Wade Ash offers a wide range of litigation services in the areas of probate, wills, trusts, guardianships and conservatorships, fee disputes and other fiduciary matters.

We litigate cases throughout Colorado, both at the trial court level and the appellate court level.

Our trial attorneys have extensive experience in resolving disputed matters prior to trial using mediation, arbitration, and other methods of alternative dispute resolution. In addition, we are experienced in drafting, negotiating, and reviewing settlement agreements, taking into consideration various tax implications of a settlement in order to obtain tax-efficient results.

Our firm's litigation team represents trustees, financial institutions, trust companies, beneficiaries, charities, creditors, agents under powers of attorney, guardians and conservators, and individuals in probate, trust, and fiduciary disputes.

ESTATE ACTIONS:

  • Petitions for Instruction Regarding Ambiguities and Conflicting Language in Wills and Trusts
  • Forensic Accounting
  • Tax Apportionment Issues
  • Elective Share Claims
  • Omitted Spouse and Children Claims
  • Wrongful Death Claims
  • Creditor Claims

TRUST ACTIONS:

  • Petitions for Instruction and Guidance
  • Creditor Claims
  • Forensic Accounting
  • Interpretation and Construction of Ambiguous or Conflicting Language
  • Amendments
  • Reformations, Modifications and Termination of Trusts
  • Cy Pres Petitions for Charitable Trusts
  • Imposition of Constructive and Resulting Trusts

WILL AND TRUST CONTESTS:

  • Intentional or Tortious Interference with Right to Inherit Claims
  • Fraud or Mistake
  • Holographic Wills
  • Writings Intended as Wills
  • Undue Influence
  • Lack of Mental or Testamentary Capacity

FIDUCIARY LIABILITY:

  • Breach of Fiduciary Duty
  • Investment Decisions
  • Tax Errors and Omissions
  • Unequal or Excessive Distributions to Beneficiaries
  • Conversion of Trust to Unitrust or Adjustment of Trusts
  • Surcharge Actions
  • Trustee Succession
  • Removal of Fiduciaries
  • Compensation to Fiduciaries
  • Defense of Claims Against Personal Representatives and Trustees by Creditors and Other Third Parties

For more information about the Estate Litigation area of law, please visit our Publications page. See also the Will Contest Memorandum.