Claiming Estate Rights Colorado

Summary

In Colorado, as a surviving spouse, you may have rights to your late husbands estate, even if accounts or policies name others as beneficiaries. For estates under $80,000, a Small Estate Affidavit can be used to collect assets without formal probate. Life insurance proceeds generally go to the named beneficiary, but you may challenge this if marital funds were used for premiums. Credit card debts are typically the estates responsibility, and reward points may be claimed depending on the cardholder agreement. Consult legal advice for personalized guidance.

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it was under 80k in colori no pribate needed inhad a small claims affidavivd normtoriezed and irs ein form showing im executive of the estate
Thank you for the clarification. In Colorado, for estates under $*,* and without real property, a **Small Estate Affidavit** can be used to collect assets without formal probate. Here are some general points:
- **Small Estate Affidavit**: Allows you to collect assets directly if notarized and valid.
- **Spousal Rights**: As the surviving spouse, you may still claim rights under Colorado's intestacy laws if no will exists.
- **Bank Accounts**: Even if you weren't named on the account, you could argue contributions or other claims if significant.
Was the Small Estate Affidavit accepted by the institutions (e.g., banks) you presented it to?
three banks denied me. pnc the fourth attent to open an estate accepted me
It seems you're encountering issues with accessing your late husband's accounts despite using a Small Estate Affidavit. Here are some points:
- Banks can have their own policies for small estate claims.
- Colorado law supports your right to collect assets under $*,* using the affidavit.
Have the denying banks explained their reasons for refusal?
reason is irrelavent. the affidavite says. if denied said funds by intutution the bank will be reliable for the amount and if legal fees also. if the bank honors the affida. im responsible the bank is pritected
Thank you for providing additional details. Here are general points regarding your situation under Colorado law:
- **Bank Liability**: Under C.R.S. § *-*-*, banks are generally protected if they honor a valid Small Estate Affidavit. If denied, they must provide a valid reason.
- **Next Steps**: You may challenge the denial by requesting the bank's written policy or consulting legal assistance for further action.
Did the banks provide any written explanation for their refusal?
one said because i had no acount with them... another said once i have an open account it takes 90 days to open an a astate.
Thank you for explaining your situation. Based on Colorado law:
- **Small Estate Affidavit**: Banks should honor a valid affidavit if all requirements are met.
- **Bank Refusals**: A lack of an account or a waiting period may not be valid reasons.
- **Next Steps**: Request written refusal and consult legal assistance to address this.
Would you like guidance on how to formally challenge the banks' refusals?
what about and life insurence policy that he paid into or started after we got married wouldnt that fall under marital assest aquired
In Colorado, life insurance proceeds generally pass to the named beneficiary and are typically not considered marital property. However, if premiums were paid with marital funds, you may be able to assert a claim to some portion.
Do you know who is listed as the beneficiary on the policy?
his ex wife
In Colorado, if your husband’s ex-wife is listed as the beneficiary, she is generally entitled to the life insurance proceeds, regardless of your marriage. However, you may challenge this if:
- The policy was not updated post-divorce.
- Marital funds were used for premiums.
Would you like information on how to contest the beneficiary designation?
he bought the policy in *. we were together * married *. he paid monthly on marital funds to pay premiums
In Colorado, you may have grounds to challenge the life insurance beneficiary designation if marital funds were used to pay premiums. Courts may consider equitable claims in such cases.
Would you like guidance on initiating a legal action to contest the beneficiary designation?
what if the insurence comp already paid it and how do i get info about it because most tell me they cant yell me if he has a policy becuse im not listed
I'm sorry for your loss. In Colorado, if the insurance company has already paid the proceeds, your options may include:
- Filing a claim in court to assert your equitable rights, arguing marital funds were used for premiums.
- Requesting the insurer disclose information via a legal process, such as a subpoena.
Would you like guidance on initiating legal action?
yes
In Colorado, to initiate legal action regarding the life insurance proceeds:
- **File a Claim**: You may file a claim in civil court asserting your equitable rights based on marital funds used for premiums.
- **Subpoena**: Through legal action, you can request the court issue a subpoena to the insurance company for policy details.
Would you like information on how to file a claim or find legal assistance?
what about credit cards he had that we used for years to pay bills an i eas homemaker no money
In Colorado, credit card debts are generally considered the responsibility of the deceased's estate. Here are general points to consider:
- **Estate Responsibility**: The estate pays debts, including credit cards, before distributing assets.
- **Spousal Liability**: You aren't personally responsible unless you were a co-signer or joint account holder.
Were you a co-signer or authorized user on the credit cards?
i had verbal on the phone with the banks from him saying i have autherizion to use talk anout the account hundreas if times
In Colorado, being an authorized user on a credit card does not make you financially liable for the debt. However, verbal authorization does not typically establish legal liability or access rights.
Would you like guidance on how to handle credit card debts or communicate with the creditors?
i want to claim the accuulated reward points on them some he had *,*+
In Colorado, credit card reward points are not typically considered part of an estate unless explicitly addressed in the cardholder's agreement. Here are general points:
- **Cardholder Agreement**: Check the terms to see if points are transferable upon death.
- **Authorized User**: You may need to contact the credit card company to inquire about transferring or claiming points.
Would you like guidance on contacting the credit card company regarding this?