Dedicated Representation In Denver Probate, Estate And Trust Litigation
Last updated on May 29, 2026
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
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I represented a client who lived out of state while his brother lived with their mother. The mother initially executed a trust leaving assets equally to both sons. Less than a year later, she amended the trust to completely disinherit my client.
We attempted mediation, but the brother was unreasonable, so we proceeded to trial. We successfully proved undue influence, even though an attorney had drafted the amended trust. We won at trial, then successfully defended the judgment on appeal. A request for rehearing was denied, and the state supreme court declined review.
Although it was unfortunate that the case required litigation, my client was extremely pleased with the outcome.
See Kevin’s entire interview for the Masters series on ReelLawyers.com.
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We had a client come to us about a week before trial after she became unhappy with her prior attorney. That presented an immediate challenge, given the timing, but we wanted to help her.
Our first step was entering an appearance and successfully requesting that the trial be postponed. The judge moved the trial date out six to eight months, which allowed us to conduct discovery, take depositions, and fully prepare the case.
Before trial, we filed a motion to dismiss several claims brought against our client. Not only was the motion granted, but the judge also awarded attorney’s fees against the opposing party. The case then went to trial, and we prevailed on all claims.
After trial, the opposing party filed a post-trial motion. I opposed it, arguing that it was frivolous. The judge agreed and awarded attorney’s fees against the opposing party for a second time. The case is now on appeal, and if we prevail, there is a possibility of a third award of attorney’s fees.
This case stands out because the client came to us at the last minute, we had to pivot quickly, and the outcome included two—and potentially three—attorney’s fee awards. That is extremely rare. Neither Andrea nor I have ever had attorney’s fees awarded against our clients, but in this case, the opposing side faced multiple sanctions.
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
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We begin by assessing the situation and identifying the key issues. If another attorney is involved, we contact them directly. If not, we typically reach out to the opposing party, who usually retains counsel shortly thereafter.
In many cases, we are able to resolve disputes without filing a lawsuit, sometimes through mediation and sometimes through direct negotiation. Mediation may occur virtually and involves a neutral third party assisting the parties in reaching agreement.
Resolving disputes early can save clients tens of thousands of dollars. While we are fully prepared to litigate when necessary, our goal is always to resolve matters efficiently and cost-effectively whenever possible.
See Kevin’s entire interview for the Masters series on ReelLawyers.com.
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Yes. One important rule is known as the “Dead Man’s Statute.” Despite its ominous name, it is a rule of evidence designed to prevent fraud. It prohibits a person with a financial interest in the outcome of a case from testifying about statements allegedly made by the decedent, such as claiming the decedent said they wanted to leave everything to them.
The purpose of the rule is to prevent uncorroborated, self-serving testimony. There are exceptions, however. The most common is when testimony is supported by neutral, trustworthy evidence.
For example, we tried a case involving a dispute over a decedent’s home. We represented the daughter, while the opposing party was a grandson claiming entitlement to the property. We could not simply put our client on the stand to testify that her mother told her she wanted her to have the house, because that testimony would have been barred.
Instead, we called three neutral witnesses—friends and neighbors—who testified that the decedent repeatedly expressed her intent for her daughter to inherit the home and had taken steps to make that happen. In that situation, the judge allowed the testimony, and we were able to overcome the Dead Man’s Statute.
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
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Yes. Probate courts are courts of equity, which gives judges some flexibility in their rulings. A court may reform a will if there is clear and convincing evidence of the testator’s true intent.
For example, I successfully reformed a will where a woman left her estate to her husband’s nieces and nephew and later divorced her husband. Under the law, divorce would normally disqualify those beneficiaries. However, we were able to prove that the decedent intended those individuals—whom she specifically named and remained close to—to inherit her estate. As a result, the court reformed the will and allowed my clients to inherit.
There are other scenarios as well, including cases involving handwritten wills or later handwritten documents that may be considered together to uphold the testator’s intent.
