Strategic Representation In Denver Fiduciary Litigation
Last updated on May 29, 2026
Fiduciary litigation involves legal disputes regarding the actions of individuals entrusted with managing assets or making decisions for others. In Denver, Boulder, Steamboat Springs and across Colorado, these cases often arise from disagreements over trusts or probate estates. At Mahoney Law, LLC, we provide clear guidance for clients who face these complex challenges in the probate system.
Our team serves both individuals alleging a breach of duty and those defending against such serious accusations. As a husband and wife working together, we offer a unique, cohesive approach to every case we accept. We focus on resolving disputes through settlement or mediation first, though we remain prepared to litigate if a fair resolution is not possible.
What Leads To Legal Disputes And Colorado Fiduciary Litigation?
A fiduciary relationship exists when a person is legally bound to act in the best interests of another party. Common fiduciaries include trustees, personal representatives and agents acting under a power of attorney. When a breach of fiduciary duty occurs, litigation often stems from these specific issues:
- Breach of loyalty: Engaging in self-dealing or transactions that benefit the fiduciary over the beneficiary
- Asset mismanagement: Failing to invest prudently or allowing estate property to lose value through neglect
- Lack of transparency: Refusing to provide required accountings or failing to interpret governing documents correctly
- Conflict of interest: Making decisions influenced by personal gain rather than the needs of the beneficiary
To start litigation, a person must have “standing.” This means they have a direct financial or legal interest in the case. Usually, this includes beneficiaries, heirs or co-fiduciaries who are affected by the actions in question.
Colorado courts enforce standing requirements to ensure that only those with a valid stake in a case can participate in private estate proceedings. We analyze your role under Colorado estate law to ensure your voice is heard in the courtroom. We also review the underlying Denver estate planning documents to determine your legal status and what rights you can assert during the process.
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.
Why You Need A Seasoned Colorado Attorney For Your Case
The complexities of Denver fiduciary law require a lawyer who understands the Colorado Probate Code and courtroom procedure. Legal disputes involving family members are often emotionally charged and require a firm, professional hand.
As Denver fiduciary litigation lawyers, we offer the following:
- Extensive litigation experience: We bring 60 years of combined experience to help you resolve high-stakes fiduciary disputes.
- Boutique firm collaboration: We utilize our collective knowledge to build strong cases for both plaintiffs and defendants.
- Trial readiness: While we seek amicable resolutions, we possess the trial skills necessary to fight for your interests in front of a judge.
- In-depth document analysis: We review trust and estate documents to identify errors or points of contention that others might overlook.
As a small estate litigation firm, we take a limited number of cases to ensure you receive personal attention. We discuss cases together even outside the office, providing clients with a collaborative advantage without extra billing.
Kevin S. Mahoney has been selected to the Colorado Super Lawyers list for 18 consecutive years, a record that reflects sustained peer recognition in estate and fiduciary litigation. Andrea N. Mahoney is a 2026 Colorado Super Lawyers selectee in the estate and trust litigation category, an honor that only eight Colorado attorneys earned statewide that year. Andrea N. Mahoney is also a 2026 Top Lawyer honoree in probate litigation in 5280 Magazine, with only six Colorado attorneys earning that recognition statewide.
Protect Your Interests With A Denver Fiduciary Litigation Consultation
Seeking skilled legal counsel is a critical step in protecting your rights, interests and reputation. We provide the seasoned advocacy needed to handle sensitive estate and trust cases. Contact us at 720-502-9856 or through our online form to arrange your consultation today.
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
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Most disputes arise when someone later in life makes a significant change to an estate plan, such as revising a will or trust, executing a deed, or changing beneficiary designations.
Beneficiary designations are particularly problematic today because many can be changed online without witnesses. Someone else could log into an account and make changes without the account holder’s knowledge. These situations often lead to claims of undue influence or lack of testamentary capacity.
See Andrea’s entire interview for the Masters series on ReelLawyers.com.
View Transcript
Yes. Most estate and trust disputes are resolved through mediation, often before a lawsuit is even filed. Many wills and trusts also include provisions requiring mediation or arbitration before litigation.
Mediation typically involves a neutral third party, often a retired judge, and is essentially a structured settlement conference. Participation is voluntary, and no one is bound unless an agreement is reached.
See Kevin’s entire interview for the Masters series on ReelLawyers.com.
View Transcript
Another recognized ground is something called an “insane delusion.” This refers to a false belief that is completely disconnected from reality and contrary to all available evidence, which materially affects how someone disposes of their estate.
For example, we are currently handling a case where a husband executed a will leaving everything to his wife. He had two adult children from a prior marriage. Unfortunately, he was later diagnosed with late-stage cancer and was heavily medicated for pain.
A relative came to town and began telling him that his wife was trying to kill him. He believed it. As a result, he changed his will, disinheriting his wife and leaving everything to his adult children.
One of our arguments for invalidating the later will is that he was suffering from an insane delusion. At trial, we will present testimony from healthcare providers, neighbors, and friends to show that his wife was attentive and caring and that the belief was entirely unfounded.
If the judge accepts that evidence, it would provide a basis for invalidating the later will and upholding the original estate plan.