Brother passed away 7 months ago. Will was not Probated. Widow has never asked if family wanted any of his things.

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In fact she has cut communication since right after his death. I have an original copy of his Prenup. States his relatives should get anything he owned before his marriage. Widow's Attorney contends that Will left everything to her and child. I have not seen the Will but have asked for a copy (many moons ago). This is a large estate, but I just want the stuff that was meaningful to me as I am the last living relative. I do not understand her hostility nor the selfishness. Am I out of line here?

Attorney Answers

3
Rixon Rafter ·
No, you are not out of line, you should immediately engage your own CO probate attorney to get to the bottom of the matter, even if the result is as the widows attorney contends--best to know for sure what your brother wanted. Also, be aware that frequently individuals tell relatives one thing, and actually do another thing---happens all the time.
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Brian Landy ·
I regret your loss, and lack of communication within your brother's family. But I'm afraid you have no rights to any of your brother's property, unless someone is holding out on a will that names you in it. A prenuptial agreement does not prevent a spouse from leaving everything to the surviving spouse, it simply makes the provision for the spouse optional (or partly optional, depending on the prenup). Without a will in Colorado, all property would go to the spouse (and possibly children if a blended family), but would not pass to anyone else, such as a sibling. I am not sure why they would hold back a copy of the will from you. The will must deposited at court after death, even if a probate is not going to be necessary. You may have rights to see the will once deposited to see if by chance you are named in it. I doubt an attorney would be able to do much for you other than help you beg for some mementos and a copy of the will. Of course, you never know what it says until you see it.
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