Colorado Probate Blog - Wade Ash Woods Hill & Farley, P.C.

“Sound Mind”, “Lucid Intervals” and “Insane Delusions” – What Does It All Mean?

Author and director William “Tim” Burton is quoted as saying, “They say that one person’s insanity is another person’s reality.” Recently, Wade Ash has been involved in several interesting cases involving testators suffering from cognitive impairment when they prepared their Will or Trust. Even persons who are declared mentally incompetent, incapacitated or suffering from various types of mental illness or addiction, may still have sufficient capacity to prepare a Will or Trust. A testator may even lack testamentary capacity, but still have “lucid intervals” enabling them to prepare a Will.

Continue reading
  35 Hits
35 Hits

Serving Time; One Lawyer’s Perspective on Jury Duty

I’m sure that it’s every lawyer’s dream to serve on a jury panel at some point in their lives (read this with a healthy dose of sarcasm). Personally, I’ve always been very curious to see the fact-finding side of a jury trial while the jury is in deliberation. This past August, I ended up as the foreperson in a three-day trial, and came away with some surprising observations and lessons learned.

Continue reading
  405 Hits
405 Hits

Jury Duty: A Lawyer’s Inside Perspective

Jury service is an integral part of our justice system. Most attorneys never get to see the inside of a jury room; this summer, however, I served as foreperson for three days for a felony trial in Denver District Court. I’m looking forward to giving you the inside scoop on what really happens behind those closed doors, from the perspective of a former litigator. Read all about my experience and my perspective in our upcoming Winter Newsletter.

Continue reading
  315 Hits
315 Hits

Jury Duty is No Laughing Matter

As part of our civic obligations, we may all, at some point, be called to serve on a jury. Whether we actually serve for a trial or get excused, jury duty is not to be taken lightly. Recently, Michael Chavis walked out of the courthouse during a break just after opening remarks by prosecutors in the case of Richard Wyatt, a man on trial for selling firearms illegally and evading income tax in connection with a gun shop he owned in Wheat Ridge. According to court documents, Chavis left his juror badge on the table after the break, grabbed his belongings and walked out of the courthouse. Chavis assumed he was done and said that he had “mental reservations” or a “panic attack.” He claimed he “wasn’t focused” when asked about his disappearance by Chief U.S. District Court Judge Marcia Krieger.

Continue reading
  561 Hits
561 Hits

Value of Michael Jackson’s Image

When Michael Jackson died, his estate valued his image and “right of publicity” at zero on his U.S. Estate Tax Return, as well as the value of his music interests due to the large debts encumbering those interests. The IRS disagreed, and argued that the success of the documentary and Cirque du Soleil show released after his death were foreseeable and should affect the value of his estate. The disagreement resulted in a $526 million estate tax deficiency and penalties of $205 million imposed by the IRS. The trial began in Tax Court on February 6, 2017.

  564 Hits
564 Hits