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In re Estate of Wiltfong

148 P.3d 465 (Col. Ct. App. 2006)

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In re Estate of Wiltfong

Colorado Court of Appeals

148 P.3d 465 (Col. Ct. App. 2006)

Facts

Ronald Wiltfong and Randall Rex (plaintiff) were domestic partners for 20 years until Wiltfong died. Prior to his death, Wiltfong gave Rex a signed letter stating that if Wiltfong died, all of his property should go to Rex. Wiltfong gave Rex the letter in the presence of two other people; however, the two people did not witness Wiltfong sign the letter. After Wiltfong’s death, Rex petitioned the trial court to admit the letter as Wiltfong’s will. The mother of Wiltfong’s nephews (defendant), who stood to be Wiltfong’s heirs, objected. The trial court found that the letter was not a will and that Wiltfong therefore died intestate. Rex appealed.

Rule of Law

Issue

Holding and Reasoning (Bernard, J.)

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