February 4, 2012

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HB 12-1042: Proposed Income Tax Credit for Estate Tax on Agricultural Land

February 2, 2012 By Leave a Comment

On January 11, 2012, Rep. Sal Pace introduced HB 12-1042 – Concerning a State Income Tax Credit Related to the Portion of the Colorado Estate Taxes Paid that are Attributable to Agricultural Land. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill establishes an income tax credit for a person who inherits agricultural land located within the state that is equal to the portion of Colorado estate taxes attributable to the transfer of the land. The tax credit is subject to the following requirements:

  • If more than one person inherits the land, the credit is apportioned among all beneficiaries;
  • If the credit exceeds the income taxes owed, the excess is refundable to the taxpayer; and
  • If the land is reclassified in the 10 years after the credit is claimed, the taxpayer is required to repay the credit, with interest, to the state as part of an amended income tax return.

Summaries of other featured bills can be found here.

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State Judicial Amends More Forms to Comply with New Civil Procedure Rules and Fee Changes (Part 3)

January 31, 2012 By Leave a Comment

Colorado State Judicial continues to issue forms that have been amended to comply with fee changes and the new civil procedure rules adopted as part of Rule Change 2011(18), effective as of January 1, 2012. The changes are being made to time calculation requirements in the forms, which now must reflect the “rule of 7″/multiples of a week.

State Judicial is reviewing all JDF forms and instructions, however it is always the Parties’ responsibility to ensure compliance with the Supreme Court rules. It is therefore important to review the time calculation rule changes prior to filing, as many of the forms have not been reviewed and changed yet.

Below is a list of the latest forms to be amended. Earlier amendments can be found here (Part 1) and here (Part 2). Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; Word templates are forthcoming. Download the new forms from State Judicial’s individual forms pages, or below.

Probate

  • JDF 875 – “Instructions for Appointment of Conservator – Adult” (revised 1/12)
  • JDF 887 – “Instructions to File a Petition to Terminate Conservatorship” (revised 1/12)
  • JDF 906 – “Instructions for Probate with a Will” (revised 1/12)
  • JDF 907 – “Instructions for Probate without a Will” (revised 1/12)
  • JDF 957 – “Instructions for Closing an Estate Formally” (revised 1/12)
  • JDF 958 – “Instructions for Closing a Small Estate Informally” (revised 1/12)
  • JDF 959 – “Instructions for Closing an Estate Informally” (revised 1/12)
  • JDF 989 – “Instructions to Re-Open an Estate” (revised 1/12)

Protection Orders

  • JDF 395 – “Instructions for Restrained Person Motion to Modify / Dismiss Protection Order” (revised 1/12)
  • JDF 400 – “Instructions for Obtaining a Protection Order” (revised 1/12)

Small Claims

  • JDF 248 – “Small Claims Instructions” (revised 1/12)
  • JDF 250 – “Notice, Claim & Summons to Appear for Trial” (revised 1/12)

Water

  • JDF 295W – “Standardized Instructions for all Colorado Water Court Divisions” (revised 1/12)
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e-Legislative Report: Week Three, January 30, 2012

January 31, 2012 By Leave a Comment

The latest Legislative Video Update recaps Military Day at the Capitol and Phase 2 of the SMART Act. Additionally, it reviews which bills the Legislative Policy Committee moved to support during their January 27 meeting.

Military Day at the Capitol

The Senate and House honored Colorado veterans on Monday with what is affectionately called “Military Day at the Capitol.” Both Houses take time to celebrate service men and women, active and retired, through several joint resolutions. The presentations are a welcome relief from the day to day operations at the Capitol and an appropriate way to say “Thank You” to our veterans. Here is a list of the resolutions:

  • Concerning recognition of Military, Veterans, and MIA/POW Appreciation Day.
  • Concerning recognition of military personnel from Colorado who died during specific military conflicts, including those killed after September 11, 2001, during the War on Terrorism, including but not limited to those killed in Afghanistan and Iraq.
  • Concerning the U.S.S. Pueblo.
  • Concerning the designation of Interstate 70 across Colorado as part of a nationwide system of “Tuskegee Airmen Memorial Trails”.

