FISCHBACH v. HOLZBERLEIN

No. 08CA1536.

215 P.3d 407 (2009)

Carol FISCHBACH and Robert Holzberlein, Plaintiffs-Appellees, v. Timothy HOLZBERLEIN, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

June 11, 2009.


Attorney(s) appearing for the Case

Wills & Adams, LLP, Wm. Andrew Wills, II, John S. Pfeiffer, Colorado Springs, CO, for Plaintiffs-Appellees.

Terry E. Rector, LLC, Terry E. Rector, Colorado Springs, CO, for Defendant-Appellant.


Opinion by Judge CARPARELLI.

Defendant, Timothy Holzberlein, appeals the summary judgment in favor of plaintiffs, Carol Fischbach and Robert Holzberlein. We affirm.

In 2003, Mary Holzberlein (decedent) established a trust and named herself as sole trustee and sole beneficiary during her lifetime. She named her son, Richard Holzberlein, as successor trustee, and named her children, Richard, Timothy, and plaintiffs, as equal beneficiaries upon her death. Decedent...

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