my husband passed away in june of this year due to a car accident. he has oil n minarel rights. ive got a family lawyer on working on probate. but he dosent answer my calls or call me back. i feel im in the dark about how it all works. whats the prosses and why cant i just transfure my name
Emily:
First, let me send my condolences in regards to your husbands death. You didn't state where these minerals are located but I notice you reside in the Colorado area. I would begin a search for a new attorney immediately but I'm not familiar with any attorney's in the Colorado area. I will suggest that you might contact Gary Hutchinson, another individual on this board as he resides in Colorado and I'm sure he would be able to help you in this matter. You can send a friend request in order to contact him.
Emily, I would suggest being co-representative, even if you were not the personal representative or executor, that way you should receive every scrap of paper and be copied every e-mail. Better safe than sorry. If you are the sole beneficiary, I think the lawyer is not working and does not want to talk to you because he doesn't want to explain why not, otherwise they would jump at the chance for more billable hours. Emily, in my opinion you must watch lawyers closer than you would a day laborer
Well the oil wells are in weld county Colorado. Town of herford My husband is 45 and I’m 31And I’ve been a stay at home mom for ever nowAnd I just I guess I’m prettyNaive aboutAll of the oil and mineral rightsButI know that he signed a five year lease with these people to do wells on the propertyAnd the company that send us a check every monthTold me that it consideredReal land propertySo you know it’s Silly that my husband didn’t tell me everything about the oil and stuff but he never did
And the company that’s in the stomach check well obviously its only his nameBut I didn’t receive one for the month of June because they said that since he passed away it was in suspenseBut yet I receive one in this month in July And yeah I really think that’s not professional for my lawyer to not even talk to me you know about any of thisIt’s just frustrating because horrible unexpected death of my husband and then having deal with all this if anyone has any useful info please let me know.thanks
Without some specific authority like Executor, Guardian, or Power of Attorney, you can't just transfer something owned by somebody else into your name because you have no authority to do so.
I certainly hope that Mr. Hutchinson can help you.
According to my research, Colorado is not a community property state. It is a marital property state. That means that the "marital estate" will be divided equitably. C.R.S. 14-10-113, but under C.R.S. 14-10-113(1) the Court will consider a variety of factors when determining a fair division.
And, I will suggest that you forget about the "bottom scum sucker" who don't answer
your calls or call you back." Find someone who really wants to help you.
And, get all communications in writing ... always!!
Stay strong.
Good luck,
Pat