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P.2d 1299 (Colo. App. 1974), rev'd on other grounds, Judkins v. Carpenter, 537 P.2d 737 (Colo. 1975); Gehm v. Brown, <br />245 P.2d 865 (Colo. 1952). The Colorado Jury Instruction provides that if a jury finds by a preponderance of the evidence <br />that the donee was a beneficiary under the Will and that at the time of the preparation or execution of the Will the done <br />was in a confidential or fiduciary relationship with the testator and that the donee was actively involved in some way with <br />the preparation or execution of the Will, the law presumes that the Will was executed under undue influence (emphasis <br />supplied) <br />6. Again, Mr. Powers had been Mrs. Coulter's son in law and attorney since the 1980's. Even Mr. Powers was <br />unaware of the new attorney, [JoAnn Goddard] Power of Attorney and Will until it was produced by Paula Coulter and Ted <br />Coulter in 2012. JoAnn Goddard was an associate of Paula Coulter and the only reason Mrs. Coulter went to see her was <br />because she was escorted there by Ted and Paula Coulter. When Ms. Goddard was asked at her deposition why she let <br />Mrs. Coulter, her fiduciary, sign an unlawful Power of Attorney that took away her rights and freedoms, her continued <br />response was, " {I just wrote down what she told me to write down." Ms. Goddard was not looking after the welfare of Mrs. <br />Coulter, she was looking after the welfare of her associate, Paula Coulter. Additionally, Ms. Goddard failed to follow any of <br />the ethical requirements of attorneys necessitated by a person of Mrs. Coulter's mental capacity [who believed neighbors <br />were coming through her keyhole......] to know what she was executing. And finally, Ms. Goddard personally notarized <br />the documents she created for Mrs. Coulter. <br />7. FRAUD ON THE COURT <br />Peter Coulter believes the Executor Paula Coulter has or will commit a FRAUD ON THE COURT in her submissions [or <br />lack thereof] of inaccurate and false Inventories of assets and documents of Mrs. Coulter. <br />8. Peter Coulter reserves his right to Amend his Objection to Mrs. Coulter's Will signed and dated April 21, 2006 until <br />Ms. Coulter submits an inventory of assets of Mrs. Coulter that were due June 6, 2013 and Discovery has been <br />completed. <br />9. Peter Coulter contemplates and requests a 4 day hearing on these matters subject to Discovery. <br />WHEREFORE, the Movant, Peter Coulter Objects to Will provided by Paula Coulter and Ted Coulter and declare <br />and ORDER said Will null and void, <br />FURTHER, O that Paula and Ted Coulter return in full any assets of Mrs. Coulter received by them as a result of <br />said Will and Powers of Attorney, including but not exclusive of Professional fees, real estate, trusts and personal <br />possessions, <br />FURTHER, exclusion from any involvement and /or disbursement of Irene Coulter's assets. <br />SANCTIONS including costs, fines, damages and Attorney fees from Paula Coulter and Ted Coulter for their <br />behavior in these actions, <br />And for such further relief as the Court deems appropriate. <br />Respectfully submitted this 4th day of September, 2013 <br />/Peter Coulter <br />