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
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As the population ages, particularly with baby boomers entering later life, we are seeing a significant increase in estate and trust litigation. This phenomenon is often referred to as the “silver tsunami.”
Late-in-life changes to estate plans make individuals more vulnerable to undue influence, which frequently leads to disputes. People are also more informed and more willing to consult attorneys when something does not seem right.
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
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The most common grounds for contesting a will, trust, deed, or beneficiary designation are undue influence and lack of capacity.
Undue influence occurs when someone causes another person to do something they would not otherwise have done. We examine the alleged influencer’s involvement, including whether they participated in drafting meetings or were present at execution.
Testamentary capacity is a relatively low standard. The person must understand who their beneficiaries are, what assets they own, and the nature of those relationships. Undue influence is the most common basis for contests and the one we see—and prevail on—most often.
Estate and trust litigation involves legal disputes over the distribution and management of an individual’s assets after their death. Our Colorado estate law firm handles complex cases involving wills, trusts and fiduciary duties throughout the state of Colorado. We focus on protecting your inheritance and honoring the true intentions of your loved ones.
As a dedicated husband-and-wife team at Mahoney Law, LLC, we provide compassionate and strong representation for families in Denver, Boulder, Steamboat Springs and throughout Colorado. We have 60 years of combined experience handling sensitive inheritance disputes. When you trust us with your case, we first seek to resolve the dispute through settlement before moving toward trial.
Understanding Colorado Probate, Estate And Trust Litigation
Estate and trust litigation is the formal legal process used to resolve disputes regarding a decedent’s property or final wishes. This area of law covers everything from challenging a fraudulent will to holding a trustee accountable for mismanagement.
These legal actions involve several complex components:
- Will contests involving the formal validity of the document
- Trust disputes regarding the interpretation of specific distribution language
- Breach of fiduciary duty claims against personal representatives or trustees
- Accounting actions to verify the accuracy of estate financial records
Our team analyzes these components to determine the most effective strategy for your specific inheritance dispute. We focus on uncovering the truth behind document execution and financial management to protect your interests.
When Is Litigation Necessary For Your Colorado Estate Case?
Litigation becomes necessary when an interested party identifies a legal defect or disagreement that informal talks cannot resolve. We step in when family members or beneficiaries face unfair treatment during the probate process.
Commonly disputed issues include:
- Mental incapacity: Claims the decedent lacked the sound mind required by law
- Undue influence: Situations where a bad actor coerced the decedent’s choices
- Fiduciary misconduct: When a trustee steals assets or fails to provide an accounting
- Omitted heirs: Rights of spouses or children unintentionally left out of plans
- Invalid execution: Challenges involving forgery or a lack of proper witnesses
We represent clients in Denver estate litigation to ensure the court hears their voice and protects their rights. Our team analyzes every detail to determine if a trial is the most effective path for your specific goals.
Our Work In Action
2026 – The opposing party refused to produce two key witnesses for depositions, claiming that their testimony would be privileged. Mahoney Law prevailed on a motion to compel the opposing party to make these witnesses available for depositions, and the Court sanctioned the opposing party by awarding our client his attorneys’ fees and costs associated with filing the motion.
2026 – After winning a trial to invalidate a trust due to undue influence, and prevailing at the Colorado Court of Appeals, we succeeded in front of the Colorado Supreme Court in having the opposing party’s petition for writ of certiorari denied. The Colorado Supreme Court denied the petition after full briefing. Our attorneys handled the entire case at the trial court, Colorado Court of Appeals, and Colorado Supreme Court.
How Our Denver Estate Litigation Attorneys Protect Your Interests
As Denver estate planning lawyers in addition to trial attorneys, we can provide both the technical knowledge and the trial experience to probate court. We investigate the facts, gather medical evidence and depose witnesses to build a strong case for you.
