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mommyof6cuties · Jan 27, 2010, 05:18 PM

My grandmother passed away 6 years ago and nothing has been done with her estate. My mom is wondering what she can do to get this settled finally and have some closure.

My grandma had 4 kids. They are equal owners of her home. One uncle is living in the home and has been since she passed. The executer of the estate lives 3 hours away, he was chosen because grandma thought he would get things settled in a timely manor. My mom didn't have a problem with her brother living in the house until he started refusing to let her in. He had the locks changed and he and the executor of the estate are the only ones with keys. He won't return calls to my mom, or one of my other uncles.

Is there a chance he could get squatters rights? Is there a statute of limitations on settling an estate? What options do my mom and one uncle have?

We are all in Colorado. Thank you for taking the time to help me in any way.

Fr_Chuck · Jan 27, 2010, 05:51 PM

No there is no real SOL, although the longer it goes, the more complicated, since the heirs at the time of death, so if one of the heirs have died, their heirs now have a share of that part of the estate.

Also the executer can be charging fees to the estate.

Your mom and the other family need to hire an attorney together to move this on into court

ScottGem · Jan 27, 2010, 05:55 PM

Also there are no squatters rights here. He is a part owner. But, you as an equal owner have the right to inspect the property. Also, you as a beneficiary have the right to regular accounting of the estate from the executor.

cdad · Jan 27, 2010, 06:03 PM

For most the time is no longer then 1 year unless there are issues in the courts. 1 year IS NOT a slo but its adquet time for all creditors to have appeared. Sale of a home in this economy might be slow and also it may have lost value because of all that is going on. I agree with Scott and get this into court to get it moving.

mommyof6cuties · Jan 27, 2010, 06:14 PM

Sorry I wasn't clear on the executor. He is one of my mother's brothers.

My mom contacted the attorney that my grandma used for her will and he said my uncle contacted him and that he couldn't give her info regarding the situation she needed to get in touch with my uncle (executor). He won't return calls, or emails.

I would like to give her a direction she can go in.

I wanted to add some more info. My uncle that is living in the house had my grandma sign some papers witnessed by a notary after her POA took over. The papers he had her sign stated that, my mom was not allowed to visit for more than a couple of hours a month, and that he had the right to live in the house rent free for 2 years and then he had first option to buy.

This was not the first attempt at them trying to keep my mom from my grandma (they were best friends). My grandma helped raise me. She went into assisted living for a short period, in that time they remolded her living and dinning room, with money out of her account. The only thing she wanted done was to have the outside painted.

ScottGem · Jan 27, 2010, 06:57 PM

Has the will been probated?

cdad · Jan 27, 2010, 08:14 PM

Originally Posted by mommyof6cuties

Sorry I wasn't clear on the executor. He is one of my mother’s brothers.

My mom contacted the attorney that my grandma used for her will and he said my uncle contacted him and that he couldn't give her info regarding the situation she needed to get in touch with my uncle (executor). He won't return calls, or emails.

I would like to give her a direction she can go in.

I wanted to add some more info. My uncle that is living in the house had my grandma sign some papers witnessed by a notary after her POA took over. The papers he had her sign stated that, my mom was not allowed to visit for more than a couple of hours a month, and that he had the right to live in the house rent free for 2 years and then he had first option to buy.

This was not the first attempt at them trying to keep my mom from my grandma (they were best friends). My grandma helped raise me. She went into assisted living for a short period of time, in that time they remolded her living and dinning room, with money out of her account. The only thing she wanted done was to have the outside painted.

Who was her poa assigned to ? Because what she signed after wouldn't hold up in court.

mommyof6cuties · Jan 27, 2010, 08:41 PM

The POA was assingned to the uncle 3 hours away, not the one that had her sign the papers, however the uncle 3 hours away was sent copies and said he agreed.

We don't know what has happened with regards to the will. No one will talk to my mom about it.

I would like to get this taken care of so my mom doesn't have to deal with this anymore. Only one of her brothers is talking to her and he is getting no response back from the other 2 either. I don't think "I" can do a whole lot about what is going on though. But I can tell her what steps she needs to take. I have told her already she needs to contact an attorney, if for no other reason than to find out what her rights are.

I want to thank you for your time and information.

ScottGem · Jan 27, 2010, 08:50 PM

Again, has probate been filed?

cdad · Jan 27, 2010, 08:58 PM

Originally Posted by ScottGem

Again, has probate been filed?

Im not sure if the OP can answer that as they are a 3rd party to all this. It sounds like a big mess going on here. And the executor is sitting in a very bad position because they aren't acting in the best interest of the estate. They should be sued. The mother of OP should already have a copy of the will. The paper signed after POA was given away means nothing. Maybe after some research by the OP she can get back to you with the Probate question. This he said she said is tough to work through.

ScottGem · Jan 27, 2010, 09:01 PM

Filing for probate is a matter of public record. The probate courts records could be searched for a filing. That is the first thing that needs to be done.

mommyof6cuties · Jan 27, 2010, 10:12 PM

I will do some do some checking to see if it has been filed.

I will let you know what I find out.

Thank you for your time.

mommyof6cuties · Jan 28, 2010, 08:43 AM

I made some calls this morning and NO it has not been filed. My mom filed her death certificate 2 years ago, as that still had not been done. This is nuts.

She had a life estate naming her 4 kids as beneficiaries. All debts were paid as far as we know.

cdad · Jan 28, 2010, 01:52 PM

Has anyone seen the life estate ?

ScottGem · Jan 28, 2010, 03:11 PM

You need to get a lawyer to force probate and settlement of the estate. The suit has to be filed by a beneficiary of the will and/or life estate.

mommyof6cuties · Jan 29, 2010, 12:45 PM

My mother has record of the life estate.

She is low on money as she just lost her job, and my dad has a lot of health problems, so they were going to talk to an attorney and have a letter written to my uncle (executor), to see if that will get the ball rolling, if it doesn't then my husband and I will pay for the attorney fees to get this settled.

I don't think there is anything I can do personally since I am not one of her children. I would just like to see this settled.

Thank you for your time and information. I will keep you posted on what happens.

Tiffani

cdad · Jan 29, 2010, 02:39 PM

Just FYI. You might want to look here for a little more info on the life estate. It can be pretty complicated unless you get a grasp of it.

Life estate - Wikipedia, the free encyclopedia

mommyof6cuties · Jan 29, 2010, 03:22 PM

Thank you califdadof3, I will do some reading on the matter.