The presentations are a welcome relief from the day to day operations at the Capitol and an appropriate way to say “Thank You” to our veterans.

SMART Act

Again, the floor was light and the committees of reference were busily working through Phase 2 of the SMART Act review process. In case you missed last week, HB 10-119, or the State Measurements for Accountable, Responsive, and Transparent (SMART) Government Act, was adopted in 2010 and part of the act requires departments of state government to suggest improved efficiency or administration through line item consolidation in the budget bill. The presentations to the committees of reference include information about:

  • The departments’ strategic plan;
  • A review of the departments’ performance-based goals and measures; and
  • A report on actual outcomes.

Phase 2 of the meetings with the committees of reference call for the committees to recommend or vote their support for the various budget priority requests from the departments they oversee; e.g. Judiciary Committees oversee the Judicial Branch (Judicial Branch, Public Defender, Alternate Defense Counsel, Office of Child Representative), Department of Corrections, and the Department of Public Safety. The committees met to discuss recommendations and votes but this process is new and the kinks are being worked out. We are hoping for a comprehensive statement from each committee detailing their votes and recommendations to the Joint Budget Committee (JBC).

As the legislature moves to the fourth week of the session, the committee calendars are starting to look like they are in midsession form in terms of workload.

CBA Legislative Policy Committee

For followers who are new to CBA legislative activity, the Legislative Policy Committee (LPC) is the CBA’s legislative policy-making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions from requests from the various sections and committees of the Bar Association.

At the January 27 meeting of the LPC, the Committee voted to adopt as Bar Sponsored legislation a proposal from the Trust and Estate Section. The proposal is designed to put “guard rails” around the search a personal representative, trustee or their legal counsel is required to undertake when searching for a filed Designated Beneficiary Agreement (DBA). To be effective, DBAs are filed with a clerk and recorder where one of the parties is domiciled. When the law was passed in 2009 the law was silent on the duty to search for a filed DBA; as a consequence, the fiduciary or their attorney could conceivably be required to search all 64 counties in Colorado. The Trust and Estate section is seeking to limit the number of counties being searched and to limit the time frame to make the search. This situation arises when there isn’t actual knowledge of the existence of a DBA.

The LPC also voted to support the study committee or Task Force on Abuse of the Elderly that is contemplated in SB 12-078, Protection of At-Risk Adults. The sponsor of the bill is searching ultimately for a way to move the reporting of elder abuse from the current state of “urge” to “mandatory” reporting. The fiscal impact for such a change has moved the focus from a substantive change in this legislation to finding solutions through the Task Force process.

Click here for the full e-Legislative Report.

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State Judicial Continues Amending Forms to Comply with New Civil Procedure Rule Changes (Part 2)

January 24, 2012 By Leave a Comment

Colorado State Judicial is continuing to issue forms that have been amended to comply with fee changes and the new civil procedure rules adopted as part of Rule Change 2011(18), effective as of January 1, 2012. The changes are being made to time calculation requirements in the forms, which now must reflect the “rule of 7″/multiples of a week.

State Judicial is reviewing all JDF forms and instructions, however it is always the Parties’ responsibility to ensure compliance with the Supreme Court rules. It is therefore important to review the time calculation rule changes prior to filing, as many of the forms have not been reviewed and changed yet.

Below is a list of the latest forms to be amended. Earlier amendments can be found here (Part 1). Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; Word templates are forthcoming. Download the new forms from State Judicial’s individual forms pages, or below.

Adoption

  • JDF 495 – “Instructions for Second Parent Adoption” (revised 1/12)
  • JDF 497 – “Instructions for Validation of Foreign Adoption” (revised 1/12)
  • JDF 498 – “Instructions for Kinship Adoption” (revised 1/12)
  • JDF 499 – “Instructions for Custodial Adoption” (revised 1/12)
  • JDF 500 – “Instructions for Stepparent Adoption” (revised 1/12)
  • JDF 506 – “Notice of Adoption Proceeding and Summons to Respond”

Appeals

  • JDF 126 – “Instructions to File a Small Claims or County Civil Appeal” (revised 1/12)

County Civil / District Civil

  • JDF 86 – “Instructions for Issuing a Subpoena in Support of an Action Outside the State of Colorado” (revised 1/12)
  • JDF 105 – “Pattern Interrogatories Under CRCP 369(g) – Individual” (revised 1/12)
  • JDF 131 – “Instructions for an Agistor’s Lien” (revised 1/12)
  • JDF 416 – “Instructions to File a Petition to Seal Arrest & Criminal Records” (revised 1/12)
  • JDF 603 – “Instructions to Complete District Court Civil Case Cover Sheet” (revised 1/12)
  • JDF 611 – “Instructions to Seal Criminal Conviction Records” (revised 1/12)
  • JDF 620 – “Instructions for Filing a Response to a Rule 120 Notice (Foreclosure Sale)” (revised 1/12)

Criminal

  • JDF 416 – “Instructions to File a Petition to Seal Arrest & Criminal Records” (revised 1/12)
  • JDF 460I – “Instructions to Discontinue Sex Offender Registration” (revised 1/12)

Domestic/Family

  • Form 35.4 – “Pattern Interrogatories Domestic Relations” (revised 1/12)
  • Form 35.5 – “Pattern Requests for Production of Documents” (revised 1/12)
  • JDF 1103I – “Instructions for Filing a Response” (revised 1/12)
  • JDF 1415 – “Verified Motion/Stipulation to Modify Decision-Making Responsibility” (revised 1/12)
  • JDF 1418 – “Verified Motion Concerning Parenting Time Disputes” (revised 1/12)
  • JDF 1801 – “Instructions for Completing an Income Assignment Based on Child Support Orders” (revised 1/12)

Juvenile

  • JDF 476 – “Instructions to Discontinue Sex Offender Registration Juvenile” (revised 1/12)

Paternity

  • JDF 1500 – “Instructions to Establish Paternity” (revised 1/12)
  • JDF 1502 – “Summons in Paternity” (revised 1/12)
  • JDF 1513 – “Instructions to Disclaim Paternity” (revised 1/12)
  • JDF 1515 – “Summons to Disclaim Paternity” (revised 1/12)

Probate

  • JDF 782 – “Instructions to File Petition to Accept Adult Guardianship and/or Conservatorship in Colorado from Sending State” (revised 1/12)
  • JDF 786 – “Instructions to File a Petition to Transfer Adult Guardianship and/or Conservatorship from Colorado to Receiving State” (revised 1/12)
  • JDF 820 – “Instructions for Appointment of Guardian for Minor by Will or Other Signed Writing” (revised 1/12)
  • JDF 823 – “Instructions for Appointment of Guardian – Minor” (revised 1/12)
  • JDF 840 – “Instructions for Appointment of a Guardian – Adult” (revised 1/12)
  • JDF 860 – “Instructions for Appointment of Conservator – Minor” (revised 1/12)
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SB 12-002: Authorizing Civil Unions in Colorado

January 20, 2012 By Leave a Comment

On January 11, 2012, Sen. Steadman introduced SB 12-002 – Concerning authorization of civil unions. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates the “Colorado Civil Union Act” to authorize any two unmarried adults, regardless of gender, to enter into a civil union. Parties wanting to enter into a civil union apply to a county clerk and recorder for a civil union license. Certain persons may certify a civil union. After the civil union is certified, the officiant files the civil union certificate with the county clerk and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to free exercise of religion. The criteria for a valid civil union are set forth in the bill.

The executive director of the department of public health and environment and the state registrar of vital statistics shall issue forms necessary to implement the Act. Each county clerk and recorder submits records of registered civil unions to the office of vital statistics. A county clerk and recorder collects a fee for a civil union license, which fee is credited to the vital statistics records cash fund. The state registrar of vital statistics is authorized to set and collect an additional fee for verification of civil unions, which fee is credited to the vital statistics records cash fund. A county clerk and recorder collects a $20 fee to be credited to the Colorado domestic abuse program fund.

The bill lists the legal benefits, protections, and responsibilities that are granted under the law to spouses and states that the same shall apply in like manner to parties to a civil union.

