Part of the Private Client Group
Holland & Hart, the largest law firm based in the Mountain West Region, offers a range of services in the areas of probate, trust, and fiduciary litigation, as well as provides solutions to fiduciaries with the intent of avoiding future litigation. As part of the firm's Private Client Practice Group, our attorneys have represented trustees, financial institutions, trust companies, beneficiaries, creditors, agents under powers of attorney, and individuals in probate, trust, and fiduciary disputes.
The Fiduciary Solutions team works proactively to try to prevent disputes by working with fiduciaries and beneficiaries before a conflict arises. However, conflicts do occur and our team has extensive experience in solving disputes in mediation or arbitration and at trial. Our attorneys have successfully advised fiduciaries with regard to issues such as unclear language in testamentary documents, handling troublesome beneficiaries, and the appropriate exercise of trustee discretion thereby avoiding threatened litigation. In addition to handling the disputes, we have experience drafting, negotiating, and reviewing settlement agreements, while proactively dealing with the various tax implications of a settlement and reaching the most tax-efficient result for our clients.
Our Fiduciary Solutions team assists clients in preventing, responding to litigation, and defending the following types of disputes prior to court involvement and in mediation, arbitration, hearings, and trials.
Trust Issues
- Reformation of trusts
- Cy pres petitions for charitable trusts
- Amendments to trusts
- Interpretation and construction of ambiguous or conflicting language
- Beneficiaries' requests for information
- Accountings
- Creditor claims
- Petitions for instruction and guidance
Probate and Estate Issues
- Interpretation and construction of ambiguous or conflicting language
- Accountings
- Tax apportionment issues
- Elective share claims
- Omitted spouse and children claims
- Creditor claims
- Petitions for instruction and guidance
- Beneficiaries' requests for information
- Common law marriage
Personal Representative and Trustee Issues
- Compensation of fiduciaries
- Removal of fiduciaries
- Trustee succession
- Surcharge actions
- Breaches of fiduciary duty:
- Investment decisions
- Tax errors and omissions
- Unequal or excessive distributions to beneficiaries
- Failure to make distributions to beneficiaries
Will and Trust Contests
- Lack of mental capacity
- Undue influence
- Inadequate formalities and holographic wills
- Fraud or mistake
- Intentional interference with inheritance claims
- Appeals of probate, estate and trust decisions
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