Profile
David W. Kirch has practiced law for 35 years in the areas of estate planning and probate and trust administration. He received his B.A. degree from California Lutheran College in 1968 and his J.D. degree, summa cum laude, from the University of Colorado in 1973 (Order of the Coif). Mr. Kirch has written numerous articles appearing in publications such as The Colorado Lawyer, the Journal of Financial Planning, and Trusts & Estates Magazine. Mr. Kirch is past chairman of the Trust & Estate Section of the Colorado Bar Association, a fellow of the American College of Trust and Estate Counsel, and column editor of the "Estate and Trust Forum" in The Colorado Lawyer. He has lectured on trusts and estates at the University of Denver College of Law.
About David Kirch
Admitted: 1974, Colorado
Professional Webpage: dwkpc.net/our-team/david-w-kirch-attorney
Honors and Awards: Awarded AV rating by Martindale‑Hubbell; Named one of Denver's top lawyers by 5280 Magazine under Trusts and Estates Category, 2001, 2006, 2007, 2008 and 2009; Fellow of American College of Trust and Estate Counsel; Lecturer in Law at University of Denver Law School for 1987‑1990 in Estates and Trusts; Listed in the Martindale - Hubbell Bar Register of Preeminent Lawyers, designated as outstanding in the field of Probate and Estate Planning Law; Listed in The Best Lawyers in America, in the field of Trusts and Estates; Attended the Heckerling Institute on Estate Planning at the University of Miami School of Law for several years
Bar/Professional Activity: Trusts and Estates Section liason with the Real Estate Section of the Colorado Bar Association 2009-Present; Column Editor of the Estate and Trust Forum for The Colorado Lawyer, 1998-Present; Chairman of Probate and Trust Law Section of Colorado Bar Association, 1994-1995; Secretary-Treasurer of Probate and Trust Law Section of Colorado Bar Association, 1991-1992; Member of Colorado Bar Association Probate Council from October 1986 to June 1988; Chairman of the Legislative Committee of the Community Association Institute, Rocky Mountain Chapter, 1987 - 1990; Chairman of Statutory Revisions Committee of Probate and Trust Law Section of Colorado Bar Association, 1988-1990 (Member since 1984); Chairman of Committee drafting and seeking enactment of the Colorado Common Interest Ownership Act in Colorado, 1988-1991 (which legislation was enacted in 1991); Co-Chairman of Model Will and Trust Forms Committee of Probate and Trust Law Section of Colorado Bar Association, 1989-1992; Member of Denver, Colorado and American Bar Associations; Member of Probate and Trust Law Section of Colorado Bar Association; Member of Real Property, Probate and Trust Law Section of American Bar Association; Attended Annual ALI‑ABA Estate Planning in Depth Program at the University of Wisconsin Law School in June 1981
Scholarly Lectures and Writings: Articles: Constructive Trusts, 146, No. 7, TRUSTS & ESTATES, 50 (2007); Co-author, with David S. Anderson and Lindsey K. Warren, Claims Against an Estate for Care Rendered to a Decedent, 33, COLO. LAW. 93 (2004); The Imposition of Constructive Trusts and Other Concepts at Probate - Part II, 28, COLO. LAW. 49 (1999); The Imposition of Constructive Trusts and Other Concepts at Probate - Part I, 27, COLO. LAW. 41 (1998); Avoiding Appreciation in Trust Assets Being Treated as Marital Property, 27 COLO. LAW. 57 (1998); Are You and Your Clients on the Same Estate Planning Path?, 7 JOURNAL OF FINANCIAL PLANNING 62 (1994); Co-author, with Lynn S. Jordan, Jerry C. M. Orten, Gary H. Tobey and James L. Winokur, The Colorado Common Interest Ownership Act, 21 COLO. LAW. 645 (1992). Lectures: "The Probate Process From Start to Finish for Paralegals," Institute for Paralegal Education, June 2008; "Estate Administration Procedures: Why Each Step Is Important," National Business Institute, June 2008; "Advanced Estate Administration," Presentation on some of the most current and critical issues involved in estate and trust administration. Co-sponsored by the Trust and Estate Section of the Colorado Bar Association, April 2008; "Understanding