Estate of Brenner
Colorado Court of Appeals
547 P.2d 938, 37 Colo. App. 271 (1976)
- Written by Serena Lipski, JD
Facts
Evelyn Brenner and R. Forrest Brenner were a married couple. In 1968 Forrest executed a will devising all his property to Evelyn except property held in trust. Forrest also executed a revocable-trust instrument. Forrest was the trustee and lifetime beneficiary. Forrest had the right to revoke, alter, or amend the trust and the sole power to invest, manage, and control the trust property. The residual beneficiaries were Forrest’s children and niece. An exhibit listed real property as the trust property. Forrest did not have title to the property when the trust instrument was executed, but the property was transferred to R. Forrest Brenner, Trustee for R. Forrest Brenner five days later. Evelyn and Forrest were murdered in 1973, with Forrest predeceasing Evelyn. While administering Forrest’s estate, the probate court determined that Forrest’s trust was valid. The administrator of Evelyn’s estate appealed, arguing that because Forrest did not have title to the real property until after the trust was created, did not maintain trust formalities, and retained power over the trust and property, the trust was invalid, and therefore the property belonged to Forrest’s estate.
Rule of Law
Issue
Holding and Reasoning (Ruland, J.)
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