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 probate litigation. He is a fellow of American College of Trust and Estate Counsel (ACTEC) and member of the Colorado and Arapahoe County Bar Associations. He 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 probate 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 has been the current revisor/author of Chapter 8, entitled Inter Vivos Trusts, of the Colorado Estate Planning Handbook since 2004.
Walt has spoken to numerous groups and bar associations about estate planning and probate litigtion related issues and has been a presenter at CLE programs in Colorado. 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 contested probate litigation matters. Walt has more than 35 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, Trust and Estate Administration, Probate Llitigation
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
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
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
A Personal Representative's Standing in Estate Litigation, CLE, Denver, Colorado, 2013
Honors and Awards:
Named to The Best Lawyers in America, in the Specialty of Trusts and Estates, every year since 2010
Colorado Superlawyer, every year since 2010
Professional Associations and Memberships:
Colorado Bar Association, Trust & Estate Section Executive Council,
Chair, 2010-2011; Vice Chair, 2009 and 2010; Secretary-Treasurer, 2008-2009
Vice-Chair 2012 - 2013
American College of Trust and Estate Counsel, 2007 - Present
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 - 2010
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/Chief Deputy DA, 1974 - 1979