IN RE ESTATE OF KLARNER

No. 02CA2077.

98 P.3d 892 (2003)

In the Matter of the ESTATE OF Marian P. KLARNER, Deceased-Impartial. Carol Shirley and Linda Turnwall, Appellants, v. Katz, Look & Moison, P.C., Appellee, and Arthur L. Daley and Denis F. Daley, Trustees-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing March 11, 2004.

Certiorari Granted October 4, 2004.


Attorney(s) appearing for the Case

Waller and Mark, P.C., William C. Waller, Jr., Greenwood Village, Colorado, for Appellants.

Katz, Look & Moison, P.C., Michael M. Katz, David J. Tappeiner, for Appellee and Trustees-Appellees.


Opinion by Judge TAUBMAN.

Carol Shirley and Linda Turnwall, beneficiaries of a trust, appeal the probate court's order instructing the trustees to use trust assets to pay state and federal estate taxes and administrative costs. We reverse and remand.

Albert C. Klarner and Marian P. Klarner were married in the State of Colorado. This was the second marriage for both of them, and each of them had two children from their previous marriages. Albert had two daughters...

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