Legal Question in Wills and Trusts in Colorado

Respondent and trustee of trust same under court restrictions?Respodent

Respondent has court sanctions about use of property she is also trustee of trust that contains that property. Will it be a violation of court order if she uses the property as trustee?


Asked on 2/04/01, 6:56 pm

3 Answers from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Respondent and trustee of trust same under court restrictions?Respodent

The same restrictions may apply. You are advised to take no actions until you consult with a qualified trust and estate attorney. If you proceed without counsel, you will be doing so at your own risk.

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Answered on 3/19/01, 9:31 am
Anthony Comparetto Comparetto Law Firm

Re: Respondent and trustee of trust same under court restrictions?Respodent

You should meet A.S.A.P. with an attorney before doing anything further. Sanctions can be severe

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Answered on 3/19/01, 11:14 am
Louise Aron Attorney at Law

Sanctions and fiduciary obligations

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

DTC - 4610 South Ulster, #150

A TOLL FREE NUMBER is available to clients outside the Denver metro area.

web site http://effectnet.com/la/

[email protected]

LawGuru User

Dear LawGuru User:

The court's order regarding sanctions should be read be extremely carefully so that you can be sure that your actions will not violate it in letter or spirit. Violating a court order is called "Contempt of Court," which is a serious offense punishable by fines and jail.

Further, the Colorado Probate Code restricts the use by trustees of property in a trust. A trustee is not permitted to utilize property for his or her own benefit when there is another use which would be more profitable. A trustee is a fiduciary. This means a trustee has a very high level of duty to the Trust's beneficiaries.

If you are uncertain about what the court order or court sanctions mean, you must have the applicable orders reviewed by an attorney.

If the attorney is uncertain about the meaning of the sanctions, a hearing requesting instructions from the court can be held upon notice to interested parties.

Thank you again for using LawGuru.

Sincerely,

Louise Aron

Attorney at Law

web site http://effectnet.com/la/

[email protected]

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Answered on 3/19/01, 12:43 pm


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