David W. Kirch

David W. Kirch

Attorney Profile

Top Rated Estate Planning & Probate Attorney in Aurora, CO

Kirch and Rounds, PC
 | Cherry Creek Place I, 3131 South Vaughn Way, Suite 200
Aurora, CO 80014
Phone: 303-671-7726
Selected to Super Lawyers: 2006 - 2013, 2015 - 2017
Licensed Since: 1974
Practice Areas:
  • Estate Planning & Probate (60%),
  • Estate & Trust Litigation (20%),
  • Real Estate: Consumer (10%),
  • Elder Law (10%)
Attorney Profile

DAVID W. KIRCH is a partner with Kirch and Rounds, P.C. and has concentrated his practice in the areas of estate planning, probate and trust administration, and probate litigation for over 40 years. Mr. Kirch has been a lecturer on trusts and estates at the University of Denver Law School. He earned his B.A. degree, summa cum laude, from California Lutheran College and his J.D. degree from the University of Colorado where he was a member of The Order of the Coif (an honor society for those who graduate in the top 10% of their law school class). Mr. Kirch has been the column editor of the Estate and Trust Forum of the Colorado Lawyer since 1998 and is the current Chair of The Colorado Lawyer Editorial Board for 2017 – 2018.  He was the Vice Chair of the Colorado Lawyer Editorial Board for 2016 – 2017, the Second Vice Chair of the Colorado Lawyer Editorial Board for 2015 – 2016, and a member of the Board of Editors for the Colorado Lawyer for 2014 - 2015.  He has served as liaison between the Trust and Estate Section and the Real Estate Section of the Colorado Bar Association since 2009. Mr. Kirch is past chairman of the Trust and Estate Section of the Colorado Bar Association, past chairman of the Statutory Revisions Committee of the Probate and Trust Section of the Colorado Bar Association, and past co-chairman of the CBA Wills and Trust Form Book Revisions Committee. He also is a fellow of the American College of Trust and Estate Counsel and a member of the Denver Estate Planning Council. Mr. Kirch is listed in the 2017 edition of Super Lawyers Magazine under Estate Planning and Probate and is listed in the 2017 edition of The Best Lawyers in America in the areas of Elder Law and Trusts and Estates. In 2016, Mr. Kirch celebrated his 30th year receiving the AV Preeminent rating, which is the highest possible Peer Review Rating In Legal Ability and Ethical Standards from Martindale-Hubbell.

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 for over 30 years; Named one of Denver's top lawyers by 5280 Magazine under Trusts and Estates Category, 2001. Listed as a Colorado Super Lawyer 2006, 2007, 2008, 2009, 2010, 2011 and 2012, 2013, 2015, 2016 and 2017; Fellow of American College of Trust and Estate Counsel; Lecturer in Law at University of Denver Law School from 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:

  • Chair of the Colorado Lawyer Editorial Board 2017 - 2018; Vice Chair of the Colorado Lawyer Editorial Board, 2016 - 2017; Second Vice Chair of the Colorado Lawyer Editorial Board 2015 - 2016; Member of the Board of Editors for The Colorado Lawyer 2014 - 2015; Column Editor of the Estate and Trust Forum for The Colorado Lawyer, 1998 - Present; Trusts and Estates Section liason with the Real Estate Section of the Colorado Bar Association 2009 - Present; Co-Chairman of Guardian ad Litem Legislation Subcommittee of the Trust and Estate section of the Colorado Bar Association, 2014 - Current; Member of Denver and Colorado Bar Associations; Member of Probate and Trust Law Section of Colorado Bar Association; Chair of Capacity Legislation Subcomittee of the Trust and Estate section of the Colorado Bar Association, 2013 - 2014; 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; Attended Annual ALI‑ABA Estate Planning in Depth Program at the University of Wisconsin Law School in June 1981

Scholarly Lectures and Writings:

