If my father told me that he is leaving his vacation home to my sister and I, can his new wife try to prevent this from happening?

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If my father told me that he is leaving his vacation home to my sister and I, can his new wife try to prevent this from happening?

My father remarried 5 years ago. He is the only person listed on the deed/title of the vacation home. Is there any way the new wife could deny this from happening in the event of his passing? He is leaving her the primary home.

Asked on September 3, 2014 under Estate Planning, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It would be wise for your Father to go and speak with an estate planner, some one familiar with the law in Colorado.  Colorado has what is known as a "spousal right of election" meaning that the spouse can file an objection against the probate of a Will should then be left an insufficient amount of their spouse's property. The surviving spouse may elect to take up to 1/2 of the decedent's estate. The exact amount is determined by the length of time the surviving spouse and decedent were married to each other, but in no case will it exceed 1/2 of the estate. The surviving spouse must file this election in court or deliver it to the executor within 9 months after death or 6 months after the Will was admitted into probate, whichever is later.  Good luck.


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