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IN RE ESTATE OF BEREN

Court of Appeals No. 12CA1912.

2013 COA 166

In re the Estate of Sheldon K. Beren, deceased. Miriam Beren, Plaintiff-Appellee, and Robert M. Goodyear, Jr., in his capacity as Liquidating Trustee of the Beren Estate Residuary Trust and the David I. Beren Subtrust thereof, Garnishee-Appellee, v. David Beren, Defendant-Appellant.

Court of Appeals of Colorado, Division IV.

Announced December 5, 2013.

Attorney(s) appearing for the Case

The Moore Law Firm, P.C., Theresa M. Moore , Denver, Colorado, for Plaintiff-Appellee.

Carver Schwarz McNab Kamper & Forbes, LLC, Peter C. Forbes , Denver, Colorado, for Garnishee-Appellee.

Blain Myhre LLC, Blain D. Myhre , Englewood, Colorado, for Defendant-Appellant.

Opinion by JUDGE WEBB, Bernard and Márquez, JJ., concur.

Opinion by JUDGE WEBB.

¶ 1 This probate appeal involves two unresolved questions in Colorado: first, whether section 15-11-205(4), C.R.S. 2013, of the Colorado Probate Code requires a surviving spouse to bring a separate action for contribution, before serving a writ of garnishment based on the contribution liability, although the probate court order has fixed the contribution liability of a person under that section; and, second, whether trust funds subject...

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