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IN RE ESTATE OF FALLER

No. 01CA0110.

66 P.3d 114 (2002)

In the Matter of the ESTATE OF John G. FALLER, Deceased. Iris L. Fisher, Trustee, Petitioner-Appellee, v. Colorado Department of Health Care Policy and Financing, Respondent-Appellant.

Colorado Court of Appeals, Div. IV.

Certiorari Denied April 14, 2003.

Attorney(s) appearing for the Case

Ridgway, Romeo & Vincent, Richard B. Vincent, Renee Ezer, Louisville, Colorado, for Petitioner-Appellee.

Ken Salazar, Attorney General, Ann Hause, Assistant Attorney General, Denver, Colorado, for Respondent-Appellant.

Opinion by Judge NEY.

The Colorado Department of Health Care Policy and Financing (CDHCP & F) appeals from the Denver Probate Court's order establishing an elective-share trust for the benefit of Ruby Faller, the surviving spouse of the decedent, John G. Faller. We reverse.

In 2000, petitioner, Iris L. Fisher, filed a Petition for Elective-Share and Allowances on surviving spouse's behalf, requesting that any award of assets to the surviving spouse from...

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