How Do I Challenge Executorship? [colorado/minnesota] Brother-in-law Wrote Himself In As Executor While Dad Suffered Meningitis/cognitive Decline, Drained Accounts, Stole Property.
Location: Estate is in Colorado. I am in Minnesota.
My father (81M) passed away a month ago. In the two years preceding his death, I believe he was the victim of financial elder abuse and undue influence orchestrated by my two half-sisters and my brother-in-law (BIL). I have one week to object to my BIL's executorship of the estate.
Background:
Two years ago, my father was hospitalized in Minnesota with viral meningitis/encephalitis, which causes significant mental confusion and cognitive decline. While he was hospitalized and mentally impaired, the following occurred in rapid succession:
- My mother (his wife at the time) was randomly served a no-contact order and physically removed from the hospital by police, based on a claim that she was "poisoning" him, despite total lack of evidence (negative tox report etc.) to support this.
- That same day, my half-sister broke into my parents' home and removed all valuables, including items belonging solely to my mother predating the marriage.
- All bank accounts with my father's name, including joint marital accounts my mother contributed to financially, were drained and funds were moved to my BIL's account.
- Mail to the household was stopped without my mother's knowledge.
- A loan was taken out in both my parents' names without my mother's consent. (Also, could my dad have consented when gravely mentally impaired?)
- My father was relocated to Colorado to live with my half-sister's family. They put him in a home mere months later. Spending persists on his credit cards until they're all maxed out.
- My phone number and my mother's phone number are repeatedly deleted or altered in my father's phone, preventing him from reaching out. Still he found ways to call my mom 4-5x/week.
My mother ultimately was forced to file for divorce to protect herself from further unauthorized debt taken in her name, despite neither party wanting to end their marriage.
The Will:
My father's original will split his estate equally among his three daughters (myself + my two half-sisters). After these events, a new will emerged written *by my BIL\*, which names him as executor and expands inheritance to include all members of both my sisters' families. I have been excluded from all family communications in the period leading up to and following my father's death.
Additional concerns:
- My BIL catalogued and took possession of all of my father's belongings, including multi-generational family jewelry and gemstones (that I watched him pocket after estimating their value.) Everything is supposedly in a storage unit in CO at an undisclosed location. We are being told to submit a list of items we want, which my BIL will then "fairly" distribute — no one is allowed to access to the unit except him (BIL)
- My father's vehicles were already fully cleared out the day he died.
- My father's airline miles were fully depleted and all credit cards had been maxed out. (Both sisters' families have suspiciously managed indulgent international vacations within the last year.)
- My BIL made passive-aggressive threatening comments to me over text when he assumed I had asked someone else about the will. (I did not ask about my dad's will.) This is just one example of the suspect, manipulative behavior on display in the wake of my father's passing.
My specific questions:
- Does the fact that my BIL authored the will that names himself executor constitute a conflict of interest sufficient to challenge his appointment in Colorado probate court?
- In Colorado, what are the legal grounds and process for objecting to an executor named in a will when there is evidence the will was written by that executor while the testator lacked mental capacity?
- What evidence (text messages, medical records showing cognitive impairment at time of signing, prior will) would be most useful to bring to a Colorado probate attorney immediately given the one-week timeline?
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