Trude Kleess, Attorney-at-Law

Legal Q&A

Q: My mother just passed away and did not leave a will. How do we sell her house?


A: You will need to ask the court to appoint a personal representative for you mother's estate. This is done by filing a probate case. Unlike other states, this is not a complicated matter in Colorado. Since she died without a will, the law lists those eligible to be nominated for the role of personal representative. A spouse is first, but if her spouse is also deceased, then you and any siblings would be next in line. The court will issue "Letters" which give the personal representative the authority to sign on behalf of the estate.


Q: Is there a way to make sure that if I am hurt in an accident and unable to manage my finances, someone can?


A: There are a few ways to plan for this situation. One is to simply have someone be a signer on your account. A second is to have General or Financial Power of Attorney. This can be written such that it is only effective if two physicians certify that you are unable to manage your own affairs. It can also be ineffective once you recover.