Colorado Code § 15-11-606

Nonademption of specified devises - unpaid proceeds of sale, condemnation, or insurance - sale by conservator or agent
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(1) A specific devisee has a right
to the specifically devised property in the testator's estate at death and:
(a) Any balance of the purchase price, together with any security agreement, owing from
a purchaser to the testator at death by reason of sale of the property;
(b) Any amount of a condemnation award for the taking of the property unpaid at death;
(c) Any proceeds unpaid at death on fire or casualty insurance on or other recovery for
injury to the property;
(d) Property owned by the testator at death and acquired as a result of foreclosure, or
obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;
(e) Real or tangible personal property owned by the testator at death which the testator
acquired as a replacement for specifically devised real or tangible personal property; and
(f) If not covered by any of paragraphs (a) to (e) of this subsection (1), a general
pecuniary devise equal to the value as of its date of disposition of other specifically devised
property disposed of during the testator's lifetime, but only to the extent it is established that
ademption would be inconsistent with the testator's manifested plan of distribution or that at the
time the will was made, the date of disposition, or otherwise, the testator did not intend
ademption of the devise.
(2) If specifically devised property is sold or mortgaged by a conservator or by an agent
acting within the authority of a durable power of attorney for an incapacitated principal, or if a
condemnation award, insurance proceeds, or recovery for injury to the property is paid to a
conservator or to an agent acting within the authority of a durable power of attorney for an
incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to
the net sale price, the amount of the unpaid loan, the condemnation award, the insurance
proceeds, or the recovery.
(3) The right of a specific devisee under subsection (2) of this section is reduced by any
right the devisee has under subsection (1) of this section.
(4) For the purposes of the references in subsection (2) of this section to a conservator,
subsection (2) of this section does not apply if after the sale, mortgage, condemnation, casualty,
or recovery it was adjudicated that the testator's incapacity ceased and the testator survived the
adjudication by one year.
(5) For the purposes of the references in subsection (2) of this section to an agent acting
within the authority of a durable power of attorney for an incapacitated principal, (i)
"Incapacitated principal" means a principal who is an incapacitated person, (ii) no adjudication
of incapacity before death is necessary, and (iii) the acts of an agent within the authority of a
durable power of attorney are presumed to be for an incapacitated principal.

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