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Herb Tucker

Herb Tucker

Estate & Trust Litigation
Fiduciary Liability
Probate Litigation
Elder Law
Expert Witness
Tax Controversy

Education

  • Mississippi College School of Law, Jackson, MS
  • Juris Doctor Degree - June 1985
  • University of Colorado, Boulder, Colorado
  • B.A. Clinical Psychology - 1979

Admissions

  • Colorado Bar and all Colorado Courts, January 1987
  • U.S. District Court, District of Colorado, September 1989 U.S.
  • U.S. Supreme Court, February 2003

Awards

  • American College of Trust and Estate Counsel (ACTEC), Fellow
  • Named Colorado Super Lawyers 2005 to Present
  • Named Best Lawyers in America 2005 to Present
  • Named as Probate Litigation 5280 Top Lawyers
  • AV Preeminent Rated Lawyer by Martindale-Hubbell
  • Colorado Bar Foundation 2015, Fellow

Professional Associations and Subcommittees

  • 2016 Present: American College of Trust and Estate Counsel (ACTEC), Member of the Fiduciary Litigation Committee and Elder Law Committee. 

  • 2019 Co-Chair of the Electronic Wills Subcommittee, Trust & Estate Section of the Colorado Bar Association. 

  • 2019: Ethics Practice Advisory Subcommittee, Trust & Estate Section of the Colorado Bar Association. 

  • 2018 Uniform Fiduciary Income and Principal Act Subcommittee, Trust & Estate Section of the Colorado Bar Association. 

  • 2017 2021: Directed Trust Act Subcommittee, Trust & Estate Section or the Colorado Bar Association. 

  • 2015-2019: Abandoned Estate Planning Documents Act Subcommittee, Trust & Estate Section of the Colorado Bar Association.

  • 2014- Present: (Chair 2015-2017) Probate Trial and Procedure Subcommittee, Trust & Estate Section of the Colorado Bar Association.

  • 2012 2014: Colorado Trust Code Subcommittee. Trust & Estate Section of the Colorado Bar Association. 

  • 2008-2013: Probate Compensation and Expense Recovery Subcommittee, Trust & Estate Section of the Colorado Bar Association.

  • 2008-2010: Executive Counsel Member. Trust & Estate Section of the Colorado Bar Association.

  • 2008 2009: Fiduciary Oversight Judicial Toolbox Subcommittee, Trust & Estate Section of the Colorado Bar Association. 

  • 1999- Present: Chair of the Colorado Dead Man's Statute Subcommittee, Trust & Estate Section of the Colorado Bar Association. 

Publications

  • Article, Colorado's New Uniform Electronic Wills Act: Colorado Lawyer, Vol. 51, No. 2, February 2022.
  • White Paper, Colorado's Electronic Wills Act: American College of Trust and Estates Counsel - Fiduciary Litigation Meeting materials, Summer Virtual Meeting, June 2021.
  • Article, Back to the Future: How the Legalization of Marijuana Echoes the Prohibition Era: Colorado Lawyer, Vol. 44, No. 9, November 2015.
  • Article, The 2013 Revised Colorado Dead Man's Statute: Colorado Lawyer, Vol. 42. No 9, September 2013.
  • Article, Tortious Interference with Inheritance: Colorado Lawyer, Vol. 42, No. 5, May 2013.
  • Article, Lights, Camera, Action Video Will Executions: Colorado Lawyer, Vol. 42, No. I, January 2013.
  • Article. Is Asset Protection Becoming Fertile Ground for Attorney Liability?: The Colorado Bar Association, Trust & Estate Section, Council Notes, September 2010.
  • Article. The Testamentary Exception to the Attorney Client and Doctor/Patient Privileges: Colorado Lawyer. Vol. 36 No.7. July 2007.
  • Article, Dead Men Don't Lie, Applicability of the State of Mind Hearsay Exception in Probate Litigation: The Colorado Bar Association, Trust & Estate Section. Council Notes, March 2007.
  • Article, Fiduciaries Beware: Your Secrets Might Not Be Safe: The Colorado Bar Association, Trust & Estate Section, Council Notes. December 2004.
  • Article, Will Preparation for Individuals Lacking Testamentary Capacity: Colorado Lawyer, Vol. 33 No. 8, August 2004.
  • Article, Can a Will be Prepared for Someone Who lacks Testamentary Capacity: The Colorado Bar Association, Trust & Estate Section. Council Notes, March 2004.
  • Article, Holographic and Nonconforming Wills: Dispensing with Formalities I & JI: Colorado Lawyer, Vol. 31 No. 12 and Vol. 32, No. I, December2002 & January 2003. (cited by the Colorado Court of Appeals in Estate of Wiltfong. 143 P.3d 465 (Colo. App. 2006)).
  • Article, The New and Improved Colorado Dead Man's Statute: Colorado Lawyer, Vol. 31 No. 7, July 2002, (cited by the Colorado Court of Appeals in Glover v. Innis, 252 P.3d 1204 (Colo. App. 2011) and cited by the Colorado Court of Appeals in Clark v. Estate of Brookoff, 2016 Colo. App. LEXIS 473 (Colo. Ct. App., Apr. 7, 2016) (cert. granted)).
  • Article, The Colorado Dead Man's Statute: Time For Repeal or Reform?: Colorado Lawyer, Vol. 29 No.1, January 2000 (cited by the Colorado Supreme Court in Estate of Breeden, 992 P.2d 1167 (Colo. 2000); Glover v. Innis, 252 P.3d 1204 (Colo. App. 2011 and Estate of Brookoff. Clark, 2016 SC 676 (September 2018)).
  • Article, Ante-Mortem Probate: The Colorado Bar Association, Probate & Trust Section, Council Notes, September 1996.
  • Peer Reviewer, Gregory R. Giometti, Handbook of Colorado Wrongful Death Law. Second Edition, Published by Colorado Bar Association Continuing Legal Education (Supp. 2006 and 2015).
  • Chapter Will Contests in the Colorado Estate Planning Handbook, Sixth Edition, Published by Colorado Bar Association Continuing Legal Education (2010 - present) and Elder Law in Colorado, Fourth Edition, Published by Colorado Bar Association Continuing Legal Education (2011 - present).

