Herbert E. Tucker, IV

Herbert E. Tucker, IV

Shareholder

(303) 322-8943
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Herb Tucker has over 30 years of experience specializing in estate and trust litigation. He is passionate about helping families work through and resolve complex situations that involve inherited property when a loved one dies. He has participated in countless mediations and trials over the years involving wealth transfer from decedents to family members. Herb has also worked extensively with clients who find themselves in a family dispute related to the pre-mortem appointment of a guardian and/or conservator for a family member.

ACTEC

Overview

PRACTICE AREAS:

  • Estate and Trust Litigation
  • Estate and Trust Administration
  • Pre-Mortem Appointment of Guardians and Conservators
  • Expert Witness
    • Fiduciary Standard of Care
    • Reasonableness of Attorney and Fiduciary Fees
    • Right of a Beneficiary’s Creditor to Reach Trust Property
    • Lawyer’s Standard of Care in a Legal Malpractice Case
    • Disputes Related to Common Law Marriage

EDUCATION:

  • University of Colorado (B.S. 1979)
  • Mississippi College (J.D. 1985)

RECOGNITIONS:

  • 5280 Top Lawyers-Probate Litigation, Denver
  • Best Lawyers in America
  • Colorado Super Lawyers
  • Colorado Bar Foundation, Fellow
  • AV Rating, Martindale-Hubbell

CAREER HIGHLIGHTS:

  • Law Clerk, Denver Probate Court (1985-1986)
  • Articles Published in The Colorado Lawyer, Trust & Estate Section Council Notes of the Colorado Bar Association, and Trial Talk of the Colorado Trial Lawyers Association
  • American College of Trust and Estate Counsel, Fellow

REPORTED CASES:

  • In the Interest of Delluomo v. Cedarblade, 328 P.3d 291 (Colo.App.2014)
  • In Re Estate of Keenan v. Colorado State Bank & Trust, 252 P. 3d 539 (Colo.App.2011)
  • In Re Estate of Schlagel, 89 P.3d 419 (Colo.App.2003), cert. denied (2004)
  • In Re Julius F. Seeman, 841 P.2d 403 (Colo.App.1992)

Affiliations & Presentations

MEMBER:

  • Fellow American College of Trust and Estate Counsel (ACTEC)
    • Fiduciary Litigation Committee, Member
    • Technology in the Practice Committee, Member
  • Colorado Bar Association
    • Trust & Estate Section
      • Chair, Probate Trial and Procedure Subcommittee
      • Chair, Colorado Dead Man Statute Subcommittee
      • Statutory Revisions Committee
      • Colorado Uniform Trust Code Subcommittee
      • Continuing Legal Education Subcommittee
  • Douglas County, Colorado Bar Association
  • American Bar Association
  • Fellow Colorado Bar Foundation

LECTURER (SELECTED):

  • Contested Wills, Chair and Lecturer, Continuing Legal Education Seminar, Denver, Colorado, 1997, 2003, 2006, 2009, 2012, 2015, 2017
  • Wade/Parks: Colorado Law of Wills, Trusts and Fiduciary Administration “Electronic Wills – Dispensing with Pen and Paper”, Continuing Legal Education Seminar, Denver, Colorado, 2017
  • How to Avoid Disqualification of You and Your Firm, Continuing Legal Education Seminar, Annual Trust and Estate Spring Update, Denver, Colorado, 2017
  • Protecting Against Contests – What You Can Do to Minimize the Risk of a Successful Contest of Your Client’s Will, Revocable Trust, and Other Non-Probate Transfers, Estate Planning Retreat, Snowmass, Colorado, 2016
  • Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration - Colorado Dead Man’s Statute, Continuing Legal Education Seminar, Denver, Colorado, 2015
  • Navigating With a Broken Moral Compass: Pushing the Ethical and Moral Boundaries in Will and Trust Provisions, Colorado Bar Association, Trust & Estate Section Estate Planning Retreat ("Estate Planning Retreat"), Steamboat Springs, Colorado, 2014
  • Common Law Marriage in Today’s Changing World, Colorado Women’s Bar Association Convention, Vail, Colorado, 2014
  • Colorado Dead Man’s Statute, Probate Litigation Practicum, Denver, Colorado, 2014
  • How to Defend and Attack Expert Witnesses in Trust and Estate Litigation, Estate Planning Retreat, Breckenridge, Colorado, 2012
  • Probate Litigation Basics, “Case Formulation and Pleadings,” Continuing Legal Education Seminar, Denver, Colorado, 2012
  • Is Your Hand on the Chopping Block? Avoiding Malpractice, Annual Trust and Estate Law Update, Denver, Colorado, 2010
  • Is Your Hand on the Chopping Block? Avoiding Malpractice, Estate Planning Retreat, Vail, Colorado, 2010
  • I Hate to Burst Your Bubble but Your Presumption Disappeared, Presumptions and Inferences Generally and in Probate, Estate Planning Retreat, Snowmass, Colorado, 2009
  • Dead Man Talking - Testamentary Exception to the Attorney-Client and Doctor-Patient Privilege, Continuing Legal Education Seminar, Denver, Colorado, 2008
  • Everything Probate and Estate Lawyers Need to Know About Common Law Marriage in Colorado, Continuing Legal Education Seminar, Denver, Colorado, 2008
  • Common Law Marriage in Colorado, Estate Planning Retreat, Beaver Creek, Colorado, 2007
  • Testamentary Exceptions to the Attorney-Client Privilege and Doctor-Patient Privilege, El Paso County Bar Association Meeting, Colorado Springs, Colorado, 2007
  • Discovery in Will Contests, Estate Planning Retreat, Vail, Colorado, 2006
  • Proposed Changes to the Colorado Dead Man’s Statute, El Paso County Bar Association, Colorado Springs, Colorado, 2006
  • Tort Claims in Probate, Estate Planning Retreat, Telluride, Colorado, 2005
  • What You Need to Know About Privilege Issues Concerning Fiduciaries, Estate Planning Retreat, Santa Fe, New Mexico, Continuing Legal Education, 2004
  • Litigating Selected Trust Matters Under the Proposed Colorado Trust Code, Estate Planning Retreat, Steamboat Springs, Colorado, Continuing Legal Education, 2002


