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Holland & Hart is a full-service law firm with locations in 14 offices. Throughout the Mountain West, from coast to coast and beyond, Holland & Hart provides clients with sharp legal counsel from a vantage like no other. For more information, visit www.hollandhart.com or on Twitter: @HollandHart.
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Be Wary of Colorado Entity Renewal Notices from Unofficial Sources
/in Administration Expenses, Administration of Estate, Administration of Trust, Court Procedures, Fiduciary Dutiesby 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, the form is not from the Colorado Secretary of State but is instead from a non-related company. The form does list the specific entity name and address information and looks deceptively official; however, it also specifically states “… is not a government agency and does not have a contract with any governmental agency to provide this service.”
Read moreEthical Issues Surrounding Pro Se Litigants
/in Fiduciary Litigationby 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 a form-based approach by the courts, it is unclear. What is clear is that this variety of “opposing counsel” presents their own specific set of difficulties when running the litigation gauntlet.
Pro se litigants are not represented by counsel and have instead voluntarily taken on the challenge of representing themselves. Their lack of legal experience and training in a highly nuanced and specialized area of law often creates a perfect storm of confusion. You may find a pro se litigant looks to you, opposing counsel, for guidance as they are unfamiliar with the litigation process; however, it is important to remember that your duty is to your client.
Read moreUnderstanding the Child Care Contribution Tax Credit
/in Taxesby 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. Reg. Section 1.170A-1. The proposed regulations would limit the deductibility for federal purposes of charitable donations that qualify for a state or local tax credit like the CCTC. While at a glance the proposed regulations seem to have a negative impact, in reality, for most taxpayers who itemize their federal deductions, the CCTC will remain an effective way to make charitable contributions at a substantially reduced net cost.
The CCTC applies to contributions of cash, (contributions of stock do not qualify) to Colorado institutions that support child care for children under 12 and to certain approved charities. Under prior law, these contributions were deductible as charitable contributions for federal and state income tax purposes. In addition, a taxpayer could credit 50% of the contribution against the taxpayer’s Colorado state income tax liability. These deductions and credits substantially reduced the after -tax cost of such donations to taxpayers. A taxpayer in the 35% federal tax bracket and subject to the 4.63% Colorado state income tax rate could make a charitable contribution of $30,000 for a net out of pocket cost of $8,847.
Read moreInheriting Vehicles – Sample Checklist Before You Go to the DMV
/in Administration of Estate, Court Procedures, Fiduciary Duties, Personal Representativeby 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 through the steps and let the client know all of the information they should have handy; however recently I discovered an awesome checklist from the Denver DMV. While they state that this is specific to Denver County and you should check with the specific county, this is a really good starting point for all Colorado titles. Read more
No-Contest Clause Upheld by the Wyoming Supreme Court With No Probable Cause Exception
/in Administration of Estate, Administration of Trust, Estate Planning, Fiduciary Litigation, Testamentary Intent, Will & Trust Constructionby 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 wants to hold a beneficiary’s assets in trust or restrict or cut off a potential beneficiary’s idea of what they might inherit. In my practice, clients are asking for them much more frequently than when I first began doing estate planning in 1990. This is particularly true with blended families where there may be a greater potential for disagreement among the various beneficiaries or between those who are favored by the plan and those who feel they were wronged by the dispositive terms. Trust and estate litigation is frequently driven by emotion, and many times the beneficiary’s complaints are not rational, thereby leading to protracted litigation and waste of the trust or estate’s assets. This is what the settlor is typically trying to avoid by the use of a co-contest clause. Read more
Litigation Victory
/in Administration of Estate, Administration of Trust, Fiduciary Litigation, Testamentary Intent, Will & Trust Constructionby Carol Warnick
The Holland & Hart Trust and Estate Litigation Group announces a big litigation victory. After a three-day trial, ruling from the bench, the court upheld our trustee client’s interpretation of a trust in defeating a claim that there was a contract to make a trust. In addition, we were able to enforce a no contest clause against the beneficiary bringing the claim and prevailed in enforcing a fee-shifting provision contained in the document. Congratulations to our team of litigators and our Persuasion Strategies consultant who combined to bring home this victory!