Monthly Archives: February 2018

February 12, 2018

When Beneficiaries are Not Heirs

by Jody H. Hall, Paralegal

The terms Beneficiary and Heir both refer to someone who receives an inheritance after someone passes away.  However, while the terms are often used interchangeably, they do not always refer to the same individual or set of individuals.  Heirs can be beneficiaries but beneficiaries are not always heirs.

In our practice, we often see issues arising when these 2 sets are not identical or are different than the expectations of the parties. Read more >>

February 6, 2018

A Significant Client Victory in the Colorado Court of Appeals

by Morgan Wiener

A joint team of H&H attorneys from our Trusts & Estates Litigation (formerly Fiduciary Solutions) and Commercial Litigation groups, including Christina Gomez, Morgan Wiener, Matthew Skotak, Katie Custer, Steve Masciocchi, and Kevin McAdam recently secured a significant victory for our client, a protected person under a conservatorship, in opinions issued by the Colorado Court of Appeals in two related appeals (16CA198 and 16CA625). At issue was the theft of about $1.5 million of the protected person’s assets by her brother, a tenured law professor at a major university, while serving as her conservator. Using a complicated scheme in which he had undisclosed conflicts of interest, the brother diverted approximately one-third of the protected person’s inheritance to trusts for the benefit of himself and his children. Two years later, after his wrongdoing was discovered and challenged, the Denver Probate Court found that the brother had breached his fiduciary duties and committed civil theft, and it ordered him to repay the stolen funds along with treble damages and attorney fees. Read more >>