Category Archives: Uncategorized

October 20, 2017

You’re Invited! 5th Annual Fiduciary Solutions Symposium

MONDAY, OCTOBER 23, 2017

7:30 – 8:00 a.m. – Breakfast and Registration
8:00 – 10:00 a.m. – Presentation

Grand Hyatt Denver
Capitol Peak A, 555 17th Street, 38th Floor
Denver, CO 80202

ABOUT THE SYMPOSIUM

Every day, the Fiduciary Solutions Practice Group at Holland & Hart addresses legal issues that impact fiduciaries and beneficiaries and litigates issues that arise in those relationships. Working to deal with conflicts arising from the transfer of wealth requires insight and vigilance. Our seasoned group of problem solvers will share their experiences, perspectives, practice tips, and wisdom to arm you with the knowledge to help improve your fiduciary relationships.

Topics will include:

  • What Can Go Wrong with Estate Plans and How to Fix It
  • Trust Modification
  • The Meaning of “Interested Person” in Fiduciary Litigation
  • Tax Considerations for Fiduciaries and their Advisors
  • Notarization and Wills in an Electronic Age
  • Recent Appellate Issues

Holland & Hart Panelists:

2 General CLE Credits Approved

For more information please contact Jennifer Mauk at jamauk@hollandhart.com or 303.295.8349

October 24, 2016

You’re Invited: Fourth Annual Fiduciary Solutions Symposium

Annually, the Fiduciary Solutions Practice Group at Holland & Hart identifies relevant, developing legal issues that impact fiduciary relationships and the litigation that often accompanies conflict and disharmony. Working with the questions and conflicts arising from the transfer of wealth requires insight and vigilance. Our seasoned group of veteran problem solvers will share their experiences, perspectives, practice tips and wisdom to arm you with the knowledge to make the process easier.

Topics will Include:

  • Intersections Between Marital Agreements and Estate Planning
  • Pre- and Post-Death Challenges to Estate Plans
  • Decanting: Is Any Trust Safe From Change?
  • Preserving the Estate Plan
  • Fiduciary Considerations for Living and Dying in a Digital World
  • No Contest Clauses—Risks and Rewards

Agenda: Tuesday, November 15, 2016
7:30 – 8:00 a.m. – Breakfast and Registration
8:00 – 10:00 a.m. – Presentation Read more >>

January 11, 2016

Holland & Hart’s Fiduciary Solutions Practice Pleased to Announce New Partner, New Associate

We are pleased to announce one of the 15 attorneys elected into the firm’s partnership is Rebecca Schroer, who practices in the Fiduciary Solutions group. Her partnership was effective January 1. 

Schroer practices in the firm’s Denver office, effectively assisting clients with trust and estate litigation and administration, as well as estate planning. She represents corporate fiduciaries, individual fiduciaries, heirs, beneficiaries, and creditors in the resolution of probate and trust-related litigation. Schroer, among the other elected partners, is recognized for being “client-focused” and “demonstrat[ing] a level of professional and personal excellence which…epitomizes what a Holland & Hart partner should be.”

We also want to extend a welcome to Matthew Skotak, who joined Holland & Hart’s Denver office as an associate on January 4. He is also a member of the Fiduciary Solutions group. Skotak’s practice will focus on fiduciary litigation, including contested guardianships and conservatorships. 

September 25, 2015

3rd Annual Fall Fiduciary Solutions Symposium

Thank you to each of you who were able to attend our 3rd Annual Fall Fiduciary Solutions Symposium. We hope you share in our sentiment that it was a resounding success, filled with lots of great insight and information that was highly valuable and useful.  As always, it was great to see so many familiar faces among us at this very special annual event.
 
For those of you who were unable to make it, this year’s topics included:

  • What You Should Know About a Probate Court’s Equitable Powers
  • Should Colorado Adopt the Uniform Trust Code?
  • Considerations in Advising Trustees that Hold Entity Interests
  • Can a Trustee Ever Really Rely on the Terms of a Trust?
  • What’s Happening With Digital Assets?
  • Statutes of Limitation: Friend or Foe?
     

We plan to cover an array of similar, and timely topics at next year’s event. We look forward to seeing each of you again at the 2016 Fall Symposium.