Presentations

  • Co-Lecturer at June 13-15, 2024 Estate Planning Retreat, Vail, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Estate and Gift Tactics in a Post TCJ.A. Sunset World; Anatomy of a Tax Examination. 

  • Chair and Co-Lecturer at October 6, 2022 Litigating E-Wills, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Will Contests. 

  • Lecturer at February 24, 2021 Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, E- Wills and Remote Online Notarization: Practical Mechanics for Planners and Probate Practitioners. 

  • Co-Lecturer at June 11 and 12, 2021 Estate Planning Retreat. sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Remote Online Notarization and Forensic Examination of Digital Assets. 

  • Lecturer at August 27, 2020 Elder Law Retreat, Denver, Colorado Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver. Colorado, Remote Notarization. Remote Witnessing and Electronic Wills. 

  • Chair and Lecturer at September 20, 2019 Continuing Legal Education Seminar, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver. Colorado, Contested Wills. 

  • Lecturer at September 24, 2019 Continuing Legal Education Seminar, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc.. Denver, Colorado. Wade/Parks: Colorado Law of Wills, Trusts and Fiduciary Administration Case Law and Statutory Update.

  • Lecturer at June 7, 8 and 9, 2018 Estate Planning Retreat, Beaver Creek, Colorado, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, New Frontiers of Trust Planning from Three Perspectives: Planners, Litigators and Trustees.

  • Lecturer at April 7, 2017 Continuing Legal Education Seminar, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Wade/Parks: Colorado Law of Wills, Trusts and Fiduciary Administration Electronic Wills Dispensing with Pen and Paper. 

  • Lecturer at March 17, 2017 Continuing Legal Education Seminar, Annual Trust and Estate Spring Update. Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, How to Avoid Disqualification of You and Your Firm.

  • Chair and Lecturer at December 14, 2017 Continuing Legal Education Seminar, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Contested Wills.

  • Lecturer at June 9, 10 and 11, 2016 Estate Planning Retreat, Snowmass. Colorado, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Protecting Against Contests What You Can Do to Minimize the Risk of a Successful Contest of Your Clients Will, Revocable Trust. and Other Non-Probate Transfers. 

  • Chair and Lecturer at September 11. 2015 Continuing Legal Education Seminar, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Contested Wills. 

  • Lecturer at July 17, 2015 Continuing Legal Education Seminar, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Wade/Parks: Colorado Law of Wills, Trusts and Fiduciary Administration Colorado Dead Man's Statute. 

  • Lecturer at May 17, 2014 Women's Bar Association Convention, sponsored by the Women's Bar Association, Denver, Colorado, Common Law Marriage in Todays Changing World.