Publications

AUTHOR:

Back to the Future: How the Legalization of Marijuana Echoes the Prohibition Era, Colorado Lawyer, Vol. 44, No. 11, November 2015

The 2013 Revised Colorado Dead Man’s Statute, Colorado Lawyer, Vol. 42., No 9, September 2013

Tortious Interference with Inheritance, Colorado Lawyer, Vol. 42, No. 5, May 2013

Lights, Camera, Action – Video Will Executions, Colorado Lawyer, Vol. 42, No. 1, January 2013

Is Asset Protection Becoming Fertile Ground for Attorney Liability?, The Colorado Bar Association, Trust & Estate Section, Council Notes, September 2010

Compensating Relatives for Caregiving Services, The Colorado Bar Association, Trust & Estate Section, Council Notes, December 2009

The Testamentary Exception to the Attorney-Client and Doctor-Patient Privileges, Colorado Lawyer, Vol. 36, No. 7, July 2007

Dead Men Don’t Lie, Applicability of the State of Mind Hearsay Exception in Probate Litigation, The Colorado Bar Association, Trust & Estate Section, Council Notes, March 2007

Fiduciaries Beware:  Your Secrets Might Not be Safe, The Colorado Bar Association, Trust & Estate Section, Council Notes, December 2004

Will Preparation for Individuals Lacking Testamentary Capacity, Colorado Lawyer, Vol. 33, No. 8, August 2004

Can a Will be Prepared for Someone Who Lacks Testamentary Capacity, The Colorado Bar Association, Trust & Estate Section, Council Notes, March 2004

Holographic and Nonconforming Wills: Dispensing with Formalities I & II, Colorado Lawyer, Vol. 31, No. 12 and Vol. 32, No. 1, December 2002 and January 2003 [cited by Colorado Court of Appeals in Estate of Wiltfong, 143 P.3d 465 (Colo. App. 2006)]

The New Colorado Dead Man’s Statute, Colorado Lawyer, Vol. 31, No. 7, July 2002 [cited by Colorado Court of Appeals in Glover v. Innis, 252 P.3d 1204 (Colo. App. 2011)]

Colorado Dead Man’s Statute: Time for Repeal or Reform?, Colorado Lawyer, Vol 29, No. 1, January 2000 [cited by Colorado Supreme Court in Estate of Breeden, 992 P.2d 1167 (Colo. 2008), cited by Colorado Court of Appeals in Glover v. Innis, 252 P.3d 1204 (Colo. App. 2011)]

Will Contests, Chapter in The Colorado Estate Planning Handbook, Sixth Edition, Published by Colorado Bar Association Continuing Legal Education (2010-2014) and Elder Law in Colorado, Fourth Edition, Published by Colorado Bar Association Continuing Legal Education (2011-2014)


LEGAL EDITOR:

Handbook of Colorado Wrongful Death Law, Gregory R. Giometti, Second Ed. (CLE in Colorado, Inc., Supp. 2006 and 2015)