To learn more about how Rocky Mountain Elder Law approaches litigation, tune into our free lunchtime webinar “When Families Fight: Legal Options That Protect Everyone” on Tuesday, February 24th. Register today.
When people think about elder law, estate planning often comes to mind, rather than courtrooms. However, the reality is that when it comes to probate litigation, elder law is often a different angle on family law. Family law involves parents fighting over what happens to their children, but elder law sees children fighting over what happens to their parents.
At Rocky Mountain Elder Law, we do both sides of elder law—estate planning and probate litigation. Whether we’re drafting an estate plan or standing beside you in a courtroom, we bring the full picture into focus. And that makes all the difference when families are in conflict.
Why Combined Estate Planning and Probate Litigation Experience Matter
There are many lawyers who litigate, and many who do estate planning. But fewer who do both well. This combination gives us critical context to draw on.
Because we draft estate plans every day, we immediately see where a plan went wrong, and how to build a stronger, more defensible one moving forward. We know how fiduciaries should behave, what a successful guardianship or conservatorship looks like, and how things are supposed to function when done right. A litigator without a planning background simply can’t diagnose those deeper gaps.
This is one of the few legal fields where planning, family dynamics, healthcare, and the court system naturally intersect. When a dispute arises, we’re walking in with a full understanding of how incapacity, dementia, benefits, and long-term care interact with the legal process. That context often determines the litigation strategy.
The Disputes We Handle and the Options You Have
Most families don’t realize how many options they have when conflict arises. We help clients understand their choices, which might include:
- Removing a fiduciary who’s mismanaging assets
- Freezing contested accounts or property
- Appointing a neutral conservator
- Challenging a will or trust based on undue influence
- Contesting or restructuring a guardianship or conservatorship
Whether it’s probate litigation, a will contest, protecting an elderly person from exploitation, or challenging a fiduciary, we do whatever it takes to get the best result. And sometimes, that best result isn’t a trial at all.
What “Best Result” Can Actually Mean
Winning at all costs is rarely the best outcome for a family. Sometimes the best solution is a mediated agreement, a restructured fiduciary role, or a carefully tailored settlement. Our goal is always the resolution that protects the vulnerable person at the center of the dispute and preserves as much family stability as possible. We’re in it to get the best result for you and your family, because elder law is about more than assets, it’s about people.
Why Emotional Context Matters
Many litigation attorneys focus solely on the legal battle without recognizing how complex and sensitive family dynamics can be. Emotions run high around estate planning and end-of-life issues. The stakes, whether financial, emotional, or relational, are enormous.
In elder law cases, the “facts” are people’s lives. A dispute over a bank account may really be about who cared for a parent during their final years. A disagreement over guardianship may be rooted in longstanding family pain. And a contested house isn’t just property, it’s someone’s family home, full of memories and meaning. Understanding this emotional landscape is critical to achieving the right outcome. We see the whole picture, including the humanity behind the legal issues.
Our Commitment to You
At Rocky Mountain Elder Law, our goal is the same whether we’re drafting a will or fighting for you in court: to protect your wishes, your dignity, and the people you love.
If your family is facing conflict over the care or estate of someone you love, let’s talk. We’ll help you understand your options and find a path forward that honors the relationships that matter most.
To learn more about how Rocky Mountain Elder Law approaches litigation, tune into our free lunchtime webinar “When Families Fight: Legal Options That Protect Everyone” on Tuesday, February 24th. Register today.
