The 2013 Revised Dead Man's Statute

By Herb E. Tucker, Esq.

The revisions to the Colorado Dead Man's Statute went into effect on August 7, 2013 as a result of the General Assembly passing Senate Bill 13-077. The new statute applies retroactively to all pending cases, unless the court determines that it is in the interest of justice that the former statute apply.

Colorado has had a Dead Man's Statute on the books since it was a territory. In 1999, the Colorado Legislature rejected repeal of the statute recognizing, as a matter of public policy, the need for the statute to reduce the risks of false claims against decedents and incapacitated persons at trial. Despite creative arguments by crafty trial lawyers, the 2002 Dead Man's Statute has survived twelve years of judicial scrutiny, with only one published Colorado Court of Appeals case construing the statute. In conjunction with the Elder Law Section, the Trust and Estate Section of the CBA has approved the subcommittee recommendations to refine the 2002 statute to provide greater clarity to both trial lawyers and judges throughout the state. It is the subcommittee's expectation that the new statute will, for many years to come, continue to survive challenge and level the playing field in cases involving decedents or persons incapable of testifying.

For more information on the 2013 changes, contact an attorney at Wade Ash, or see Herb Tucker and Marc Darling's article in the upcoming August, 2013 issue of The Colorado Lawyer.

Civil Unions and Court Forms

By Laurie A. Hunter, Esq.

The Colorado Supreme Court has released updated court JDF forms for dissolution of marriage, child custody and support actions, and other forms involved in family law, to add partners in a civil union, pursuant to the Colorado Civil Union Act that took effect May 1, 2013. The Rules and Forms Committee of the Trust and Estate Section of the CBA is working on suggested changes to the probate JDF forms to add partners in a civil union; Laurie Hunter is the new chair of that committee. In addition, a subcommittee of the Orange Book Committee of the Trust and Estate Section of the CBA is working on a review of all of the Orange Book estate planning forms, for the addition of partners in a civil union. Laurie Hunter is a member of that subcommittee.

Probate Filing Fees Increased

Effective July 1, 2013, the "temporary reduction" in court filing fees ended. The fees have now returned to their pre-January 23, 2012 levels: probate filing fee is $164 instead of $127, and certified copies of Letters are $20.75 each instead of $13. In addition, the fee for filing a Trust Registration Statement is $163 instead of $126.

Marc Darling Named Recipient of R. Sterling Ambler Award

Marc Darling was named the 2013 recipient of the R. Sterling Ambler Award in recognition of his remarkable and devoted service to the Trust & Estate Section of the Colorado Bar Association.