Notice and Agenda - November 18, 2004 - Meeting Minutes - October 21, 2004
COLORADO BAR ASSOCIATION
9th Floor, Executive Conference Room (Please check the board as you walk in)
1900 Grant Street
Denver, Colorado 80203-4309
AGENDA FOR NOVEMBER 18 MEETING
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.
Continue discussion of C.R.S. 15-13-204 and the meaning of "domiciliary foreign personal representative" and "nonresident decedent" in this statute and in other sections of Article 13.
MINUTES OF OCTOBER 21, 2004 MEETING
Present on October 21, 2004:
1. The meeting of the Rules and Forms Committee began at 12:00 p.m. on October 21, 2004.
2. The minutes of the September 23, 2004 meeting were approved without objection.
3. The committee considered an email from Gene Zuspann stating a concern about proposed Rule 18.1 Foreign Personal Representatives. Gene asks whether the term "nonresident decedent" is necessary as a limitation on the application of the rule, as C.R.S. 15-13-204 does not have this limitation. He has had the experience of a probate started in another state for a decedent residing in Colorado, where there was a need to administer Colorado assets. Gene thinks the better approach is to allow the foreign personal representative to act in Colorado even if the "nonresident decedent" condition is not met.
4. The committee discussed this concern. We asked what 15-13-204's use of the term "domiciliary" foreign personal representative means. We debated whether the "domiciliary" modifies the decedent, so that the decedent must be a domiciliary of the other state; or whether "domiciliary" modifies the personal representative, meaning that the personal representative must be a domiciliary of another state. We discussed the difference between "domicile" (where one intends to reside indefinitely) and "residence" (where one is located presently). [See 15-10-201(34), which defines a nonresident decedent as one domiciled in another jurisdiction at death.]
5. It was noted that the term "nonresident decedent" used on Form 18.1 came from 15-13-201. The term also appears in other sections of Article 13. The question then arose as to whether this restriction on the application of Article 13 was a good thing, and whether it should be changed. The comment was made that it may have been included to limit forum shopping, where estates are opened for Colorado residents in other states to take advantage of some tax or other laws in those states.
6. Dave Griffith served on the UPC II Subcommittee for SRC. He said that 15-13-101 needs to be considered. It says a local personal representative does not include a foreign personal representative acting under Article 13. He said we should not "tinker" with the language without knowing the history. He suggested that we ask Stan Kent, who should have the subcommittee's notes on Article 13. Mike Holder said he thought this Article had not changed in the transition from UPC I to UPC II.
7. We agreed to collectively work on the history of Article 13 to help us understand the meaning of the "nonresident decedent" restrictions.
8. The meeting adjourned at 12:50 p.m.
Pete Bullard, Secretary
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 November 18, 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