The same processes that are provided in law for dissolution, legal separation, and declaration of invalidity of a marriage apply to dissolution, legal separation, and declaration of invalidity of a civil union. Any person who enters into a civil union in Colorado consents to the jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even if one or both parties cease to reside in the state. The courts are directed to follow the laws of Colorado in a matter filed in Colorado that is seeking a dissolution, legal separation, or invalidity of a civil union that was entered into in another state. The courts are authorized to collect docket fees for the dissolution of a civil union, legal separation of a civil union, and declaration of invalidity of a civil union.

The Act shall not be construed to create a marriage between the parties to a civil union or alter the public policy of this state that recognizes only the union of one man and one woman as a marriage. Notwithstanding any provision of law to the contrary, the Act shall not be interpreted to require a child placement agency to place a child for adoption with parties to a civil union.

The Act includes a reciprocity and principle of comity section that states that a relationship between persons of the same sex that does not comply with section 31 of article II of the state constitution that is legally entered into in another jurisdiction is deemed in Colorado to be a civil union and that, under principles of comity, a civil union, domestic partnership, or a substantially similar legal relationship that is legally created in another jurisdiction is deemed to be a civil union for purposes of Colorado law.

A severability clause is included in the Act.

The executive director of the department of revenue is authorized to appoint a study commission to investigate and report on what changes in the law could be made to ensure equitable tax treatment and to allow parties to a civil union to file a joint state tax return without violating the federal tax laws. Until a statutory change is enacted to authorize the filing of a joint state tax return by parties to a civil union, the Act shall not be construed to permit the filing of a joint income tax return by the parties to a civil union.

A custodian of records is prohibited from allowing a person, other than the person in interest or an immediate family member of the person in interest, to inspect the application for a civil union license of any person; except that a district court may order the custodian to permit inspection of the license application for a civil union upon a showing of good cause.

A person who has entered into a designated beneficiary agreement under Colorado’s designated beneficiary statute is precluded from entering into a civil union with a different person. If both parties to a designated beneficiary agreement are eligible to enter into a valid civil union and subsequently enter into a civil union, the civil union certificate constitutes a superseding legal document that supersedes and invalidates the prior designated beneficiary agreement.

The bill makes other conforming amendments.

The bill takes effect October 1, 2012; except that the provision relating to the inclusion of a partner in a civil union as a dependent on a health insurance policy takes effect January 1, 2013.

Summaries of other featured bills can be found here.

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State Judicial Begins Amending Forms to Comply with New Civil Procedure Rule Changes

January 17, 2012 By 1 Comment

Colorado State Judicial has begun to issuing forms that have been amended to comply with the new civil procedure rules adopted as part of Rule Change 2011(18), effective as of January 1, 2012. The changes are being made to time calculation requirements in the forms, which now must reflect the “rule of 7″/multiples of a week.

State Judicial is reviewing all JDF forms and instructions, however it is always the Parties’ responsibility to ensure compliance with the Supreme Court rules. It is therefore important to review the time calculation rule changes prior to filing, as many of the forms have not been reviewed and changed yet.

Below is a list of forms that have been amended so far. Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; Word templates are forthcoming. Download the new forms from State Judicial’s individual forms pages, or below.

Adoption

  • JDF 530 – “Notice & Summons for Adult Adoption” (revised 1/12)

