Supreme Court of Colorado

Larry Foiles v. Deanna Whittman

June 28, 20102010 Colo. LEXIS 503

Summary

The court held that Lily Whittman became entitled to an exempt property allowance after surviving her husband by more than 120 hours, and that the right passed to her estate when she later died. Because the governing statute did not limit the allowance to a surviving spouse who remained living when the claim was filed, her personal representative could timely assert the claim. The court therefore affirmed the court of appeals.