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My father passed away. He has a will. I can't find HIS atty. I am co-executrix. How do I proceed with settling his estate.

Colorado Springs, CO |

I didn't give his estate planning a thought because he had an attorney and I was familiar with him. Since my father's passing, it is like he fell off the face of the earth. I can't find him. I have a copy of his will but quite frankly am not sure if it is the most current. I have written letters to his creditors with copies of his death certificate but aside from that I don't know what I am doing... can someone advise me PLEASE. Or at least put me in the right direction. Thank you.

Attorney Answers 4

Posted

If you have the latest original will, you do not have to locate his attorney. However, it would be wise to check with his attorney to see if you have the latest will. If you wish to find out if his attorney is active, retired, or even alive, you can go to the Colorado Supreme Court website and see if his attorney is registered and get the attorney's address and contact information.
The latest original will needs to filed with the probate court in the county where your father lived at the time of his death.
You may or may not need an attorney to assist you in handling his estate. That depends upon your father's property, the will, and any special issues arising from his bills. Many attorneys, including myself, offer a free initial consultation that can point you in the right direction and determine whether you need an attorney to assist you.

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Posted

As Mr. Valentine said, you don't need to worry about tracking down his attorney. Most wills are fairly straight forward in terms of distribution of assets, and many estate plans were done years ago, so the attorney may have moved, retired, etc. I offer a free consultation and work with people across Colorado in probate matters, including in El Paso County. I definitely can point you in the right direction (and you need to follow very specific procedures with creditors that we can discuss) and then you can decide if you would like legal assistance with the process - I do most probate work on a flat fee basis and the estate pays the attorney fees. I hope this helps.

You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Posted

You definitely don't need his attorney. You just need a probate attorney to handle setting up the estate, giving notice to creditors, filing an inventory, filing an accounting, etc. Each of my colleagues are good. If you are looking for someone in the Springs, I refer people to Brian Boal.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

You won't need to find his attorney if you have a copy of the will. I'm sorry for your loss. Let us know if we can assist you. We are right in downtown Colorado Springs.

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