Excluding property passing to the surviving spouse under the federal social security system after the decedent's date of death, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:
(1) The decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;
(2) The decedent's ownership interest in property or accounts held in POD, TOD, or co- ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and
(3) All other property that would have been included in the augmented estate under section 15-11-205 (1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
Source: L. 2014: Entire part R&RE, (HB 14-1322), ch. 296, p. 1226, § 2, effective August 6.
Editor's note: This section is similar to former § 15-11-202 (2)(c) as it existed prior to 2014.
Cross references: For protected persons and protective proceedings, see article 14 of this title.
Notes of Decisions
Cited in
3
cases, 2002–2010 · leading case:
Foiles v. Whittman, 233 P.3d 697 (Colo. 2010).
Foiles v. Whittman, 233 P.3d 697 (Colo. 2010).
· cites it 2× “" § 15-11-206(1), C.R.S. (2009) (emphasis added).”
Fisher v. Colorado Dep't of Health Care Policy & Fin., 66 P.3d 114 (Colo. Ct. App. 2002).
· cites it 14× “See § 15-11-206(@)(c), C.R.8.2001. Petitioner argues that the emphasized language in § 15-11-206(2)(a) was intended by the General Assembly to make elective-share trusts created for incapacitated surviving spouses available to maintain income eligibility for Medicaid benefits.”
In Re Est. of Faller, 66 P.3d 114 (Colo. Ct. App. 2002).
· cites it 15× “The probate court, relying on this affidavit, found that when the General Assembly adopted § 15-11-206, its specific intent was that the "elected amount [put into trust] would be exempt from the Medicaid formula.”
— Colo. Rev. Stat. § 15-11-206(1) — 1 case
Foiles v. Whittman, 233 P.3d 697 (Colo. 2010).
“" § 15-11-206(1), C.R.S. (2009) (emphasis added).”
— Colo. Rev. Stat. § 15-11-206(2) — 2 cases
Fisher v. Colorado Dep't of Health Care Policy & Fin., 66 P.3d 114 (Colo. Ct. App. 2002).
“See § 15-11-206(@)(c), C.R.8.2001. Petitioner argues that the emphasized language in § 15-11-206(2)(a) was intended by the General Assembly to make elective-share trusts created for incapacitated surviving spouses available to maintain income eligibility for Medicaid benefits.”
In Re Est. of Faller, 66 P.3d 114 (Colo. Ct. App. 2002).
“The probate court, relying on this affidavit, found that when the General Assembly adopted § 15-11-206, its specific intent was that the "elected amount [put into trust] would be exempt from the Medicaid formula.”
— Colo. Rev. Stat. § 15-11-206(2)(a) — 2 cases
Fisher v. Colorado Dep't of Health Care Policy & Fin., 66 P.3d 114 (Colo. Ct. App. 2002).
“See § 15-11-206(@)(c), C.R.8.2001. Petitioner argues that the emphasized language in § 15-11-206(2)(a) was intended by the General Assembly to make elective-share trusts created for incapacitated surviving spouses available to maintain income eligibility for Medicaid benefits.”
In Re Est. of Faller, 66 P.3d 114 (Colo. Ct. App. 2002).
“The probate court, relying on this affidavit, found that when the General Assembly adopted § 15-11-206, its specific intent was that the "elected amount [put into trust] would be exempt from the Medicaid formula.”
— Colo. Rev. Stat. § 15-11-206(2)(c) — 2 cases
Fisher v. Colorado Dep't of Health Care Policy & Fin., 66 P.3d 114 (Colo. Ct. App. 2002).
“See § 15-11-206(@)(c), C.R.8.2001. Petitioner argues that the emphasized language in § 15-11-206(2)(a) was intended by the General Assembly to make elective-share trusts created for incapacitated surviving spouses available to maintain income eligibility for Medicaid benefits.”
In Re Est. of Faller, 66 P.3d 114 (Colo. Ct. App. 2002).
“The probate court, relying on this affidavit, found that when the General Assembly adopted § 15-11-206, its specific intent was that the "elected amount [put into trust] would be exempt from the Medicaid formula.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.