Plenty of law firms feature excellent litigators, great fiduciary and probate practitioners, and outstanding tax lawyers.

Few, however, can claim that their lawyers actually practice in all three of these areas, as ours do. Even fewer can match Holland & Hart’s experience at the intersection of fiduciary, probate, and tax law and litigation.

Each lawyer on our Trust & Estate Litigation team has a background in tax, estate planning and administration, and litigation. We approach client issues with sophisticated knowledge of the rules and responsibilities that govern negotiations and outcomes surrounding any dispute. We use this deep understanding to achieve most favorable outcomes for our clients, whether through proactive solutions, mediation, arbitration, or, when necessary, at trial and all the way through the appellate courts.

Trust and Estate Litigation Client Results

  • 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.

  • Obtained emergency suspensions of fiduciaries, including a personal representative who was concealing estate assets and a trustee who failed to adequately account and distribute assets.

  • 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.

  • Assisted a beneficiary in resolving multiple disputes involving complex family wealth transfer plan. The case involved trustees also serving as officers in a family business, multi-state discovery disputes, claims for removal of trustees and surcharge, and claims for division and modification of trusts.

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

  • Defended claims of breach of fiduciary duty and obtained a favorable settlement for an individual fiduciary.

  • Assisted a corporate trustee to obtain a favorable settlement in a difficult trust administration and divorce proceeding, involving claims among the beneficiaries and divorcing parties. The claims included a constructive trust claim, disputes over trust distributions and fiduciary compensation.

  • Prevailed in removing personal representative for breach of fiduciary duty and successfully enforced spousal inheritance rights for disinherited spouse.

Trust and Estate Litigation Publications

Trust and Estate Litigation Speaking Engagements and Events

  • "Digital Assets in Estate Planning," and "Digital Assets in Estate Administration," Colorado Bar Association, Trust and Estate Spring Update, T&E Talks, March 17, 2017
  • "Fourth Annual Fall Symposium: Emerging Trends in Fiduciary Law and Litigation," Holland & Hart, Denver, CO, November 15, 2016
  • "Third Annual Fall Symposium: Emerging Trends in Fiduciary Law and Litigation," Holland & Hart, Denver, CO, September 24, 2015
  • "Second Annual Fall Symposium: Emerging Trends in Fiduciary Law and Litigation," Holland & Hart, Denver, CO, November 6, 2014
BAND 1: Chambers HNW: Private Wealth Law, Colorado

Ranked Band 1 for Private Wealth Law in Colorado by 2018 Chambers High Net Worth (HNW) Guide.  In addition, David Crandall, Laura Dinan, Laura Hundley, and Carol Warnick are listed as notable practitioners.

Named in Worth's "Top 100 Attorneys"

Carol Warnick: named on "Top 100 Attorneys" list by Worth magazine, for trust and estates and other private client practice areas

3 Litigation - Trust & Estates Best Lawyers® 2019

3 Private Client attorneys recognized in 2019 Best Lawyers® in: Litigation - Trust and Estates

Widget Image

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.