Your spouse recently passed away and you just learned that he or she disinherited you in their will. In Colorado, you may be able to protect your right to inherit from the decedent’s estate even if it goes against their final wishes by filing for an elective share. However, you may lose your right to claim an elective share if there is a prenuptial agreement in place, states Mission Wealth. A postnuptial agreement may also invalidate your right to an elective share if you and your deceased partner were divorced.
One of the many benefits of creating wills and trusts in Colorado is being able to choose who inherits your property after you die. While you are in the midst of updating your estate plans, you may be asking yourself - do I need a life estate? After all, your assets may include some real estate that you want to keep in the family.