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Chapter 53 - § 53.20 • PROBATE COURT JURISDICTION REGARDING NON-PROBATE ASSETS
Jurisdiction | Colorado |
In Sandstead-Corona v. Sandstead, 415 P.3d 310 (Colo. 2018), a dispute between two daughters (Corona and Sandstead) of the decedent, Corona brought claims against her sister, Sandstead, related to their parents' estate. Corona filed an action for surcharge against Sandstead for breach of her fiduciary duty related to pre-death and post-death gifts, expenditures from joint bank accounts, and distributions of money.
The facts of this case are complicated by the multiple hearings and orders, but, essentially, the case can be reduced to two issues:
1) Whether the trial court had jurisdiction over multiple-party accounts and to impose a constructive trust on non-probate assets; and
2) Whether the trial court erred in enforcement of the penalty clause in a trust (see § 53.8 in this chapter).
Shortly after the surcharge was filed, Sandstead filed a motion in limine to prohibit evidence regarding the transfer of $230,000 from a Wells Fargo joint tenancy account in Sterling, Colorado, to a joint tenancy account in Citizen's Bank in Boston. Because the transfer occurred prior to her mother's death and was a joint account, Sandstead asserted that the court lacked jurisdiction in her mother's estate to hear the pre-death claims.
The trial court initially granted the motion in limine, finding that the court lacked jurisdiction regarding claims against Sandstead individually. Later in the course of the proceedings, the judge reversed his prior order and permitted Corona to bring a surcharge action against Sandstead for her malfeasance related to the joint account prior to her mother's death.
With regard to the jurisdictional issue, on appeal Sandstead asserted that the trial court erred in surcharging her for actions related to a joint bank account created prior to her mother's death and prior to her appointment as personal representative because the money was not estate property. The court of appeals reversed the trial court's surcharge against Sandstead related to pre-death transfers, finding there was no evidence that Sandstead exercised her authority as agent under the power of attorney. The court of...
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- Chapter 53 Will Contests
- Chapter 53 - CHAPTER 53 WILL CONTESTS
- Chapter 53 - § 53.1 • INTRODUCTION
- Chapter 53 - § 53.2 • COMMENCEMENT OF A CONTEST
- Chapter 53 - § 53.3 • STATUTE OF LIMITATIONS TO CONTEST WILLS AND TRUSTS
- Chapter 53 - § 53.4 • INFORMAL|FORMAL PROBATE
- Chapter 53 - § 53.5 • CAVEAT OR OBJECTION TO WILL OR CODICIL
- Chapter 53 - § 53.6 • FEES AND COSTS OF THE PROPONENT AND CONTESTANT
- Chapter 53 - § 53.7 • STANDING AND FIDUCIARY NEUTRALITY
- Chapter 53 - § 53.8 • NO CONTEST — PENALTY CLAUSES IN WILLS AND TRUSTS
- Chapter 53 - § 53.9 • CHALLENGES TO EXECUTION
- Chapter 53 - § 53.10 • BURDENS OF PROOF — CONTESTED CASES
- Chapter 53 - § 53.11 • TESTAMENTARY CAPACITY
- Chapter 53 - § 53.12 • UNDUE INFLUENCE
- Chapter 53 - § 53.13 • REFORMATION OF WILLS
- Chapter 53 - § 53.14 • CONFIDENTIAL OR FIDUCIARY RELATIONSHIP
- Chapter 53 - § 53.15 • EVIDENCE
- Chapter 53 - § 53.16 • DISCOVERY IN WILL CONTEST LITIGATION
- Chapter 53 - § 53.17 • PRESUMPTIONS AND INFERENCES IN PROBATE LITIGATION AND WILL EXECUTIONS
- Chapter 53 - § 53.18 • TORTIOUS INTERFERENCE WITH INHERITANCE
- Chapter 53 - § 53.19 • CONSERVATOR-CREATED WILLS
- Chapter 53 - § 53.20 • PROBATE COURT JURISDICTION REGARDING NON-PROBATE ASSETS
- Chapter 53 - § 53.21 • CIVIL THEFT|CONVERSION|UNJUST ENRICHMENT
- Chapter 53 - § 53.22 • CO-FIDUCIARIES' JOINT AND SEVERAL LIABILITY|COMPARATIVE FAULT
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