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   State Courts - Colorado - November 20, 2003

  
Shands v. Wm R. Winton, Ltd., Court of Appeals No. 02CA1926, COURT OF APPEALS OF COLORADO, DIVISION TWO, November 20, 2003, Decided
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Overview: A trial court properly awarded a commission to a broker, even though the seller alleged that he did not know of a transaction involving a strawman and that he did not participate in a scheme to circumvent the broker.

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Shirley v. Katz (In re Estate of Klarner), Court of Appeals No. 02CA2077, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 20, 2003, Decided
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Overview: Probate court erred by approving the trustees' apportionment of state estate taxes to the QTIP trust, as there was no statutory basis in Colorado to require the QTIP trust to pay state estate taxes.

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Walter v. Walter (In re Estate of Walter), Court of Appeals No. 02CA1574, COURT OF APPEALS OF COLORADO, DIVISION FIVE, November 20, 2003, Decided
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Overview: Testator unambiguously excluded certain family members from participation in estate; thus, court affirmed the conclusion that even if no devisee survived termination of trust, omitted heirs could not participate by intestacy in distribution of trust.

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Yacht Club II Homeowners Ass'n v. A.C. Excavating, Court of Appeals No. 02CA0645, COURT OF APPEALS OF COLORADO, DIVISION THREE, November 20, 2003, Decided
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Overview: In a construction defect case, summary judgment in subcontractors' favor was improper, as the homeowner association had standing to pursue damage claims on behalf of unit owners with respect to matters affecting their individual units.

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