Notice of Meeting 2-17-05 and Minutes of Meeting 1-20-05
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, February 17, 2005
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
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 FEBRUARY 17, 2005 MEETING
Approve submittal to SRC of C.R.S. 15-14-433 change from "copies of letters of appointment" to "copies of his or her appointment" to clarify that it is not just the "copies of letters of appointment" that need to be filed.
Consider for final approval and submittal to Supreme Court proposed Rule 18.1(a) FOREIGN PERSONAL REPRESENTATIVES, and related proposed Form CPC 60, FOREIGN PERSONAL REPRESENTATIVE’S SWORN STATEMENT; and related proposed Form CPC 61, CERTIFICATE OF ANCILLARY FILING (DECEDENT’S ESTATE); and proposed Rule 18.1(b) FOREIGN CONSERVATORS, and related proposed Form CPC 60-C, FOREIGN CONSERVATOR’S SWORN STATEMENT, and related proposed Form CPC 61-C, CERTIFICATE OF ANCILLARY FILING (CONSERVATORSHIP). Look at the numbering and naming to see if they are consistent with the current rules and forms.
Consider John Launce’s drafts of forms for successor personal representatives to apply for appointment in informal probate.
Consider Catherine Seal’s suggested changes to the Visitor’s Report form, CPC 32-V.
MINUTES OF JANUARY 20, 2005 MEETING
Present on January 20, 2005:
1. The meeting of the Rules and Forms Committee began at 12:00 p.m. on January 20, 2005.
2. The minutes of the December 16, 2004 meeting were approved without objection.
3. The chair passed out the proposal from Rules and Forms to be presented to the Statutory Revisions Committee (SRC) and Council today to amend C.R.S. 15-10-201 by adding a definition as follows:
"Domiciliary foreign personal representative" means a personal representative appointed by another jurisdiction in which the decedent was domiciled at the time of his or her death.
This was approved at our last meeting.
[Editor’s note. The proposal was approved by SRC and Council at their meetings following this one.]
2. Mike Holder brought back up for discussion the change approved by our committee earlier to C.R.S. 15-14-433. The change in language would be from "copies of letters of appointment" to "copies of his or her appointment". This will clarify that it is not just the "copies of letters of appointment" that need to be filed. C.R.S. 15-13-204 Proof of Authority, for foreign personal representatives, uses the language "copies of his appointment", instead of "letters of appointment". The former language was thought by the committee to authorize the new proposed Rule 18.1 and the two proposed forms. Changing the statute would more clearly allow Rule 18.2, and related forms, to be created to require the filing of orders, letters and other documents related to the appointment. After discussion, upon motion made and seconded, the member reaffirmed the decision to ask SRC to approve this change.
3. The committee looked again at changing C.R.S. 15-13-204 from "copies of his appointment" to "copies of his or her appointment". It was decided not to request this change.
4. We discussed whether to work on a rule change providing that C.R.C.P. 16 applies to all probate proceedings. The Colorado Springs attorneys are dealing with a local rule whereby all conservatorship proceedings are subject to an order imposing deadlines and other obligations on litigants. They say in some cases the order does not work well, overcomplicates the proceedings, and is badly written. Boulder County is apparently using a form of order for estate litigation. It was noted that Rule 16.2 can be used when children are involved (presumably with court approval). It was noted that the proceedings in probate are so varied that one rule would not fit them all. After discussion, it was decided not to pursue this now. It seems that the Springs attorneys have a local problem and are in the process of trying to work it out. The matter was therefore tabled until May to see if they can work this out themselves.
5. We looked again at proposed Rule 18.1(a) FOREIGN PERSONAL REPRESENTATIVES. This Rule, and related proposed Form CPC 60, FOREIGN PERSONAL REPRESENTATIVE’S SWORN STATEMENT, and related proposed Form CPC 61, CERTIFICATE OF ANCILLARY FILING (DECEDENT’S ESTATE), were approved earlier in the year. We discussed some minor changes and approved the changes. We then looked at proposed Rule 18.1(b) FOREIGN CONSERVATORS. This Rule, and related proposed Form CPC 60-C, FOREIGN CONSERVATOR’S SWORN STATEMENT, and related proposed Form CPC 61-C, CERTIFICATE OF ANCILLARY FILING (CONSERVATORSHIP) need to be approved. At the next meeting we will review these rules and forms to see if they are all ready to be recommended to approval by the Supreme Court. We will need to look at the numbering and naming to see if they are consistent with the current rules and forms.
6. Catherine Seal suggested that we change the Visitor’s Report form, CPC 32-V, to make it more useful. She will email her suggestions to Pete.
7. We decided not to pursue Cliff Venerable’s suggestion that we need a change in the law so that asset holders can be penalized for failure to honor the Small Estate Affidavit (CPC Form 40). This seems to be an SRC issue.
8. We handed out John Launce drafts of forms for successor personal representatives to apply for appointment in informal probate. We will discuss them at the next meeting.
9. The meeting adjourned at 1:15 p.m.
Pete Bullard, Secretary