Divorce at Altitude: A Podcast on Colorado Family Law

Measuring Value in Trust Interests and Expert Witnesses on Trusts with Gerard Deffenbaugh, Esq. | Episode 112

June 23, 2022 Ryan Kalamaya & Amy Goscha
Divorce at Altitude: A Podcast on Colorado Family Law
Measuring Value in Trust Interests and Expert Witnesses on Trusts with Gerard Deffenbaugh, Esq. | Episode 112
Show Notes

Determining the value of an estate during divorce proceedings is incredibly complex, requiring experts to effectively and fairly evaluate such aspects. In the context of divorce, calculating interest from a trust can be particularly challenging. Today’s expert is Gerard Deffenbaugh, whose practice focuses on estate planning/administration, and trust administration. He often serves as the consulting expert in divorce cases where one of the parties has interest in a trust.

Gerard has also co-authored various articles on estate planning and trust interest for divorce proceedings in the Colorado Lawyer and is also involved in different legal education programs. Outside the office, he enjoys hiking, cooking, reading, and spending quality time with family and friends. 

In today’s show, we learn about the role of an estate planning attorney in divorce proceedings, how the opinion of an estate planner can impact a valuation, the different types of trusts that exists, the different contingencies that be can be triggered, how a revocable trust can change, how a discretionary trust works, and much more. 

Key Points From This Episode:

  • The role of an estate planning attorney in divorce proceedings and why it is important.
  • Aspects that need to be considered when determining interest from a trust.
  • How the professional opinion of an estate planner impacts the valuation.
  • What contingencies can affect an evaluation at different points in time.
  • The basics of how a revocable trust works and how it can change.
  • Whether or not a trust is regarded as property within estate planning.
  • Some examples of how a power of appointment can be used for trusts.
  • How power of appointment decisions can impact divorce agreements.
  • We learn how a discretionary trust works and how this impacts divorce agreements.
  • Other aspects of a discretionary trust concerning property interest.
  • The economic circumstance with powers of appointment and discretionary interest in a trust.
  • Trust income in the context of divorce.
  • Gerard shares his professional opinion on the legal definition of economic circumstance.
  • The different triggers and/or contingencies that exist to cater to different estate scenarios.
  • Some scenarios where valuations can become challenging and uncertain to determine.


What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injury, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.