Thomas Rodriguez

Will Contests

Represented one child of a decedent in a will contest brought by the decedent's other child after the decedent made a last-minute beneficiary change in his estate plan.

Represented children of a decedent in challenging will execution near their father's death, resulting in the bulk of his estate passing to a second spouse, including the business the sons built with their father. After a two-week jury trial that ended in a hung jury, we successfully represented our clients in a settlement negotiation to retain control of the business.

Trust Disputes

Represented trust beneficiaries in contested trustee removal proceedings, securing emergency removal of trustee and an order freezing the trustee's personal accounts and assets pending development of surcharge claims.

Represented three children challenging their mother's trust on the grounds of undue influence.

Fiduciary Duty Matters

Represented a fiduciary who administered a probate estate and trust, who was later accused of breaching her fiduciary duty by skewing a tax allocation towards her ultimate benefit in distributions, eventually resulting in a dismissal of the action and recovering many of her attorney fees associated with defense thereof.

Represented a professional fiduciary in marshaling complicated intellectual property assets and then defending said assets against a creditor.

Protective Proceedings

Represented a child of an incapacitated person and helped to discover that assets were being misappropriated by an employee for the conservator who negligently managed the estate, resulting in a surcharge.

Represented adult children of an elderly parent with dementia who was being neglected and exploited by another family member in getting protections for the elderly parent and removal of the exploiter.

Represented a professional guardian in furtherance of the guardian's duties to a ward amid significant family conflict over placement at home vs. a facility.

Acted as a Guardian Ad Litem in a matter involving an incapacitated respondent in a guardianship proceeding, making recommendations that were eventually adopted by the court and agreement of the other family members.

Acted as Guardian Ad Litem for minor beneficiaries in the middle of a will contest battle between other family members.

Litigation Avoidance

Ongoing representation of professional and institutional trustees in addressing issues relating to trust administration in order to avoid litigation with beneficiaries before it happens.

Ongoing representation of beneficiaries to work with their trustees to obtain information to which they are entitled in order to avoid litigation.

Reported Cases

In Re: Katherine E. Reece Trust, 541 P.3d 37 (Colo. App. 2023) - Successfully defended a trial court's order affirming that a surviving spouse beneficiary's standard of living for purposes of a professional trustee making distributions should encompass the time period the surviving spouse was separated from the decedent before his death.