Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
71238-7
|
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 | |
01-0283
|
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 | |
00CA2054
|
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 | |
00CA2225
|
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 | |
G026327
|
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 | |
D036065
|
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 | |
26793-4
|
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 | |
00CA0651
|
Schultz v. Hoffman
Decedent's apparent disposal of will is sufficient to support conclusion that will was revoked. |
Probate and Trusts |
|
Jan. 7, 2002 | |
C035887
|
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 | |
H021898
|
Estate of Sigourney
Trust was improperly amended without notice to parties with rights under will. |
Probate and Trusts |
|
Dec. 10, 2001 | |
69655-1
|
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 | |
S087265
|
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 | |
B145085
|
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 | |
46795-6-I
|
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 | |
A089985
|
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 | |
00CA2060
|
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 | |
D033915
|
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 | |
C029439
|
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 | |
B145083
|
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 | |
00CA0463
|
Estate of Moring
Reasonable attorney fees may be paid out of trusts created for Medicaid purposes. |
Probate and Trusts |
|
Jul. 30, 2001 | |
99CA2327
|
Hamilton v. Lake Fork Cove Alliance, Inc.
Personal representative has fiduciary duty to all decedent's potential successors. |
Probate and Trusts |
|
Jul. 30, 2001 | |
S087881
|
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 | |
B141132
|
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 | |
A091894
|
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 | |
G025009
|
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 | |
B119255
|
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 | |
E023094
|
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 | |
B128933
|
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 | |
99CA0120
|
Estate of MacAnally
ERISA preempts application of Colorado divorce revocation statute. |
Probate and Trusts |
|
Jun. 12, 2001 | |
00-0403
|
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 |