We help our clients by:
- Evaluating the validity of legal documents under the Colorado Probate Code and relevant case law
- Negotiating settlements to avoid the high cost of prolonged courtroom battles
- Filing petitions for the removal of dishonest or incompetent fiduciaries
- Defending honest executors against meritless claims from disgruntled relatives
Our small firm size ensures that both partners work directly on your Denver trust litigation case. You receive the benefit of two experienced litigators who understand your family’s unique situation and goals.
Kevin S. Mahoney is a Colorado Super Lawyers honoree for 18 consecutive years, earning selection in the estate and trust litigation category each year across nearly two decades of practice. Andrea N. Mahoney is a 2026 Colorado Super Lawyers selectee in that same category, placing them among only eight Colorado attorneys to earn that distinction in 2026. Andrea Mahoney is also 5280 Magazine’s Top Lawyer honoree in probate litigation for the year 2026, with only six Colorado attorneys earning that honor statewide.
Take Decisive Action On Your Estate Case Today
Hiring an attorney is vital to ensure you do not lose your inheritance to mismanagement or fraud. You must take immediate action because Colorado law imposes strict deadlines for filing estate and trust challenges. Please reach out to our estate law firm at 720-502-9856 or through our online contact form to schedule your consultation.
Frequently Asked Questions About Probate And Estate Litigation
What to do if you do not want your parent/loved one to disinherit you?
Spend time with and regularly communicate with your parents/loved ones. Everyone is busy living their lives, etc., but your elderly loved one needs and wants your companionship now more than ever.
How to make sure an estate plan is not the product of undue influence?
The person(s) who are going to be favored in the revised estate plan should have no involvement in the preparation and/or execution of the estate plan, and an estate and trust attorney should be hired by the person making the estate plan to prepare the estate plan. The absence of a qualified attorney’s involvement in the preparation and execution of the estate plan is a crucial factor in determining whether there is undue influence.
Also, if someone wants to change their estate plan, it should not be done shortly before that person passes away. If the elderly person wants to change a beneficiary designation, they should not do it online and should do it in the presence of their financial adviser or at the bank/financial institution holding the account(s) in front of one of the institution’s employees and with zero involvement of a person benefiting from such designation.
Is probate in Colorado expensive/difficult?
No, unlike some other states, probate in Colorado is relatively simple and inexpensive.
What makes Mahoney Law, LLC, different from other firms?
We are a small firm of only two attorneys (a husband and wife team). We limit the number of cases that we take, and we will always know what is going on with every detail of your case. You are not just a number to us. We do our best in every case to get a good result in the most economical way for our clients. This means trying to settle the dispute early, which often involves going to mediation.
What trends do you see in estate and trust litigation?
Our country is growing older, so more people are dying, which is resulting in more litigation to contest the validity of wills, trusts, beneficiary designations and deeds.
How can I contest the validity of a will or trust?
You should hire an attorney who specializes in estate and trust litigation, and that attorney will guide you through the process. Estate and trust litigation is a specialized area of the law, and if you choose to consult with an attorney, you should consult with someone who specializes in this area.
Are there any alternatives to litigation, such as mediation or arbitration, that can help resolve estate disputes?
Yes. We often resolve estate disputes in mediation (settlement conference), and sometimes we resolve these matters without needing to file a lawsuit.
Is there a way to change the will if you think that there is evidence to show that the will does not reflect the true intentions of the decedent?
Yes, in some cases, we can ask the court to reform a decedent’s will to comply with the decedent’s clear intent.
What types of assets are subject to probate?
Assets that are titled solely in the decedent’s name – no co-owner and no beneficiary.
How does having a will affect the probate process?
A will is the decedent’s last effort to transfer property and only takes effect if there are assets solely in the decedent’s name at death (no co-owner or designated beneficiary).
What types of assets can pass without probate?
Assets that have a co-owner (e.g., home or real property in joint tenancy), have a beneficiary designation (e.g., retirement accounts, bank accounts), or are owned by a trust or business entity.
Get In Contact With Our Trusted Denver Estate Litigation Lawyers
If you have a question or concern, reach out to our experienced litigation attorneys as soon as possible. You can call 720-502-9856 or contact us online.