Casey Breese is a litigator that focuses his practice on probate, trust, guardianship, conservatorship, and fiduciary litigation matters. Casey’s true passion for the law lies in finding successful results for clients in a manner that is both expedient and cost-effective. Casey approaches each client issue with a pragmatic view to find creative solutions in the hopes that litigation can be avoided. However, he is comfortable in contentious proceedings and taking matters to trial if necessary to achieve the clients’ goal. While Casey has experience representing large corporations, he also enjoys working with individuals and their families to navigate difficult situations in the world of trusts, estates, and elder law.

Prior to focusing his practice on trust and estate litigation, Casey represented a variety of commercial clients in litigation that included oil and gas, real estate, construction defect, corporate law, condemnation, and collections.  Casey primarily practices at the state level but has appeared in federal and bankruptcy court on multiple occasions.

Areas of Focus

Services

Experience

Trust Disputes

  • Successfully obtained a settlement exceeding $1 million for a client who challenged her father’s trust on grounds of undue influence and lack of testamentary capacity.
  • Represented a nonprofit organization facing a challenge to its status as named beneficiary of trust which resulted in dismissal of opposition’s claims and securing distribution to client of entire trust estate exceeding $6 million.
  • Represented numerous clients in pursuit of accountings, inventories and other pertinent information necessary to protect their interests as beneficiaries of family trusts.

Estate Disputes

  • Represented two children of decedent in will contest which resulted in successful invalidation of will on grounds of undue influence and lack of testamentary capacity after a two-day trial and defended judgment at appellate level.
  • Represented client accused of taking excessive compensation as personal representative of family member’s estate which resulted in order from court after two-day trial finding the client’s compensation to be reasonable and awarding her over $90,000.00 in attorney fees for defending against bad faith litigation.
  • Negotiated favorable settlement for client challenging a holographic will that disinherited the client and her siblings in favor of a major university and was executed while decedent was in memory care.

Fiduciary Representation

  • Represented client acting as trustee of family trust and facing claims of breach of fiduciary duty and self-dealing which resulted in successful verdict after one-day trial.
  • Represented client wrongfully removed as trustee of her family trust by her siblings and successfully regained her appointment as trustee and further assisted with trust administration matters, including court approval of 10 years of accountings and the sale of farmland in Kansas exceeding $800,000.
  • Represented numerous professional fiduciaries in all aspects of estate and trust litigation.

Protective Proceedings

  • Represented daughter of protected person who had been subject to over $1 million in financial exploitation and negotiated complex settlement that resulted in the client’s appointment as conservator and prevented further exploitation.
  • Represented a retired attorney whose children had filed for appointment as client’s guardian and conservator and successfully had petitions dismissed before trial.
  • Represented ex-husband in proceeding to remove his ex-wife as co-guardian of adult son with severe developmental disabilities in favor of appointment of professional guardian and subsequently defended removal verdict on appeal and attempts by ex-wife to remove professional guardian.

Pro Bono Matters

  • Secured dismissal for charitable organization of decedent’s family member’s claim that stock certificates and jewelry exceeding $1 million in value were gifted by decedent prior to death.
  • Assisted with representation of family member seeking appointment as guardian of her two minor nieces whose parents had tragically passed away in case involvement international concerns.
  • Represented a professional fiduciary acting as personal representative for insolvent estate in ongoing effort to cull back Estate funds from family members who had stolen funds from Estate while acting as guardian for minor children after their parents’ death.

Credentials

Education

  • Washington University School of Law (J.D., 2016)
    • Excellence in Oral Advocacy Award
    • Journal of Law and Policy, Staff Editor
  • Missouri State University (B.S., Marketing Research, summa cum laude, 2013)

Admissions

Bar Admissions

  • Colorado
  • Missouri
  • Wyoming

Court Admissions

  • U.S. District Court for the District of Colorado
  • U.S. Court of Appeals for the Tenth Circuit

Recognitions

  • Selected among The Best Lawyers in America©, "Ones to Watch," 2022-2026
  • Chambers High Net Worth Guide, "Associates to Watch of Private Wealth Law," 2025

Presentations

  • Co-presenter, "Privacy in the Public Eye: Managing Third-Party Interest in Guardianship Matters," 2025 MoNAELA Winter Elder Law Symposium, December 5, 2025
  • Co-presenter, "Fiduciary Bootcamp: Session 3," Lathrop GPM Webinar, February 26, 2025
  • Co-presenter, "Rabin: An All-Access Pass?" Colorado Bar Association's 44th Annual Estate Planning Retreat, June 14, 2024
  • Co-presenter, "Conservator-Created Wills," 15th Annual Rocky Mountain Regional Elder Law Retreat, August 25, 2023

Publications

  • Co-author, "Colorado," 3 OIL & GAS, NAT. RESOURCES & ENERGY J. 663, September 2017

Professional Activities

  • Colorado Bar Association, Trust & Estates Section and Elder Law Section
  • Denver Bar Association
  • The Missouri Bar