July 29, 2013

Fall Symposium: Emerging Trends in Fiduciary Law and Litigation

Holland & Hart's Fiduciary Solutions Practice Group is pleased to present an overview of trends crucial in helping you avoid or litigate legal disputes.

Mark your calendar to join us for an enlightening look at the changing landscape of fiduciary law and litigation. We will discuss a broad range of topics including: managing digital assets; family conflict; migratory clients and changes in situs; alternate dispute resolution; firearms and "gun trusts"; trust modification, reformation, and decanting; assisted reproductive technology; and incapacity.

Tuesday, September 17, 2013
7:30 – 8:00 a.m. – Breakfast and Registration
8:00 – 10:00 a.m. – Presentation

Holland & Hart
555 17th Street, 32nd Floor
Denver, CO 80202
Click here for a map and directions

Click here to register.

Questions? Contact David Marks at dwmarks@hollandhart.com.

Colorado CLE Credit Pending

March 11, 2013

Congratulations!

Congratulations to our attorneys selected as Colorado Super Lawyers or Rising Stars for 2013 in the following areas:

Estate and Trust Litigation:

  • Super Lawyers
    • Kelly Cooper
    • Carol Warnick
  • Rising Star
    • Rebecca Klock Schroer 

Estate Planning and Probate:

  • Super Lawyer
    • David Crandall
    • Laura Hundley
  • Rising Star
    • Chelsea May

January 23, 2013

Fiduciary Lessons from…Lance Armstrong?

by Jean Stewart

Lance Armstrong, the road cycling legend who recovered from testicular cancer to win the grueling 2-week European bicycle race known as the Tour De France seven times has recently been revealed as a failed fiduciary. 

In his two-part interview last week with Oprah Winfrey, Lance reports that among the hardest punishments so far meted out to him, is the decision of his Livestrong Foundation, the cancer research and victim’s support foundation that has raised and distributed millions to cancer causes, to ask him to step down as the Chairman and a member of the Board after the doping evidence piled up against him. 

 Every time we paid $1 for one of those iconic yellow rubber bracelets we were supporting the foundation in Lance’s fiduciary hands.  By all reports, he was a fiduciary in the cycling world alike, as the leader of the several world-class teams he headed over the years.  We invested him with fiduciary powers and his spectacular fall from grace teaches us some simple lessons about assuming positions of trust.   

Some fiduciary lessons from Lance:

  1. If you breach a fiduciary duty, admit it as soon as you can—to yourself and to those who have been harmed or disappointed by your actions;
  2. Take steps to amend your breach promptly; eventually you will be found out and it will look worse and be harder to fix the situation;
  3. Don’t engage in name calling or accusations against those who have tried to bring your breaches to light; they usually get the last word;
  4. Step aside voluntarily from your fiduciary positions if it appears you will be forced to do so by the people you have wronged or by an independent fact-finder; and
  5. Put aside some funds; you will probably need to pay some people back. 

January 14, 2013

A New Blog, the New Year and the New CBA Litigation Subcommittee!

by Kelly Dickson Cooper

As many of you know, the Colorado Bar Association has many wonderful and active subcommittees that provide important services to the legal profession and the public. Building on that great tradition, the Trust & Estate Section and the Elder Law Sections have approved the formation of a joint subcommittee to address litigation issues. The first meeting of the new Litigation Subcommittee is scheduled for January 17, 2013 at 10am at the offices of the Colorado Bar Association, 9th Floor.

The goals for the Litigation Subcommittee will be discussed and developed further at the first meeting, but was proposed with the following aspirations:

  • An opportunity to foster and increase collegiality among practitioners that come from varying areas of expertise and different areas of Colorado
  • A united voice to advocate for the resolution of issues affecting counsel and parties in probate litigation matters
  • Assist in development of best practices and consistent practices throughout Colorado to increase efficiency and certainty in probate litigation matters
  • Work with other subcommittees whose work affects probate litigation matters (Rules & Forms, Statutory Revisions, Alternative Dispute Resolution, Continuing Legal Education, etc.) and provide a viewpoint that is different
  • Continued development and education of members on issues of particular interest to probate litigation practitioners (e.g. creating a bank of district court orders from around Colorado)

We hope you will join us!