October 2004 Meeting Notice

COLORADO BAR ASSOCIATION
9th Floor, Executive Conference Room (Please check the board as you walk in)
1900 Grant Street
Denver, Colorado 80203-4309
(303) 860-1112

Continue work on proposed language for Rule 18.2, dealing with foreign conservatorships, and corresponding forms, and change to C.R.S. 15-14-433.

Present on September 23, 2004:

1. The meeting of the Rules and Forms Committee began at approximately 12:10 p.m. on August 19, 2004.

2. The minutes of the August 19, 2004 meeting were approved without objection.

3. The committee considered changing C.R.S. 15-13-204 Proof of Authority to require a foreign personal representative to supply proof of any bond, and decided not to make this change for decedent's estates.

4. The committee continued worked on the new rule and related forms to clarify the procedure for qualification of foreign conservators, to parallel the new Proposed Rule 18.1 FOREIGN PERSONAL REPRESENTATIVES, and related Proposed Form CPC 60, FOREIGN PERSONAL REPRESENTATIVE’S SWORN STATEMENT, and Proposed Form CPC 61, CERTIFICATE OF ANCILLARY FILING.

5. The committee continued its discussion of the rule (unnumbered, possibly Rule 18.2) FOREIGN CONSERVATORS. Further suggestions were made to change the draft of the rule. [A copy of the rule with the committee's approved changes is attached.]

6. The committee also discussed Proposed Form CPC 60-C, FOREIGN CONSERVATOR'S SWORN STATEMENT. Further suggestions were made to change the draft of the form.

[A copy of the this form with the committee's approved changes is attached. Also attached are proposed changes to Proposed Form 60-A FOREIGN PERSONAL REPRESENTATIVE’S SWORN STATEMENT; and Proposed Form CPC 61-C, CERTIFICATE OF ANCILLARY FILING- Conservator.]

7. The committee discussed the possible numbers for the new rules. There is no clear system of numbering for the probate rules. Rules that start with the same first number are sometimes not related. Suggestions included:

a. Number 18(a) and (b) ANCILLARY PROCEEDINGS - FOREIGN PERSONAL REPRESENTATIVES AND FOREIGN CONSERVATORS (with one rule as 18(a) and the other as 18(b); and

b. Number 18 ANCILLARY PROCEEDINGS - FOREIGN PERSONAL REPRESENTATIVES; and Number 18.1 ANCILLARY PROCEEDINGS - FOREIGN CONSERVATORS.

No decision was made about this.

8. The meeting adjourned at 1:15 p.m.

Respectfully submitted,

Pete Bullard, Secretary

MINUTES OF SEPTEMBER 23, 2004 MEETING

AGENDA FOR OCTOBER 21 MEETING

NOTICE OF MEETING 

COMMITTEE ON RULES AND FORMS
TRUST AND ESTATE SECTION OF THE
COLORADO BAR ASSOCIATION

To: Members of the Rules and Forms Committee 

The next meeting will be October 21, 2004

12:00 p.m. to 1:00 P.M.

(Please note the early ending time to accommodate SRC.)

BOX LUNCHES WILL BE PROVIDED TO THOSE WHO RESPOND TO
THE NOTICE PROVIDED BY BERT MYRIN

Location: