by Carol Warnick The Holland & Hart Trust and Estate Litigation Group announces a big litigation victory. After a three-day trial, ruling from the bench, the court upheld our trustee client’s interpretation of a trust in defeating a claim that there was a contract to make a trust. In addition, we were able to enforce […]
by Lauren A. Morris A mother visits her attorney to discuss her estate plan. She expects that the conversations she has with her attorney will be forever confidential and privileged, particularly when she wishes to guard uncomfortable realities from her family members, such as her desire to disinherit her son. Upon the mother’s death, her […]
by Carol Warnick It is very difficult for a trustee to have conflicts of interest without breaching the duty of loyalty. We typically think of trustee conflicts as they relate to self-dealing by the trustee, which is almost always a problem and for which the beneficiaries can obtain redress. But I have seen more conflicts […]
by Matthew Skotak Fiduciary litigation continues to grow and often times outpaces the development of case law regarding the myriad of issues that arise in estate and trust disputes. Historically fiduciary litigation involved disputing family members or changes in family circumstances. However, another frequent source of litigation is the estate planning documents themselves. For this […]
Holland & Hart LLP welcomes Lauren Morris as a new associate in the Private Client Group. Lauren joins us from Chicago, Illinois, where she previously practiced as an associate in the Trusts and Estates group of Hamilton Thies & Lorch LLP. Her experience includes drafting estate plan documents, developing wealth transfer strategies, administering estates, trusts, […]
Holland & Hart cordially invites you and a guest to a special wine and dessert reception at the 2018 Estate Planning Retreat with your friends from the Trusts and Estates Litigation Group. Guests will indulge in a selection of delectable desserts paired with spectacular wines and other non-alcoholic refreshments. Park Hyatt Beaver Creek Resort & Spa […]
by Matthew Skotak Acting in the best interests of the trust and the trust beneficiaries, a trustee has the duty to protect and preserve trust assets and, generally, to make the assets productive. In making investment decisions and managing trust assets, the trustee must further abide by the “prudent investor rule,” which requires a trustee […]
by Suzanne Coffman The 2018 cost of living adjustment list of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue. It is important for probate practitioners to be aware of these numbers as they relate to the intestate share of a decedent’s surviving spouse, supplemental elective share, […]
by Matthew Skotak The concept of a statute of limitations is easy to understand: a lawsuit has to be commenced within so many years after the complained of act occurred or pursuit of the lawsuit may be forever barred. Where it gets tricky are the exceptions to this rule. For example, if the wrongdoer concealed the wrongful […]