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Wagg v. Estate of Dunham
Timely personal injury suit to be satisfied by insurance proceeds is not subject to time limits for filing claim against estate.
Probate and Trusts May 7, 2002
Retter v. Retter (CVR 1997 Irrevocable Trust)
No trustee liability in beneficiary's action alleging breach of duty that was brought after court released trustee.
Probate and Trusts Mar. 22, 2002
Pound v. Fletter
Fraud claims related to probate cases in the City and County of Denver may only be asserted in probate court.
Probate and Trusts Mar. 21, 2002
Estate of Heckman
Accidental death insurance policy does not cover death resulting from decedent's voluntary exposure to elements.
Probate and Trusts Mar. 21, 2002
Schubert v. Reynolds
Trust created by attorney-in-fact is declared invalid for changing decedent's beneficiaries without express authority to do so.
Probate and Trusts Feb. 21, 2002
Estate of Kaila
Court errs in denying petition without considering both extrinsic evidence on will's no contest clause and whether proposed action would violate clause.
Probate and Trusts Feb. 11, 2002
Estate of Garwood
Daughter of deceased person may not receive money award in lieu of homestead in absence of petition for award.
Probate and Trusts Jan. 15, 2002
Schultz v. Hoffman
Decedent's apparent disposal of will is sufficient to support conclusion that will was revoked.
Probate and Trusts Jan. 7, 2002
Estate of Dye
In some cases, children adopted away may inherit by intestate succession from natural parents, and spouses are not kin.
Probate and Trusts Jan. 7, 2002
Estate of Sigourney
Trust was improperly amended without notice to parties with rights under will.
Probate and Trusts Dec. 10, 2001
Vasquez v. Hawthorne
Trial court must resolve claims of person alleging to be same-sex partner of person who died without will.
Probate and Trusts Nov. 4, 2001
Conservatorship of Wendland
To withdraw life-sustaining treatment from conscious, but incompetent conservatee, conservator must show by clear and convincing evidence that conservatee wished to refuse treatment.
Probate and Trusts Sep. 12, 2001
Estate of Guidotti
Testamentary trust that provides wife with income for life on condition that she does not marry was void as restraint on marriage.
Probate and Trusts Sep. 11, 2001
In re Estate of Lennon
Where protected party introduces evidence of transactions with deceased, deadman's statute is waived.
Probate and Trusts Sep. 9, 2001
Estate of Swetmann
Beneficiary did not cause will to be transcribed or exert undue influence where no evidence of active participation in making of will exists.
Probate and Trusts Aug. 22, 2001
In the Interest of Green Valley Financial Holdings
Trust not established for business purposes may be terminated under the Colorado Probate Code.
Probate and Trusts Aug. 22, 2001
Haskett v. Villas at Desert Falls
Trustee is only personally liable if he intentionally or negligently acted or failed to act appropriately in administration of trust.
Probate and Trusts Aug. 22, 2001
Conservatorship of Wendland
Conservator's decision to withhold life-sustaining medical treatment must be based upon medical advice and conservatee's prior wishes and best interests.
Probate and Trusts Aug. 13, 2001
Estate of Wright
Assignment of interest to heir hunter is valid, but signing power of attorney over to hunter's lawyer is against public policy.
Probate and Trusts Aug. 13, 2001
Estate of Moring
Reasonable attorney fees may be paid out of trusts created for Medicaid purposes.
Probate and Trusts Jul. 30, 2001
Hamilton v. Lake Fork Cove Alliance, Inc.
Personal representative has fiduciary duty to all decedent's potential successors.
Probate and Trusts Jul. 30, 2001
Estate of Griswold
Natural father or issue may inherit intestate share from out-of-wedlock child if father admitted paternity and paid child support.
Probate and Trusts Jul. 25, 2001
Dobler v. Arluk Medical Center Industrial Group Inc.
Probate court does not err in authorizing payment to judgment creditors from trust assets without first requiring creditors to sue trustees.
Probate and Trusts Jul. 9, 2001
Bibb v. Bibb
Automobile not validly transmuted should have been included in probate estate as husband's separate property.
Probate and Trusts Jul. 2, 2001
Remsen v. Lavacot
Trustees of trust created before July 1, 1989 is not required to pay interest on cash gift.
Probate and Trusts Jul. 2, 2001
Osborne v. Brenner
Photocopies of testator's handwritten property dispositions in holographic will satisfy statutory requirement that material provisions be in the handwriting of the testator.
Probate and Trusts Jun. 28, 2001
Estate of Mitchell
Under a marriage dissolution restraining order, a spouse's severance of joint tenancy is not considered a transfer or disposition of property.
Probate and Trusts Jun. 28, 2001
Estate of Griswold
Court order establishing paternity also establishes father as descendant's 'natural parent' for purposes of intestate succession.
Probate and Trusts Jun. 21, 2001
Estate of MacAnally
ERISA preempts application of Colorado divorce revocation statute.
Probate and Trusts Jun. 12, 2001
Estate of Ward
Family settlement agreement was not good faith controversy, but only attempt by family to hasten their receipt of will's proceeds.
Probate and Trusts Jun. 11, 2001