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Herb Tucker is a partner in the firm. With over 35 years of experience specializing in estate and trust litigation, Herb is passionate about helping families work through and resolve complex situations that involve inherited property when a loved one dies.
Herb has participated in countless mediations and trials involving wealth transfer from decedents to family members. He has also worked extensively with clients who find themselves in family disputes related to the premortem appointment of a guardian or conservator for a family member.
Herb gets a great deal of satisfaction working with families regarding disputes concerning estates. He takes pride in being a problem solver rather than a problem maker. Approximately 90% of the estate and trust litigation he handles is resolved through the mediation process, avoiding the courtroom if at all possible. Herb is skilled in administering complex estates involving tax controversies with the IRS. He has also successfully tried numerous will and trust contests and contested guardianships and conservatorships cases reported by the Colorado Court of Appeals and Colorado Supreme Court.
Herb was a shareholder with the Denver law firm, Wade, Ash, Woods, Hills and Farley, P.C. for 26 years. He not only specializes in the area of probate and trust litigation, he also frequently serves as a standard of care expert in legal malpractice claims against probate and trust attorneys and fee disputes.
Herb is a member of the Colorado, Douglas County and American Bar Association. He is also actively involved in the Trust and Estate Section of the Colorado Bar Association and has been actively involved as a chair of many subcommittees, including co-chair of the Dead Man’s Statute and Electronic Will Subcommittees.
Herb has lectured both locally and nationally for continuing legal education programs and written numerous articles on probate and trust litigation that appear in the Colorado Lawyer, Counsel Notes, and other legal publications. He also contributes to the Colorado Estate Planning Handbook and has written the section on Will Contest from 2011 to present.
Herb is a fellow in the American College of Trusts and Estates Counsel (ACTEC) and serves on both the fiduciary litigation and elder law subcommittees. He has been selected to 5280 magazine’s Denver Top Lawyers, Best Lawyers in America, and Colorado Super Lawyers since 2005.
Herb was born in Lake Forest, Chicago in 1957. He moved to Colorado in 1964. In 1975 and1976, he played hockey for St. Louis University before transferring to University of Colorado, where he played varsity soccer. He enjoys mountain biking and skiing with his family in the Colorado Rockies.
- Trust & Estate Litigation
- Trust Administration
- Probate & Estate Administration
- Guardianships & Conservatorships
- Expert Witness Services
- Mississippi College, J.D., 1985
- University of Colorado, B.S., 1979
- Colorado
- United States Supreme Court
- United States Court of Appeals for the Tenth Circuit
- United States District Court for the District of Colorado
- Colorado Bar Association
Trust & Estate Section
Elder Law Section - American College of Trust and Estates Counsel
- Co-Author,, Colorado’s New Uniform Electronic Wills Act, Colorado Lawyer, Vol. 51, No. 2, February 2022
- Colorado’s Electronic Wills Act (Part 2), Wade Ash Newsletter, October 2021
- Colorado’s Electronic Wills Act, American College of Trust and Estates Counsel, Fiduciary Litigation Meeting, Summer Virtual Meeting, June 2021
- Colorado’s Electronic Wills Act (Part 1), Wade Ash Newsletter, March 2021
- Confidentiality and Attorney/Client Privilege After Death, Wade Ash Newsletter, December 2020
- Drug Induced Dementia, Wade Ash Newsletter, March 2020
- Pros and Cons of Pre-Death Will Contests, Wade Ash Newsletter, November 2019
- Determining Testamentary Capacity (Part 2), Wade Ash Newsletter, July 2019
- Determining Testamentary Capacity (Part 1), Wade Ash Newsletter, February 2019
- Divorce Initiated by Guardian and Conservator – A New Mechanism for Financial Exploitation of the Elderly?, Wade Ash Newsletter, October 2018
- Supreme Court Imposes Implied Trust Over Multiple Party Accounts, Wade Ash Newsletter, May 2018
- Electronic Wills – Governor Vetoes Florida’s Electronic Will Statute (Part 2), Wade Ash Newsletter, November 2017
- Electronic Wills – Dispensing with Pen and Paper (Part 1), Wade Ash Newsletter, July 2017
- Funky Holographic Wills, Wade Ash Newsletter, July 2016
- Colorado Supreme Court Upholds Privity Doctrine, Wade Ash Newsletter, March 2016
- What You Should Know About Mediation. Wade Ash Newsletter, November 2015
- Back to the Future: How the Legalization of Marijuana Echoes the Prohibition Era, Colorado Lawyer, Vol. 44, No. 9, November 2015
- So You Want to Become a Fiduciary (Part 3), Wade Ash Newsletter, December 2014
- So You Want to Become a Fiduciary, Wade Ash Newsletter, February 2014
- No Contest Clauses, Wade Ash Newsletter, November 2013
- Co-Author, The 2013 Revised Colorado Dead Man’s Statute, Colorado Lawyer, Vol. 42, No 9, September 2013
- Co-Author, Tortious Interference with Inheritance, Colorado Lawyer, Vol. 42, No. 5, May 2013
- Clearing Hurdles of the Dead Man’s Statute, Wade Ash Newsletter, May 2013