July 18, 2019

Colorado Supreme Court: Automatic Vesting of Right to an Exempt Property Allowance

The Colorado Supreme Court issued its opinion in Foiles v. Whittman on June 28, 2010.

Exempt Property Allowance—Probate Code—Statutory Construction—Plain Meaning—Surviving Spouse—Vesting of Right—Standing of Estate.

This is a case interpreting the exempt property allowance statute, CRS § 15-11-403. The Supreme Court held that the statutory language plainly establishes that the right to an exempt property allowance automatically vests when the claimant survives the decedent by more than 120 hours. The Court concluded that, even if a claimant dies before making a claim for an exempt property allowance, the claimant’s estate may make the claim on his or her behalf.

Summary and full case available here.

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