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Rebecca Klock Schroer

Partner

555 17th Street, Suite 3200, Denver, CO 80202

Rebecca effectively assists clients with trust and estate litigation and administration, as well as estate planning.

Clients depend on her knowledge and experience in these specialized areas to help them achieve favorable results. In addition to over a decade of private practice in the area of trust and estate law, Rebecca brings institutional perspective from her prior experience as a client advisor in wealth management departments at financial institutions.

Rebecca represents corporate fiduciaries, individual fiduciaries, heirs, beneficiaries, and creditors in the resolution of probate and trust-related litigation. This primarily includes disputes involving fiduciary responsibility and liability, interpretation of wills and trusts, distributions to beneficiaries, will and trust contests, fiduciary compensation, spousal rights, and disputes in which fraud, undue influence, and lack of capacity are at issue. Rebecca has extensive trial experience, as well as experience reaching creative resolutions through mediation.

Rebecca also provides advice to fiduciaries and families relating to the transfer and management of wealth. This includes succession planning, charitable planning, family governance and complex estate and trust administration.

Experience

Rebecca has experience assisting her clients with estate and trust litigation as follows:

  • Breach of fiduciary duty
  • Fiduciary removal and appointment proceedings
  • Accounting and surcharge actions
  • Will/trust contests, including lack of capacity and undue influence claims
  • Will and trust interpretation and construction
  • Petitions for instruction
  • Conservatorships
  • Spousal rights, including elective share and common law spouse claims
  • Effect of divorce on estate planning documents and irrevocable trusts
  • Appeals of probate and fiduciary related issues


Rebecca has experience with estate planning and estate/trust administration as follows:

  • Informal and formal probate proceedings
  • Advising corporate and individual fiduciaries in complex trust and estate administration
  • Interpretation of wills and trusts, including discretionary distribution standards and tax apportionment
  • Trust modification, reformation, and termination
  • Fiduciary compensation 
  • Fiduciary accounting
  • Estate and gift tax
  • Preparation of trusts, wills, and other estate planning documents

Client Results

  • Prevailed at trial and obtained an award of attorney fees in a family partnership dispute involving the interpretation of a will, partnership agreement, and partnership law.

  • Prevailed at trial on nine counts of breach of fiduciary duty against a trustee, which included a complex jurisdictional argument regarding situs of the trust, presentation of over a decade of reconstructed accountings and overcoming a statute of limitations argument. Obtained awards of attorney fees against opposing counsel and the opposing party.

  • Prevailed at trial in a dispute involving the interpretation of a will contract by successfully defending claims against a beneficiary for breach of the will contract, unjust enrichment, and constructive trust.

  • Prevailed at trial and obtained a judgment, including pre-judgment interest, in a dispute between siblings involving their parents’ estates by proving unequal distributions through reconstructed accounting.

  • Obtained court-ordered emergency suspensions of fiduciaries, including a personal representative who was concealing estate assets and a trustee who failed to adequately account.

  • Negotiated favorable settlements in cases involving claims of undue influence and lack of capacity, including the resolution of a dispute between siblings, a dispute between a protected person’s financial advisor and his conservators, and a dispute between the Decedent’s children and his significant other.  

  • Assisted a corporate trustee to obtain a favorable settlement in a difficult estate administration, involving claims among the corporate trustee, the Decedent’s children, and the surviving spouse. The claims included a common law spouse claim, disputes over tangible personal property, fiduciary compensation, and estate tax apportionment.

  • Member of the team that obtained court approval of an early termination of a complex trust with over 60 beneficiaries, including approval of the trustee’s purchase of the remaining trust assets, more than two decades of accountings, and cash distributions pursuant to complex formulas in the trust.

  • Member of the team that obtained a favorable settlement from the IRS for a personal representative, including over $1 million in abated interest and penalties on overdue estate tax.

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • Colorado Super Lawyers® Rising Stars, Estate & Trust Litigation, 2013, 2016-2017

Professional and Civic Affiliations

  • Colorado Bar Association, Trust and Estate Section, Member
  • Wyoming Bar Association, Member
  • Utah Bar Association, Member
  • Rocky Mountain Estate Planning Council, Member
  • Denver Estate Planning Council, Member
  • Colorado Women’s Bar Association, Member
  • Hunger Free Colorado, Past Board Member
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