Supreme Court of Colorado
In Re Amanda Vinton, Esq., Petitioner v. Sharon Virzi, Beneficiary; Walter J. Kirkland & Elaine Kirkland Irrevocable…
February 13, 20122012 Colo. LEXIS 92
Summary
The court exercised original jurisdiction and held that the probate court abused its discretion by allowing Virzi to amend her trust-administration challenge to join the trustee's attorney on a fraud claim that could not withstand dismissal. The amended claim failed because Virzi could not plausibly establish reliance on representations about publicly recorded property titles and did not plead fraud with the required particularity. The court also held that the attorney-fee award was unsupported because Vinton received no meaningful opportunity to respond and the probate court made no findings or explanation.