Don’t think you have will? Think again. If you haven’t written a will for yourself, the state of Colorado has one already written for you. What does the will Colorado wrote for you say? For the answer, you’ll need to look at the state’s intestacy laws.
Intestacy is the event when someone dies without a will of their own. When that happens, the state’s laws fill in for the missing will. When you die without a will in Colorado, where your stuff goes depends on your family situation at the time of death.
Here is a brief summary Colorado’s intestacy laws. This summary is in no way meant to be comprehensive or specifically describe the outcome for your particular situation.
- If you are married but have no children, all of your stuff will go to entirely to your spouse, so long your parents are deceased.
- If you are married and have children, your stuff may go entirely to your spouse or be divided between your spouse and children, depending on whether your children are all with your spouse and whether you or your spouse have children outside your marriage.
- If you are not married and have children, your stuff will be divided among your children.
- If you are not married and have no children, your stuff will go to your parents, so long as your parents are alive.
While this list may seem straightforward, there are other factors that come into play, like having children or other relatives who predecease you but have surviving offspring. To know how the Colorado intestacy laws would specifically affect you, it’s best to sit down with an attorney and discuss your situation.
If the way Colorado has written your will is not how you’d like your stuff to be given away, you’ll want to write a will for yourself. Remember, writing your will without the help of an attorney could mean your will won’t dispose of your stuff the way you want it to. It’s always best to have an attorney draft your will and other estate planning documents.
To write your will the way you want it for an affordable, flat fee, schedule your consultation today.
This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.
Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.