Walter M. Kelly II
Walter M. Kelly II
877-659-8932 (Toll Free)
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Walt is a shareholder at Miller & Steiert, P.C. where, since 1996, his practice has been limited to estate planning, trust and estate and administration, preparation of federal and state estate tax returns, probate matters and selected estate litigation. He is a fellow of American College of Trust and Estate Counsel (ACTEC) and member of the American, Colorado and Arapahoe County Bar Associations and is a section member of the Real Property, Trust and Estate Law Section of the ABA; and is the recent past Chair of the Trust and Estate Section of the Colorado Bar Association (2010-2011. He is a past chairman of the Statutory Revisions Committee of the Trust and Estate Section and served as chairman of the Risbry Subcommittee, which addressed the role of a personal representative in estate litigation. He was a member of the Uniform Estate Tax Apportionment Act Subcommittee, which reviewed and recommended adoption of the Act in Colorado.
He authored an article for the Colorado Lawyer entitled, A Personal Representative's Right to Participate in a Will Contest which was published in April 2004. He is the recent revisor/author of Chapter 8, entitled Inter Vivos Trusts of the 2004 - 2011 editions of the Colorado Estate Planning Handbook.
Walt has spoken to numerous groups regarding the topic of estate planning and related issues and has been a presenter at CLE programs in Colorado. He has also presented to the Colorado Springs Probate Bar and the Denver Trust Officers Association. He received his B.A. from the University of Vermont in 1970 and his J.D. from the University of Denver in 1973. He has an AV rating.
Walt has limited his practice to the areas of estate planning, trust and estate administration, and probate matters. His estate planning practice involves both simple and tax-planned estates, using either will-based or trust-based planning tools. His practice includes drafting medical and business powers of attorney, living wills, last wishes documents. He reviews asset ownership and beneficiary designations to coordinate the different elements of an individual's overall estate plan, including an individual's retirement accounts.
His estate administration practice includes handling informal and formal probates, conservatorships, and guardianships. It includes trust administration, the preparation of federal estate tax returns, and selected contested probate litigation matters. Walt has more than 22 years of litigation experience.
Walt believes the essence of good planning is understanding and meeting the client's needs and objectives in an efficient manner.
- Areas of Practice:
- Estate Planning and Trust and Estate Administration
- Bar Admissions:
- Colorado, 1973
- U.S. District Court District of Colorado, 1975
- University of Denver College of Law, Denver, Colorado, 1973
- University of Vermont, Burlington, Vermont, 1970
Major: Political Science
- Published Works:
- A Personal Representative's Right to Participate in a Will Contest, The Colorado Lawyer, Vol. 33, No. 4 at p. 57, April, 2004
- Inter Vivos Trusts, Co. Estate Planning Handbook (Co. Orange Handbook) David K. Johns et.al. ed., CLE Co., Inc., Revised every Supplement since 2004
- Classes/Seminars Taught:
- Joint Trusts (panelist), CLE, Denver, Colorado, 1998
- Challenges to Appt. of the Personal Representative & The Doctrine of Fiduciary Neutrality, CLE, Denver, Colorado, 2003
- A PR's Right to Participate in a Will Contest, Colorado Probate Bar, Colorado Springs, Colorado, 2004
- Corporate Fiduciary's Liability to 3rd Parties, Denver Trust Officers, Denver, Colorado, 2005
- Protecting the Trustee, Colorado CLE (Annual Estate Planning Retreat), Vail, Colorado, 2006
- Honors and Awards:
- Named to The Best Lawyers in America, in the Specialty of Trusts and Estates, every year since 2010
- Colorado Superlawyer, 2010 and 2011
- Professional Associations and Memberships:
- Colorado Bar Association, Trust & Estate Section Executive Council,
- Chair, 2010-2011; Vice Chair, 2009 and 2010; Secretary-Treasurer, 2008-2009
- American College of Trust and Estate Counsel, 2007 - Present
- American Bar Association, Real Property, Trust and Estate Section
- Arapahoe County Bar Association
- Colorado Bar Association
- Statutory Revisions Committee of Trust & Estate Section, CBA
- Member since 1998, Chairman, 2006 - 2007, Co-chairman 2005 - 2006
- Risbry Subcommittee of Statutory Revisions Committee, reviewing the role of personal representation in Estate litigation, 2002 - 2003
- Estate Tax Apportionment Subcommittee of Statutory Revisions Committee, 2004 - present
- Colorado Trust & Estate Council, 2003 - 2005
- Past Employment Positions:
- US West, Inc. & US West Communications, Senior Counsel, 1988 - 1995
- Cogswell and Wehrle, Associate & Partner, 1980 - 1988
- Arapahoe District Attorney's Office, Deputy/Sr. Deputy DA, 1974 - 1979
- Birth Information:
- 1947, White Plains, New York, United States of America