July 18, 2019

Archives for January 9, 2019

Colorado Court of Appeals: Personal Representative Entitled to Access to Decedent’s Non-Probate Legal Files

The Colorado Court of Appeals issued its opinion in In re Estate of Rabin on Thursday, December 28, 2018.

Probate — Duty of Personal Representative; Attorneys and Clients — Attorney-Client Privilege

A division of the court of appeals considers whether the right of a probate estate’s personal representative to possession of the decedent’s property under section 15-12-709, C.R.S. 2018, encompasses the right to access the decedent’s non-probate legal files, or whether such access conflicts with the rule that the attorney-client privilege survives the death of the client. The division holds that it does not conflict, because the personal representative steps into the shoes of the decedent and becomes the privilege holder. Therefore, the personal representative is entitled to the legal files absent contrary instructions in the will.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 1/9/2019

On Wednesday, January 9, 2019, the Tenth Circuit Court of Appeals issued no published opinion and five unpublished opinions.

Tso v. Murray

Boyett v. Smith

Counce v. Wolting

Zartner v. Miller

Harris v. Allbaugh

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.

Tenth Circuit: Unpublished Opinions, 1/8/2019

On Tuesday, January 8, 2019, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

United States v. Johnson

Chapman v. Lampert

Carr v. Zwally

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.