Notice and Agenda - December 16, 2004 - Meeting Minutes - November 18, 2004

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 Thursday, December 16, 2004
12:00 p.m. to 1:15 P.M.

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

Location:
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

AGENDA FOR DECEMBER 16 MEETING

Continue work on proposed language for Rule 18.2, dealing with foreign conservatorships, and corresponding forms, and possible 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 NOVEMBER 18, 2004 MEETING 

Present on October 21, 2004:

1.The meeting of the Rules and Forms Committee began at 12:00 p.m. on November 18, 2004.   

2.The minutes of the October 21, 2004 meeting were approved without objection.

3.The committee continued its discussion, triggered by an email from Gene Zuspann stating a concern about proposed Rule 18.1 Foreign Personal Representatives.  Gene had asked 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.  In past discussions, and at this meeting, there were comments that this limitation has the benefit of preventing forum shopping, where estates are opened for Colorado residents in other states to take advantage of some tax or other laws in those states, and that is protects creditors in Colorado who might otherwise not receive notice of estates of Colorado residents. 

4.The committee discussed 15-13-204's term “domiciliary foreign personal representative”.  We concluded that it means the PR in the state (other than Colorado) where the decedent was domiciled (intended to reside indefinitely) at his or her death.  It was noted that this limitation keeps the foreign probate court which initially appointed the “domiciliary” PR (as apposed to courts in other states where there are ancillary proceedings) informed about the case. [See 15-10-201(34), which defines a nonresident decedent as one domiciled in another jurisdiction at death.] [The term "nonresident decedent" that is used on Form 18.1 came from 15-13-201. The term also appears in other sections of Article 13 and is uniform law.] 

5. We discussed possible changes to the term “domiciliary foreign personal representative”.  Some said the policies behind the uniform language are sound, and the language should stay as is.  Others proposed removing “foreign”, or at least defining the words for clarification. 

6.There was no consensus at this meeting.      

7.The meeting adjourned at 1:00 p.m. to accommodate an early start of the Statutory Revisions Committee.

Respectfully submitted,

Pete Bullard, Secretary