County Civil / District Civil

  • Form 1.1 – “Summons by Publication” (revised 1/12)
  • JDF 82 – “Instructions on How to Collect a Judgment and Completing a Writ of Garnishment” (revised 1/12)
  • JDF 96 – “Instructions for Filing an Answer and/or Counterclaim” (revised 1/12)
  • JDF 100 – “Instructions for Forcible Entry and Detainer (FED) / Evictions” (revised 1/12)
  • JDF 107 – “Order for Entry of Judgment with Issuance of Interrogatories” (revised 1/12)
  • JDF 108 – ” Pattern Interrogatories Under CRCP 369(g) – Business” (revised 1/12)
  • JDF 110 – ” Instructions for a County Court Civil Case (Money Demand)” (revised 1/12)
  • JDF 112 – “Instructions for Reviving a Judgment” (revised 1/12)
  • JDF 114 – “Notice to Show Cause for Revival of Judgment” (revised 1/12)
  • JDF 115 – ” Instructions for Replevin” (revised 1/12)
  • JDF 116 – “Verified Complaint in Replevin” (revised 1/12)
  • JDF 119 – “Prejudgment Order for Possession After Hearing” (revised 1/12)
  • JDF 122 – “Instructions for Issuance of Contempt Citation” (revised 1/12)
  • JDF 123 – “Motion and Affidavit for Citation for Contempt of Court” (revised 1/12)
  • JDF 137 – ” Instructions for Filing a Foreign Judgment” (revised 1/12)
  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 1/12)
  • JDF 420 – ” Instructions for filing a Change of Name – Minor” (revised 1/12)
  • JDF 432 – ” Instructions for Filing a Change of Name – Adult” (revised 1/12)
  • JDF 600 – “District Court Civil Summons” (revised 1/12)
  • JDF 605 – ” Instructions for Appealing Property Tax Assessment” (revised 1/12)
  • CRCCP 9 – “Disclosure Statement” (revised 1/12)

Criminal

  • JDF 385 – ” Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 1/12)

Domestic/Family

  • JDF 1099 – “Instructions for Filing a Dissolution of Marriage or Legal Separation if there are no Children of this Marriage or the Children are Emancipated” (revised 1/12)
  • JDF 1100 – “Instructions for Filing a Dissolution of Marriage or Legal Separation With Children” (revised 1/12)
  • JDF 1102 – “Summons for Dissolution of Marriage or Legal Separation” (revised 1/12)
  • JDF 1215 – “Evaluation of a Foreign Decree” (revised 1/12)
  • JDF 1220 – “Instructions to File a Foreign Decree” (revised 1/12)
  • JDF 1222 – “Summons for Registration of Foreign Decree” (revised 1/12)
  • JDF 1325 – “Instructions to Convert Decree of Legal Separation to Decree of Dissolution of Marriage” (revised 1/12)
  • JDF 1399 – “Instructions to File a Motion or Stipulation to Modify or Terminate Maintenance” (revised 1/12)
  • JDF 1400 – “Instructions to File a Motion to Relocate Minor Children” (revised 1/12)
  • JDF 1401 – “Motion to Modify or Terminate Maintenance” (revised 1/12)
  • JDF 1403 – “Motion to Modify Child Support” (revised 1/12)
  • JDF 1403I – “Instructions to File a Motion or Stipulation to Modify Child Support” (revised 1/12)
  • JDF 1406 – “Motion to Modify/Restrict Parenting Time” (revised 1/12)
  • JDF 1406I – “Instructions to File a Motion to Modify/Restrict Parenting Time” (revised 1/12)
  • JDF 1407 – “Motion to Relocate Minor Children” (revised 1/12)
  • JDF 1408 – “Motion to Terminate Child Support Per §14-10-122, C.R.S.” (revised 1/12)
  • JDF 1411 – “Instructions to File a Motion or Stipulation to Modify Decision-Making Responsibility” (revised 1/12)
  • JDF 1413I – “Instructions for Petition for Allocation of Parental Responsibilities” (revised 1/12)
  • JDF 1414 – “Summons to Respond to Petition for Allocation of Parental Responsibilities” (revised 1/12)
  • JDF 1418I – “Instructions to File a Motion Concerning Parenting Time Disputes” (revised 1/12)
  • JDF 1426 – “Instructions to File a Motion to Terminate Child Support” (revised 1/12)
  • JDF 1524 – “Instructions to File a Motion to Modify or Set Aside Parentage” (revised 1/12)
  • JDF 1525 – “Verified Motion to Modify or Set Aside an Order Determining Parentage” (revised 1/12)
  • JDF 1600 – “Instructions to File for a Declaration of Invalidity of Marriage (Annulment)” (revised 1/12)
  • JDF 1602 – “Summons for Declaration of Invalidity of Marriage” (revised 1/12)
  • JDF 1700 – “Instructions to File for Grandparent Visitation” (revised 1/12)
  • JDF 1701 – “Verified Pleading Affidavit for Grandparent Visitation” (revised 1/12)
  • JDF 1800 – “Instructions for Filing Motions to Enforce Orders” (revised 1/12)

