, their share would go to their children.