Beren v. Beren

Opinion by

JUDGE WEBB

T 1 This probate appeal involves two unresolved questions in Colorado: first, whether section 15-11-205(4), C.R.S.2013, of the Colorado Probate Code requires a surviving spouse to bring a separate action for contribution, before serving a writ of garnishment based on the contribution liability, although the probate court order has fixed the contribution liability of a person under that seetion; and, second, whether trust funds sub*617ject to a valid spendthrift provision may be garnished by a creditor of the beneficiary onee distribution of those funds becomes mandatory, but…