Filing Fees

  • JDF 1 – “Filing Fees, Surcharges, and Costs effective on and after January 23, 2012″ (revised 1/12)

Juvenile

  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 1/12)

Miscellaneous

  • JDF 83 – “Notice of Withdrawal as Attorney of Record” (revised 1/12)

Probate

  • JDF 709 – “Instructions to Set a Hearing and to Complete a Notice of Hearing” (revised 1/12)
  • JDF 712 – “Notice of Non-Appearance Hearing Pursuant to C.R.P.P. 8.8″ (revised 1/12)
  • JDF 722 – “Objection to Non-Appearance Hearing” (revised 1/12)
  • JDF 963 – “Notice of Non-Appearance Hearing on Petition for Final Settlement” (revised 1/12)
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Filing Fees Temporarily Reduced in Certain Civil Actions

January 13, 2012 By Leave a Comment

The Colorado Supreme Court has issued a new Chief Justice Directive, which temporarily reduces the filing fees for certain civil actions, effective January 23, 2012.

CJD 12-02 temporarily decreases filing fees credited to the Justice Stabilization fund.  Pursuant to Colorado Revised Statutes, cash funds must maintain no more than a 16 percent excess fund balance, and it is projected that the fund will exceed this target reserve limit.  In order to comply with the statutory requirement, Chief Justice Bender has temporarily reduced filing fees.

As necessary, the Chief Justice may later increase these fees back to their statutorily permitted level.

The reduced fees apply across the board throughout Colorado courts and are outlined in Appendix A to CJD 12-02 – “Temporary Reduction of Filing Fees in Certain Civil Actions”

Questions about the change may be directed to Linda Bowers, Court Services Manager, at (720) 921-7839 or linda.bowers@judicial.state.co.us.

Filed Under: Updates Tagged With: , , , , , , , , , , , , , ,

Majority of Colorado Procedure Rules Amended to Adopt “Rule of 7″ Time Calculations

December 15, 2011 By 3 Comments

The Colorado Supreme Court has made significant changes across the board for procedural time calculations. The amendments were made to the:

  • Colorado Rules of Civil Procedure
  • Colorado Appellate Rules
  • Colorado Rules of Probate Procedure
  • Colorado Rules of Criminal Procedure
  • Colorado Rules of Juvenile Procedure
  • Colorado Municipal Court Rules of Procedure
  • Colorado Rules for Magistrates

The changes conform these rules to the “rule of 7″ for procedural time periods. This change, adopting multiples of a week, will help eliminate problems that arise when a deadline falls on a weekend; deadlines can no longer fall on a weekend.

Additionally, the changes:

  • Eliminate the 3-day mail rule.
  • Add the requirement that motions challenging expert testimony pursuant to C.R.E. 702 must be filed no later than 70 days (10 weeks) before the trial.
  • Clarify that the “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.
  • Repeal provisions that conflict with the “rule of 7″ standard.

The amendments are compiled in two massive rule changes, which provide red line edits:

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Colorado State Court Administrator Issues Judicial Resource Manual for Management of Protective Proceedings

October 26, 2011 By Leave a Comment

The Colorado Supreme Court has issued a new Chief Justice Directive, which was adopted and effective as of September 2011.

CJD 11-03, Protective Proceedings Policies and Procedures, directs that each court of record, including judicial officers and all Judicial Department personnel, must comply with the section of the Judicial Resource Manual containing policies and procedures for protective proceeding cases.

The Judicial Resource Manual was updated in October 2011 and was recently posted online by State Judicial. The Manual can be reviewed here.

CJD 11-03 – “Protective Proceedings Policies and Procedures.”

Judicial Resource Manual on Protective Proceedings (October 3, 2011).

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Guardianships & Conservatorships: Get the Basics with Mark Masters

October 11, 2011 By Leave a Comment

Co-Sponsored by the CBA Trust & Estate Section

Whether you are new to the Guardianship and Conservatorship arena as a lawyer or paralegal, just need a refresher, or are looking to further hone your skills, this half-day biennial basics program will arm you with the fundamental nuts and bolts information you need to handle these otherwise complicated cases.