Estate, Gift and Fiduciary Income Tax Returns 2007: Strategies for Maximum Advantage with the "706", "709", "1040", and "1041"," Presentation on "Basis Planning Issues Under Changing Tax Laws," sponsored by the Practicing Law Institute, December 2007; "The 17th Annual Estate Planning with the Masters," Presentation on the use of constructive trusts to remedy improper transfers of assets, sponsored by the Illinois Institute for Continuing Legal Education, November 2007; "Beyond Will Contests: Pre-Death Theft, Confidential Relationships and Non-Probate Diversion of Assets and What to Do to Remedy Them," Presentation on the use of constructive trusts to remedy improper transfers of assets, Sponsored by the American College of Trust and Estate Counsel (ACTEC), March 2007; "The Probate Process From Start to Finish," Co-sponsored by the Trust and Estate Section of the Colorado Bar Association and the National Business Institute, December 2006, December 2007; "Estate Administration Basic Skills," Presentation on "Ethics and Advising the Fiduciary," Co-sponsored by the Trust and Estate Section of the Colorado Bar Association and the Colorado Bar Association Continuing Legal Education, March 2005; "Trust and Estate Ethics," sponsored by Continuing Legal Education of Colorado, Inc. December 2004; "Understanding Estate, Gift and Fiduciary Income Tax Returns 2004"Strategies for Maximum Advantage with the "706", "709", "1040" & "1041"," Presentation on "Basis Planning Issues Under the New Tax Laws" sponsored by the Practicing Law Institute, 2004; "Litigating Contested Wills," Presentation on "Joint Tenancy and Other Donative Transfers," Co-sponsored by the Trust and Estate Section of the Colorado Bar Association and the Colorado Bar Association Continuing Legal Education, September 2003; "Estate Administration: Basic Skills," Presentation on "Ethics and Advising the Fiduciary," Co-sponsored by the Trust and Estate Section of the Colorado Bar Association and the Colorado Bar Association Continuing Legal Education, 2003; "Basic Probate Procedures and Practice in Colorado," sponsored by National Business Institute, Inc., 2000, 2001, 2002 and 2003; Continuing Legal Education Estate Planning Retreat. Presentation on Resolving Commonly Encountered Ethical Issues in Estate Planning and Administration, 2000; "Medicaid and Medicaid Planning in Colorado," sponsored by Medical Educational Services, Inc. Presentation on Basic Medicaid Planning and Planning for Residences, 1998 and 1999; "Advanced Issues in Probate for the Paralegal in Colorado," sponsored by National Business Institute, Inc., 1997 and 1999; The 17th Biennial Program Advanced Estate Planning Symposium, sponsored by Institute for Advanced Legal Studies, University of Denver College of Law. Presentation on Recovery of Non-Probate Assets Through the Use of Constructive Trusts and Other Concepts, 1997; The Colorado Society of Certified Public Accountants 1993 Elder Care Conference. Presentation on "The Graying of America," 1993; "CIOA is Coming!," sponsored by Continuing Legal Education of Colorado, Inc. Presentation on Overview of the Colorado Common Interest Ownership Act (CIOA), 1992; "Estate Planning and Probate in Colorado," sponsored by National Business Institute, Inc. ; Presentation on Probate Procedures and Administration, 1990; "Legislative Alert!," sponsored by Continuing Legal Education in Colorado, Inc., 1989; "Principles of Estate Administration and Taxation," sponsored by Continuing Legal Education of Colorado, Inc., 1989; "Basic Probate in Colorado," sponsored by National Business Institute, Inc.; Presentation on Probate Procedures, 1989-1990; "Sophisticated Trusts: Emphasis on Drafting," sponsored by Continuing Legal Education of Colorado, Inc.; Presentation on Trusts for Minors and Qualified Subchapter S Trusts, 1988; Faculty Member of the Following: Continuing Legal Education Estate Planning Retreat, Presentation on Constructive Trusts and on Dead Man's Statute, 1988.
Educational Background: University of Colorado, School of Law, University of Chicago, School of Law, California Lutheran University, Valparaiso University