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Surviving relatives are … Resulting distribution
-Spouse, but no children -Everything to the surviving spouse
-Children, but no spouse -Everything to the children
-Spouse and children between you and your spouse, and -Everything to your surviving spouse
your spouse has no other children
-Spouse and children between you and your spouse, -Surviving spouse receives the first $279,000, plus 50% of the
but your spouse has children from another relationship remaining estate. Your children get the remaining 50%, by representation.
-Spouse and you have children from a prior relationship or marriage -Surviving spouse receives the first $186,000, plus 50% of the remaining estate. Your children get the remaining 50%, by representation.
- Spouse and parents, but you do not have any children -Surviving spouse receives the first $300,000, plus 75% of the remaining estate. Your parents get the remaining 25%, by representation.
-Parent(s). No spouse or children. -100% of the estate to your parent(s), by representation.
-Sibling(s). No spouse, parents, or children. -100% of the estate to your siblings, by representation.
* Values up to date through 2022 based on the Colorado Department of Revenue Cost of Living Adjustment Schedule (https://www.courts.state.co.us/userfiles/file/Self_Help/Probate/COLA.pdf).
As you can see, these distributions can become quite complicated. It is important to note that “children” (as used above) can sometimes include grandchildren if your children have predeceased their children.
Some other important information to note:
- Legally divorced spouses do not have a right to inherit from your estate through the intestacy rules;
- Children born outside of marriage have an equal right to inherit from both parents;
- Legally adopted children are treated like biological children are;
- Biological children who were formally adopted by another family would not receive a share from their biological parents;
If you want to have control of how your property is distributed beyond the provisions discussed above, it is essential to have a will and/or other estate plans in place. This is the only way to decisively prevent unwanted relatives, or the state, from potentially collecting an inheritance from your estate after you pass.
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