  • Lecturer at April 4, 2014 Probate Litigation Practicum, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver. Colorado Colorado Dead Man's Statute.

  • Lecturer at June 12, 13 and 14. 2014 Estate Planning Retreat, Steamboat Springs, Colorado, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Navigating With a Broken Moral Compass: Pushing the Ethical and Moral Boundaries in Wiil and Trust Provisions. 

  • Lecturer at June 7. 8 and 9, 2012 Estate Planning Retreat, Breckenridge. Colorado, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, How To Defend and Attack Expert Witnesses in Trust and Estate Litigation.

  • Chair and Lecturer at September 21, 2012 Continuing Legal Education Seminar Probate & Trust Section. sponsored by Continuing Legal Education in Colorado, Inc.. Denver, Colorado, Contested Wills.

  • Lecturer at June 16, 17 and 18. 2010 Estate Planning Retreat. Vail. Colorado, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Is Your Hand on the Chopping Block Avoiding Malpractice.

  • Lecturer at June 11. 12 and 13, 2009 Estate Planning Retreat, Snowmass, Colorado, Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, I Hate to Burst Your Bubble but Your Presumption Disappeared, Presumptions and Inferences Generally and in Probate.

  • Lecturer at May 9, 2008 Continuing Legal Education Seminar Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Dead Man Talking Testamentary Exception to the Attorney/Client and Doctor/Patient Privilege.

  • Lecturer at June 14, 15 and 16, 2007 Estate Planning Retreat, Beaver Creek, Colorado Probate & Trust Section, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Common Law Marriage in Colorado. 

  • Lecturer at June 9, 10, and 11, 2005 Estate Planning Retreat, Telluride, Colorado, sponsored by Continuing Legal Education in Colorado, Inc., Denver, Colorado, Tort Claims in Probate. 

Reported Cases

  • In the Interest of Delluomo v. Cedarblade, 328 P.3d 291 (Colo. App. 2014) 

  • In Re Estate of Keenan v. Colorado State Bank & Trust, 252 P.3d 539 (Colo. App. 2011) 

  • In Re Estate of Schlagel,89 P.3d 419 (Colo. App. 2003), cert. denied (2004) 

  • In Re Julius F. Seeman, 841 P.2d 403 (Colo. App.1992) 

Biographical Information

Evans Case, LLP, Colorado’s premier probate litigation and estate planning firm, is pleased to announce Herb Tucker is joining the firm as a partner effective August 12, 2024. This transition marks a significant milestone for Evans Case, and Herb is eager to bring his expertise in estate and trust litigation, estate and trust administration, tax controversy, elder law, expert witness services, and mediation to our firm.

Bringing more than 35 years of experience specializing in estate and trust matters, Herb spent the past 28 years as a shareholder at the Denver law firm Wade, Ash, Woods, Hill & Farley, P.C. His commitment to protecting his client’s interests and achieving the best possible outcomes for their estate and trust matters remains steadfast. Evans Case’s resources and collaborative environment will enhance Herb’s ability to serve his clients effectively.

At Evans Case, Herb’s clients will continue to receive the same high level of service and dedication that they are accustomed to. His experience includes resolving estates involving inherited property and wealth transfers, extensive work with clients in resolving pre-mortem and post-mortem family disputes, and handling other estate issues. In fact, 90 percent of his estate and trust litigation is resolved through mediation, avoiding the high costs of courtroom litigation whenever possible. In addition, Herb has successfully tried numerous will and trust contests and settled tax controversies with the IRS.

As a member of the Colorado Bar Association, Herb is actively involved in the Trust and Estate Section, and his service includes chairing  several subcommittees, publishing articles, and lecturing on numerous probate and trust topics. Additionally, as a Fellow in the American College of Trusts and Estates Counsel (ACTEC), he serves on both the fiduciary litigation and elder law subcommittees. Since 2005, he has been included in the Best Lawyers in America list, Colorado Super Lawyers list, and 5280 magazine’s Denver Top Lawyers.

We are proud to add Herb Tucker as a partner at Evans Case!!

 

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Evans Case is a full-service Denver Law Firm. Comprising of more than eight veteran attorneys, each with a minimum of 25 years of expertise in their field. The deep legal experience and wisdom of our senior attorneys combined with fresh thinking of younger associates ensure the best possible results in each case. Our attorneys understand that the best outcomes are built on thorough understanding, compassion, and respect.
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