Effective Services For Colorado Estate-Related Fraud, Civil Theft And Breach Of Fiduciary Duty Allegations
Last updated on August 31, 2026
A fiduciary duty exists when one person must act in the best interest of another. This role applies to trustees, personal representatives and agents under a power of attorney. At Mahoney Law, LLC, we understand how to hold these individuals accountable under Colorado estate law and ensure they meet their legal obligations.
We offer supportive guidance to clients in Denver, Boulder, Steamboat Springs and throughout Colorado who are facing financial betrayal or mismanagement. As a husband-and-wife team with 60 years of combined experience, we provide a unified front for those in dire need of legal clarity. We analyze your situation in order to seek a resolution through settlement or litigation, when necessary.
Elements Of Breach Of Fiduciary Duty, Fraud And Civil Theft
A breach happens when a fiduciary puts their own interests above the beneficiaries they serve. You must prove the fiduciary relationship existed and that their specific actions caused you financial harm or loss of property.
Common examples include self-dealing, failing to provide accountings or mismanaging investments that belong to the estate. We identify specific violations of Colorado fiduciary duty to build your case, such as:
- Powers of attorney: Fraud occurs when an agent uses their authority to transfer assets to themselves without permission or legal right.
- Trusts: Trustees commit fraud by intentionally concealing material facts about trust property or distributions from the beneficiaries to hide their actions.
- Beneficiary designations: Changing a policy beneficiary through deception, forged documents or undue influence constitutes fraud in Denver estate litigation and voids the transfer.
- Deeds: Fraud involves tricking a property owner into signing a deed transfer they did not intend to make or through false promises.
Meanwhile, civil theft in estate cases involves knowingly taking property to permanently deprive the rightful owner of its use or value. This claim is powerful because it allows victims to seek triple damages and attorney fees under specific Colorado statutes.
How An Attorney Can Help With Your Case
An experienced Denver estate law attorney can protect your inheritance from bad actors by building a solid case based on evidence. We investigate financial records to uncover hidden transactions and prove liability in court while providing clear communication throughout the entire process. As Denver estate and trust litigators, we also do the following:
- We file petitions to freeze disputed assets and prevent further loss to the estate or trust funds.
- We demand formal accountings to track every dollar handled by a trustee or executor to find missing money.
- We litigate strategically to remove dishonest fiduciaries from their positions of power and recover what you lost.
Having two estate litigation attorneys involved in your case allows us to provide the personalized attention of a small firm while fighting for your rights across the state to restore your peace of mind.
Our Work In Action
2025 – After a three-day trial, successfully defended the validity of a Deed and claims for civil theft, breach of fiduciary duty, fraud, and unjust enrichment. Prior to trial, prevailed on a motion to dismiss several claims, which resulted in an award of attorneys’ fees and costs being assessed against the opposing party. After the trial, the judge awarded our client attorneys’ fees and costs a second time for having to respond to what the Court deemed to be a frivolous motion filed by the opposing party during the trial.
2023 – Successfully defended the validity of a beneficiary designation after a 1/2 day hearing.
Contact Our Firm To Book Your Case Consultation
Hiring a lawyer immediately can be vital to recovering stolen property and stopping ongoing fiduciary abuse before assets disappear forever. Prompt action can preserve evidence and help you meet strict Colorado filing deadlines for your claim.
Trust our seasoned team to handle your matter with the care and confidence you deserve in this next chapter. Reach out to Mahoney Law, LLC, today at 720-502-9856 or through our online contact form.