Colorado probate law awards disinherited spouses a share of a deceased spouse’s estate even if a will or trust distributes money or property to other beneficiaries or children.
Sometimes individuals do not leave all of their assets to their wife or husband. Spouses sometimes have kids from prior relationships or other beneficiaries they would like to leave assets and property to after they die. While experienced estate planning is always a good idea, when a person dies disinheriting their spouse, the only option is often to enforce legal rights through the court process.
Can You Disinherit Your Spouse?
Colorado Probate statutes do not permit individuals to disinherit a surviving spouse. Even if there is a will (without extremely careful estate planning) that says otherwise. If this does occur, a surviving spouse can file for a Petition for “elective share,” requesting a larger amount of the estate or the entire estate at times.
The Elective Share
Filing this Petition for an elective share requires a complex legal, financial, and mathematical process involving subpoenas, depositions, and often a trial.
After the total estate value is realized, Colorado Law provides an amount to the surviving spouse according to the amount of years of the marriage and several other factors.
If you believe your case involves these issues, please contact Rossi Law today.