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  #1 (permalink)
: This is in a county near Denver, Colorado.



My husband's grandparents owned a house near Denver. His grandmother passed away in 2008, and his grandfather in 2010. His aunt is the executor of the estate. The will states the house will be passed to his aunt and father. In the wake of a death of one or both, the house will then pass on to the children (i.e. my husband).

Liquid assets (i.e. bank account) were immediately distributed between his aunt and father. The house was being rent to my husband's cousins with the money collected from rent meant to someday be used as their down payment for the house.

Unfortunately, the cousins moved to another state within the year.

The house was rented out to others, and the rent money was split between my husband's aunt and father. By 2012, my father-in-law wanted to sell the house and according to the aunt, it began to go through probate court. My FIL died soon thereafter.

It's now 2014, and it's still in probate court. We recently had reason to question motives of my sister-in-law and mother-in-law. We checked with the county probate court and there have been no cases filed for the house. The lawyer refuses to give us the PR number and instead has threatened the aunt to quit the case.

We contacted the state Supreme Court who advised us to file a complaint, which we have done.

Where do we go from here? Do we need to hire our own lawyer? If the aunt is just trying to bleeding the house dry, what do we do
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  #2 (permalink)
: I went on a site on this topic but can't remember the name, If I'll remember I will let you know.
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  #3 (permalink)
: I have no clue why this estate is in probate four years later. But if you think you are entitled to something from the estate, and the executor is refusing to distribute the estate to you, then you can petition the probate court for an order compelling the executor to carry out the distribution. You can also petition the probate court to remove the executor as well, if you can demonstrate the executor is refusing to perform her duties. Talk to YOUR lawyer, not the estate's lawyer.
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  #4 (permalink)
: You get nothing, because that's not what the will says. I do think you should talk to a lawyer to make sure I'm right.

The will says the estate goes to the children, if the father isn't alive when the grandfather died. But the father died after the grandfather.

The father inherited his share of the estate. Even if it hasn't been through probate, he still owned a share of the estate.

The father dies. The father's estate is now governed by his will. Unless by "mother-in-law" you mean the father was married and has a widow, your husbands mother.

Then the mother inherits everything from the father. Because that's part of what marriage is. Just like if your husband dies, your children don't get anything, YOU get everything.

In addition I'd be very surprised if the grandfather's will left the mother out like that.

Basically what you've done is to assume that your part of the will. The aunt and mother in law aren't telling you because you not part of it.

You should go ask a lawyer to make sure I'm right.
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  #5 (permalink)
: Yes, you need your own lawyer. The estate should have been probated in 2010 when your grandfather died.
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