by Brooke Simons When viewing an estate as a whole, Tangible Personal Property (“TPP”) is not usually the most financially significant component. However, it is often the single most bitterly disputed area in an estate. Often times, when TPP is being administered under an estate, there are specific provisions in the will as to how […]
by Kami Pomerantz On May 23, 2019, the U.S. House of Representatives passed the Setting Every Community Up for Retirement Enhancement Act of 2019 (H.R. 1994) referred to as the SECURE Act. The SECURE Act passed with broad support in the House with a vote of 417-3. The SECURE Act incorporates many provisions in Retirement […]
by Brooke Simons As we have just passed the one-year anniversary of the CUTC being signed into law, now seems like an appropriate time to go over a few reminders with regards to its mandatory provisions – in particular the Notice provisions. The CUTC is generally considered to be a default statute – that is, […]
by Carol Warnick Wyoming has created a chancery court which will be authorized to hear cases in fifteen (15) specific areas, including cases alleging breach of fiduciary duty and transactions governed by the Wyoming Uniform Trust Code, in addition to hearing business disputes. This represents a significant change in the way many trust disputes, as […]
by Jody H. Hall, Paralegal In the past week, our firm has had several clients receive in the mail, and fortunately ask us about, a form titled “2019 – Period Report Instruction Form (Colorado LLCs)”. This form purports to advise the client that the annual report or renewal for their entity is now due; however, […]
by Brooke Simons Pro se litigants present a unique set of challenges when encountered in the practice of law. In particular, pro se litigants seem to be on the rise on the fiduciary litigation context. Whether this is due to the highly personal nature of fiduciary litigation or perhaps the increase in the availability of […]
by Kami Pomerantz The Child Care Contribution Tax Credit (the “CCTC”) provides a valuable tax credit against a taxpayer’s Colorado state income tax. The credit equals 50% of the amount of a contribution made to a qualifying Colorado charitable organization that promotes child-care. At the end of August, the IRS issued proposed regulations amending Treas. […]
by Jody H. Hall, Paralegal As a probate paralegal, I spend a decent amount of time helping families transfer assets and completing forms. One of the more common questions that I get is “What does one need to do and take to the DMV to transfer a vehicle title to the beneficiary?” I typically go […]
Every day, the Trust & Estate Litigation Practice Group at Holland & Hart addresses legal issues that impact fiduciaries and beneficiaries and litigates issues that arise in those relationships. Working to deal with conflicts arising from the transfer of wealth requires insight and vigilance. Our skillful group of problem solvers will share their experiences, perspectives, […]
by Carol Warnick No-contest clauses (sometimes called in terrorem clauses) are extremely common in today’s litigious society. A no-contest clause essentially makes all gifts under the will or trust conditional upon not challenging the document. Many clients are concerned about a beneficiary (or a disinherited heir) contesting their estate planning documents, especially if the client […]