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IN RE ESTATE OF WILTFONG

No. 05CA1189.

148 P.3d 465 (2006)

In the Matter of the ESTATE OF Ronald WILTFONG, Deceased. Randall Rex, domestic partner of Deceased, beneficiary of propounded will, and proponent of document asserted to be a will pursuant to C.R.S. § 15-11-503, Claimant-Appellant, v. Margaret L. Tovrea, Respondent-Appellee.

Colorado Court of Appeals, Div. I.

October 19, 2006.

Attorney(s) appearing for the Case

Bradley Devitt & Arp, P.C., Jerald J. Devitt, J. Michael Shea, Golden, Colorado, for Claimant-Appellant.

Zak, Fox, & Pehr, P.C., James J. Zak, Westminster, Colorado, for Respondent-Appellee.

Opinion by Judge BERNARD.

In this formal testacy probate proceeding, Randall Rex (proponent), the proponent of a document alleged to be a will, appeals the trial court's order finding decedent, Ronald Wiltfong, died intestate. We reverse and remand for further proceedings.

I. Background

The following facts are undisputed. Proponent and decedent were domestic partners for twenty years until decedent's death. They lived together and intermingled most...

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