No. 22-7110

Derek Windell Cole v. Marcie R. McMinimee, as Trustee of the Derek Windell Cole Trust

Lower Court: Colorado
Docketed: 2023-03-27
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights due-process equitable-interest legal-standing marital-property probate standing testamentary-trust trust-beneficiary
Latest Conference: 2023-05-25 (distributed 2 times)
Question Presented (from Petition)

Since In re Marriage of Guinn, 93 P.3d 568 (Colo. App. 2004) was/is (strictly) a "division of marital property " case (governed by "Title 14. Domestic Matters (§§ 14-1- 101 to 14-15-119), Colorado Revised Statutes (C.R.S.) (2022 )") - and this case is a "testamentary trust " case (governed by "Title 15. Probate, Trusts, and Fiduciaries ((§§ 15-1-101 — 15-23-122), C.R.S. (2022) ") - did the Colorado Court of Appeals commit "reversible error " when it applied "division of marital property " law (under Title 14, C.R.S. (2022)) to this case?

Based upon the holdings in NC DEPT. OF REV v. KIM RICEKAESTNER 1992 TRUST [KAESTNER] case, did the Colorado Court of Appeals commit "reversible error " when it applied "division of marital property " law (under Title 14, C.R.S. (2022)) to this case and ruled that "...Cole hasn 't established any constitutional deprivation. He doesn 't have a property interest in the undistributed funds from the trust "?

Based upon the holdings in KAESTNER, what "constitutional rights " do "trust beneficiaries " have in their "equitable interests " in (inherited) "monies " - from ("probated ") "Last Wills and Testaments " - which are held in "testamentary trusts " for the "benefit " of "trust beneficiaries "?

If the Colorado Court of Appeals did not commit "reversible error " in this case, do "trust beneficiaries " have ("legal " and/or "equitable ") "standing " to "protect " their "equitable interests " in (inherited) "monies " - from ("probated ") "Last Wills and Testaments " - which are held in "testamentary trusts " for their "benefit(s) " as "trust beneficiaries "?

Question Presented (AI Summary)

Whether the Colorado Court of Appeals committed reversible error by applying division-of-marital-property law to a testamentary-trust case

Docket Entries

2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-03-27
Motion (22M85) for leave to proceed as a veteran Denied.
2023-03-08
MOTION (22M85) DISTRIBUTED for Conference of 3/24/2023.
2023-02-23
Motion (22M85) for leave to proceed as a veteran filed.
2023-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 26, 2023)
2023-01-20
Application (22A554) granted by Justice Gorsuch extending the time to file until February 23, 2023.
2023-01-14
Application (22A554) to extend further the time from January 24, 2023 to February 23, 2023, submitted to Justice Gorsuch.
2022-12-21
Application (22A554) granted by Justice Gorsuch extending the time to file until January 24, 2023.
2022-12-15
Application (22A554) to extend the time to file a petition for a writ of certiorari from December 25, 2022 to February 23, 2023, submitted to Justice Gorsuch.

Attorneys

Derek Windell Cole
Derek W. Cole — Petitioner