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Barbara Eileen Cashman

Barbara Cashman’s Answers

2 total

  • Status of limitation in contesting a will in Denver, CO

    December 15, 2009 my twin brother, sister & a brother brought my elderly parents & change their will; my father was in his last stages with Alzheimer's disease and my mother had severe head trauma; my father died 5/12/2010 & my mother just died 9/...

    Barbara’s Answer

    From your question it sounds like there may already be a proceeding in the Denver Probate Court relating to either your father's or your mother's will, or both wills. However, you also say your siblings "brought" your parents - I'm not sure if that means "took them to someone to draft new wills" or brought them in from another state. I will assume that your parents resided here in Denver. Colorado probate law is relatively simplified and does not usually involve court supervision, except in cases such as this where "formal" proceedings would be necessary. The vast majority of probate adminstration in our state is informal, and does not involve a probate judge determining issues. I presume that in your case you want to contest the validity of the will(s) based on your parents' lack of capacity to execute the 2009 wills. It sounds like your question is whether there is a time limitation (like a statute of limitations) that might prevent you from contesting the validity of those wills at this time. The general answer would be "not at this time" given the dates of your parents' deaths.

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  • How do I become the executor of my mothers estate she died 3 years ago I had power of attorney before she died does that matter?

    what forms do I need to start the process to appoint myself as exucutor because I do not have the finances for a lawyer? I have two adult sisters and one minor sister how can I get all names on my mothers home if one sister is not cooperating she ...

    Barbara’s Answer

    A durable power of attorney (POA) is an arrangement where one person (the principal) appoints another person (the agent) to act on behalf of the principal regarding matters specified within the scope of the POA. It is valid only during the lifetime of the principal.
    A will is a document that can, among other things, name a person as personal representative (the term used in Colorado where I practice) or executor of the person's estate. A will comes into legal effect only after the author of the will has passed away. So the short answer to your question is no, it doesn't matter whether you were her agent under the power of attorney.
    When a person dies without a will, their property passes through what is known as intestate succession. This is governed by state law and it determines who gets any property in the estate of the deceased person.
    Perhaps a good place to start your inquiry is with the state judicial website. These websites, along with state bar association websites, usually have very helpful information for people who need legal information and aren't sure where to find it. You can also check with the local bar association or probate court about avaiable resources. In Denver, our probate court has very useful resources for people who can't afford an attorney. I hope this information helps and good luck.

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