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Estate of McCreath

Colorado Court of Appeals

240 P.3d 413 (2009)

Relevant factsFree

Hazel's trust, naming herself and daughter Charlotte (defendant) as co-trustees, could only be revoked by Hazel signing and delivering a written instrument to the trustees, with all trust decisions otherwise requiring both co-trustees; Hazel alone later executed a quitclaim deed conveying the trust's farm to Charlotte outside the trust, and still later executed a will stating it revoked "all prior wills and trusts" while dividing her estate differently, and after her death the other children (plaintiffs) sued, with the trial court finding neither document revoked the trust.

IssueFree

Whether, if a trust provides an exclusive method for revocation, the trust may be revoked by conduct that does not comply with that method.

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