Herbert E Tucker IV
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Cherry Creek Corporate Center
4500 Cherry Creek Dr. S., #600
Denver, Colorado  80246
(303) 322-8943

Herbert E. Tucker, IV

Overview

Herbert E. Tucker, IV, was born in Lake Forest, Illinois. He graduated from the University of Colorado (B.S. 1979) and Mississippi College (J.D. 1985). He is admitted to the U.S. Supreme Court; U.S. District Court, District of Colorado; U.S. Court of Appeals,Tenth Circuit; and Colorado State Courts. Mr. Tucker served as a Law Clerk to Judge Field C. Benton, Denver Probate Court (1985-1986). Mr. Tucker is a Fellow in the American College of Trust and Estate Counsel (ACTEC). He is a member of the Trust & Estate Section of the Colorado Bar Association and serves as Chair of the Probate Trial and Procedure Subcommittee, Chair of the Colorado Dead Man Statute Subcommittee, and as a member of the Statutory Revisions Committee, the Colorado Uniform Trust Code Subcommittee, and the Continuing Legal Education Subcommittee. He is also a member of the El Paso County, Colorado and American Bar Associations. His articles have been published in The Colorado Lawyer, Trust & Estate Section Council Notes of the Colorado Bar Association, and Trial Talk of the Colorado Trial Lawyers Association. Mr. Tucker has lectured at local and national Continuing Legal Education programs, the NAELA Institute, and the third Biennial Conference Advanced Elder Law Institute, University of Denver. Mr. Tucker's practice focuses on the areas of estate and trust litigation, estate and trust administration and as expert witness regarding fees and fiduciary compliance. Mr. Tucker has an AV rating with Martindale-Hubbell, and is also listed in Best Lawyers in America, Colorado Super Lawyers and is a Fellow of the Colorado Bar Foundation. He was recognized in the inaugural 2015:2016 edition of 5280 Magazine as Top Lawyer in Trust & Estates Litigation.

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

Education:
University of Colorado, B.S., 1979
Mississippi College, J.D., 1985

Affiliations

Member:
Fellow American College of Trust and Estate Counsel (ACTEC)
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
El Paso County, Colorado Bar Association
American Bar Association
Fellow Colorado Bar Foundation

Lecturer (Selected):

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

Contested Wills, Continuing Legal Education Seminar, Denver, Colorado, 2015

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

Contested Wills, Continuing Legal Education Seminar, Denver, 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

Will Contests, Continuing Legal Education Seminar, Denver, Colorado, 2009

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 Probate, Pikes Peak Chapter of the Estate Planning Council Meeting, Colorado Springs, Colorado, 2008

Common Law Marriage, 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

Trial of a Will Contest, Continuing Legal Education Seminar, Denver, Colorado, 2006

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 Contested Wills, Overview and Case Law Update, Continuing Legal Education, Denver, Colorado, 2003

Litigating Selected Trust Matters Under the Proposed Colorado Trust Code, Estate Planning Retreat, Steamboat Springs, Colorado, Continuing Legal Education, 2002

Trial of a Will Contest, Continuing Legal Education, Denver, Colorado, 1997, 2003, 2006, 2009, 2012, 2015



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)

 

Recognitions

Fellow, ACTEC (2016)

Best Lawyers in America (2005-2015)

Colorado Super Lawyers (2005-2015)

Fellow Colorado Bar Foundation (2014)

AV Rating (Highest Level)
Martindale-Hubbell