s_jud_2016a_2016-03-14t13:30:47z5 Hearing Summary

Date: 03/14/2016

02:38 PM -- SB16-133



Senator Tate, sponsor, presented Senate Bill 16-133, concerning the transfer of property rights upon the death of a person, and, in connection therewith, including inherited individual retirement accounts and inherited Roth individual retirement accounts as property exempt from levy and sale under writ of attachment or writ of execution, clarifying determination-of-heirship proceedings in probate, and enacting portions of the Uniform Power of Appointment Act. He explained the main provisions of the bill.



02:42 PM -- Leia Ursery, representing the Colorado Bar Association, testified in support of the bill. She discussed specific provisions of the bill, and a potential amendment. She responded to questions regarding the bill's provisions.



02:47 PM -- Ms. Ruth Sadler, representing herself, testified in opposition to the bill. She explained her experience with probate matters and fiduciaries. She also discussed an investigation and discipline by the Colorado Bar Association concerning attorney conduct.



02:50 PM -- Mr. Peter Coulter, representing himself, testified in opposition to the bill. He discussed certain means by which assets can be transferred that may involve attorneys or public administrators. Mr. Coulter responded to a question concerning the role of probate in paying creditors of a decedent.



02:56 PM -- Ms. Luanne Fleming, representing Families Against Court Embezzlement Unethical Standards (FACEUS), testified in opposition to the bill. She discussed her family's experience with probate matters.



02:59 PM -- Mr. Robin Austin, representing FACEUS, testified in opposition to the bill. He discussed the role of attorneys and the Colorado Bar Association in probate matters. Mr. Austin further discussed specific provisions of the bill.



03:01 PM -- Ms. Karen Kalavity, representing herself, testified in opposition to the bill. Ms. Kalavity discussed her family's experience in probate matters. She responded to a question about her specific opposition to SB 16-133.



03:08 PM -- Mr. Steve Brainerd, representing the Colorado Bar Association, testified in support of the bill. Mr. Brainerd responded to questions about the purpose of the bill, and probate procedure, generally.





03:13 PM



Senator Cooke distributed amendment L.002 (Attachment I). The committee and Senator Tate discussed the amendment.



16SenateJud0314AttachI.pdf

Senator Cooke distributed, and Senator Tate explained, amendments L.001 (Attachment J) and L.004 (Attachment K).



16SenateJud0314AttachJ.pdf 16SenateJud0314AttachK.pdf

03:17 PM



Senator Tate provided closing remarks on the bill.

03:19 PM



The committee adjourned.