On July 19, 2016

Colorado Intestacy Laws & Children: What Kids Are Entitled to When There’s No Will

Colorado Intestacy Laws & Children: What Kids Are Entitled to When There’s No Will

When someone passes away without leaving a valid will behind, Colorado intestacy laws will come into play when it’s time to determine which surviving loved ones will inherit the assets of the decedent’s estate.

Revealing more about Colorado intestacy laws, the following points out some important facts about how these laws provide from surviving children. Please note, however, that the information below is purposefully general. When you are ready for answers and information specific to your circumstances, simply contact a Denver probate attorney at JR Phillips & Associates, PC.

How Colorado Intestacy Laws Provide for Surviving Children

  • Who the other surviving loved ones are will impact children’s inheritance rights under Colorado intestacy laws – Specifically, whether there is a surviving spouse will affect the children’s inheritance rights. If there is a surviving spouse, than just how much  the spouse versus the children will receive will depend on whether the children are from the marriage to the spouse (or from a previous relationship), as well as whether the spouse has children from another relationship. If there is no surviving spouse (because the decedent wasn’t married or the spouse has already passed away), then the surviving children will typically inherit the entire estate.
  • Legally adopted children are treated the same as biological children under Colorado intestacy laws – In contrast, any step- or foster children who were not legally adopted by the decedent will not necessarily have inheritance rights under these laws.

  • There are also provisions for posthumous children, as well as children born outside of marriage – Posthumous children (i.e., kids conceived prior to but born after the death), as well as children born to unmarried partners, can also have inheritance rights under Colorado intestacy laws. While posthumous children are typically treated the same as biological children under these laws, kids born out of wedlock will need to verify paternity to establish their inheritance rights (if the decedent was the alleged father).

  • Grandchildren can also inheritance rights under Colorado intestacy laws – If the decedent has grandchildren and the parent of those grandchildren (i.e., the child of the decedent) has already passed away, then Colorado intestacy laws provide that these grandchildren will generally be entitled to some share of the estate.

Ready for More Answers? Contact a Denver Probate Attorney at JR Phillips & Associates, PC

For experienced help initiating and resolving any type of probate case in Colorado, contact a trusted Denver probate attorney at JR Phillips & Associates, PC.

Known for providing a thoughtful, comprehensive approach to our clients’ estate planning and probate needs, our attorneys take pride in helping each of our clients and their families find the best solutions for them.

To discuss your probate needs and options during an initial consultation, call us at (303) 741-2400 or email us using the contact form at the top of this page.

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village and Englewood.

Categories: Inheritances, Probate, Probate Litigation