Trust and Estate Litigation

Trust and Estate Litigation Client Results

• Prevailed at trial and obtained an award of attorney fees in a family partnership dispute involving the interpretation of a will, partnership agreement, and partnership law.

• Prevailed at trial on nine counts of breach of fiduciary duty against a trustee, which included a complex jurisdictional argument regarding situs of the trust, presentation of over a decade of reconstructed accountings and overcoming a statute of limitations argument. Obtained awards of attorney fees against opposing counsel and the opposing party.

• Prevailed at trial in a dispute involving the interpretation of a will contract by successfully defending claims against a beneficiary for breach of the will contract, unjust enrichment and constructive trust.

• Prevailed on directed verdict at trial on multiple claims and successfully enforced a no-contest clause against will contestant.

• Obtained summary judgment on claims of civil theft and breach of fiduciary duty against a former trustee who stole approximately $1.5 million from the trust—the court entered judgment for approximately $4.5 million (treble damages) and left open the possibility of obtaining additional damages at a hearing.

• Assisted a corporate trustee to obtain a favorable settlement in a difficult estate administration, involving claims among the corporate trustee, the Decedent’s children, and the surviving spouse. The claims included a common law spouse claim, disputes over tangible personal property, fiduciary compensation, and estate tax apportionment.

• Obtained a favorable settlement from the IRS for a personal representative, including over $1 million in abated interest and penalties on overdue estate tax.

• Obtained a multi-million-dollar settlement for a charitable beneficiary of a trust. This complex dispute spanned many years and involved claims of undue influence, lack of capacity, breach of fiduciary duty, removal and surcharge, and the defense of fraud claims. Litigation team obtained successful results at all stages of dispute.

• Holland & Hart successfully represented Joanne Black as appellate counsel in several appeals involving conflict of interest transactions entered into by a fiduciary, civil theft and the probate court’s jurisdiction. See Black v. Black, 422 P.3d 592 (Colo. App. 2018)(cert. denied); Black v. Black, 482 P.3d 460 (Colo. App. 2020)(cert. denied).