One of the biggest parts of serving as a guardian or conservator is preparing and filing mandatory written status reports on a regular basis.  In our classroom you will learn all you need to know in order to provide valuable help to clients with their ongoing, dynamic responsibilities.

Among the topics to be covered are:

  • Getting Started: Who Is My Client? Doing Your Homework Before the Hearing
  • Forms, Checklists, and What to Expect at the Hearing
  • Reporting Requirements to the Court: Following a Case over the Years
  • Ethics: Navigating the Pitfalls of Guardianship and Conservatorship Cases
  • Educating Your Clients

Attorneys, bring along your paralegal as well to make sure your staff is well informed of the ins and outs of successfully serving as a guardian or conservator and avoiding ethical challenges. Come spend the morning with us, and build your knowledge and skills in this expanding area of the law. The program is taught by some of the most knowledgeable and experienced practitioners in Colorado, including program chair Mark D. Masters, Esq.

Don’t miss out on this opportunity to enhance your practice and gain insights from our esteemed faculty!

CLE Program: Guardianships & Conservatorships – The Basics

This CLE presentation will take place on Wednesday, October 26. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in three formats: video on-demand, mp3 download, and audio CD recordings. The course materials will also be available in hardy copy or as an electronic download.
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Colorado Supreme Court Amends Two Probate Forms

September 22, 2011 By Leave a Comment

The Colorado Supreme Court has amended Appendix A (Colorado Probate Code Forms) to Chapter 27 of the Colorado Court Rules. The rule change required two probate forms to be revised, and the new forms have been provided by State Judicial. Practitioners should begin using the new forms immediately. The amended forms are:

Probate

  • JDF 800 – “Acknowledgment of Responsibilities Conservator and/or Guardian” (revised 9/11)
  • JDF 810 – “Court Visitor’s Report” (revised 9/11)

Currently, the forms are only available in Microsoft Word format. PDF and Word template formats are forthcoming and will be posted by State Judicial when available.

Click here to read the full release, Rule Change 2011(11), about these changes to the Probate Code Forms by the Colorado Supreme Court.

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Tenth Circuit: Investor Forced to Sell Shares as the Result of a Merger Does Not Have Standing to Sue as a Purchaser of Securities under 1933 Act

August 26, 2011 By Leave a Comment

The Tenth Circuit Court of Appeals issued its opinion in Katz v. Gerardi on Thursday, August 25, 2011.

The Tenth Circuit affirmed the district court’s decision. Petitioners were minority shareholders in a real estate investment trust owned by a public company. The company entered into a merger agreement in which two investors acquired all of their outstanding public shares. As part of the merger, Petitoiners were squeezed out of the investment trust and had the option of receiving either cash or stock in the newly formed entity in exchange for their shares. Petitioner separately sued and claimed the offering documents associated with the merger contained false and misleading statements or omissions. The district court dismissed their complaint when Petitioners tried to join them together, finding that one of the petitioners was improperly splitting claims that should have been alleged in its earlier action. The court also found the other petitioner lacked standing to bring his securities law claims since he was not a purchaser when he opted to sell his shares.

The Court agreed with the district court’s analysis of the issues. As a result of the joinder, one of the petitioners had filed two cases in the same district court, involving the same subject matter, seeking the same claims for relief against the same defendants; the district court did not abuse its discretion by dismissing that petitioner from the case for claim splitting.

The district court also properly dismissed the other petitioner’s 1933 Act securities claims. The court concluded that he was not a purchaser of securities and therefore lacked standing to bring those claims. Petitioner contested this conclusion, “arguing he, in fact, was a purchaser under the securities laws for a single reason: the merger caused a fundamental change of his A-1 units that so altered the nature of his investment as to transform them into “new” A-1 Units. In his view, the A-1 Units lost their valuable liquidity, dividend, and tax indemnification features upon the announcement of the merger. The merger effectively forced him to purchase the “new” A-1 Units, which lacked the advantageous characteristics of the “old” units, for purposes of the 1933 Act.” The Court rejected this argument and determined that the merger did not force him to purchase new securities, but only to sell his A-1 Units for cash or new units. Since 1933 Act claims only give standing to purchasers of securities, his claims were properly dismissed.

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