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 is comfortable in contentious proceedings, but also ensures he approaches each client issue with a pragmatic view to find creative solutions and reach a desirable resolution. 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

Experience

  • Achieved a successful verdict in a two-day bench trial that invalidated a will based upon grounds of lack of testamentary capacity and undue influence.
  • Obtained a favorable settlement for three sibling clients that faced a challenge from an acquaintance of their sister who falsely claimed to be the decedent’s common law spouse.
  • Represented the son of an elderly man in a hotly contested protected person proceeding that resulted in the client successfully being appointed as his father’s guardian and conservator.
  • Negotiated a complex settlement on behalf of a Trustee that involved the distribution of personal property, retirement accounts, and other money assets and protected Trustee from long-term liability against disgruntled and litigious beneficiaries.
  • Successfully obtained a settlement exceeding $1 million for a client whose father’s trust was challenged based on grounds of undue influence and lack of testamentary capacity.
  • Secured dismissal and an award of attorneys’ fees at the initial pleading phase for a client who acted as conservator for the father of an individual who improperly accused the client of malicious prosecution and elder abuse.
  • Won a bench trial representing a commercial landlord involved in a landlord/tenant dispute.

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," 2022-2025

Presentations

  • 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