  • Articles: 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), Are You and Your Clients on the Same Estate Planning Path?, 7 JOURNAL OF FINANCIAL PLANNING 62 (1994)., Avoiding Appreciation in Trust Assets Being Treated as Marital Property, 27 COLO. LAW. 57 (1998), The Imposition of Constructive Trusts and Other Concepts at Probate - Part I, 27, COLO. LAW. 41 (1998), The Imposition of Constructive Trusts and Other Concepts at Probate - Part II, 28, COLO. LAW. 49 (1999), Conservatorship Proceedings, 30, COLO. LAW. 5 (2001), 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), Constructive Trusts, 146, No. 7, TRUSTS & ESTATES, 50 (2007), A Donor’s Rights to Disposition of Assets Versus Undue Influence Protection, 39, No. 10, COLO. LAW. 47 (2010), Balancing Discretion to Give and Undue Influence Concerns, 38, No. 8,ESTATE PLANNING, 28 (2011), Co-author, with Sierra R. Ward, Chapter 51: Equitable Remedies, The Orange Book Handbook Colorado Estate Planning Handbook, Vol. 1 & 2 (2014 - 2015), Co-author, with Elizabeth A. Cappillino, Dealing With a Decedent’s Mineral Interests, 44, No. 2 COLO. LAW, 53 (2015), Co-author, with Laurence I. Gendelman, Estate Planning Tools for Second Marriages, 45, No. 12 COLO. LAW. 45 (2016) Programs (Faculty Member):Continuing Legal Education Estate Planning Retreat. Presentation on Constructive Trusts and on  Dead Man's Statute, 1988, “Sophisticated Trusts: Emphasis on Drafting,” sponsored by Continuing Legal Education of Colorado, Inc.  Presentation on Trusts for Minors and Qualified Subchapter S Trusts, 1988, “Basic Probate in Colorado,” sponsored by National Business Institute, Inc. Presentation on Probate Procedures, 1989-1990, “Principles of Estate Administration and Taxation,” sponsored by Continuing Legal Education of Colorado, Inc., 1989, “Legislative Alert!,” sponsored by Continuing Legal Education in Colorado, Inc., 1989, “Estate Planning and Probate in Colorado,” sponsored by National Business Institute, Inc. Presentation on Probate Procedures and Administration, 1990, “CIOA is Coming!,” sponsored by Continuing Legal Education of Colorado, Inc. Presentation on Overview of the Colorado Common Interest Ownership Act (CIOA), 1992, The Colorado Society of Certified Public Accountants 1993 Elder Care Conference.  Presentation on “The Graying of America,” 1993, 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, “Advanced Issues in Probate for the Paralegal in Colorado,” sponsored by National Business Institute, Inc., 1997 and 1999, “Medicaid and Medicaid Planning in Colorado,” sponsored by Medical Educational Services, Inc. Presentation on Basic Medicaid Planning and Planning for Residences, 1998 and 1999 Continuing Legal Education Estate Planning Retreat. Presentation on Resolving Commonly Encountered Ethical Issues in Estate Planning and Administration, 2000, “Basic Probate Procedures and Practice in Colorado,” sponsored by National Business Institute, Inc., 2000, 2001, 2002 and 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, “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, “Understanding Estate, Gift and Fiduciary Income Tax Returns 2004”, Strategies for Maximum Advantage with the “706”, “709”, “1040” & “1041,” Presentation on “Basic Planning Issues Under the New Tax Laws” sponsored by the Practicing Law Institute, 2004, “Trust and Estate Ethics,” sponsored by Continuing Legal Education of Colorado, Inc. December 2004, “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, “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, “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 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, “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, “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, “Estate Administration Procedures: Why Each Step Is Important,” National Business Institute, June 2008, “The Probate Process From Start to Finish for Paralegals,” Institute for Paralegal Education, June 2008, “Will Contests,” Presentation on “Presumptions and Inferences in Probate Litigation and Will Executions,” Co-sponsored by the CBA Trust and Estate Law, Elder Law, Solo/Small Firm and Litigation Sections of the Colorado Bar Association, August 28, 2009, “The Probate Process From Start to Finish,” National Business Institute, December 2009, “Counseling Trustees on Their Duties,” Presentation on “Trustee Duties – Legal Aspects” Sponsored by the Colorado Bar Association CLE, February 24, 2010, “Ethics: Distinguishing Ethical from Malpractice Issues,” Presentation on how to maintain an ethical balance in the practice of law as a trust and estate attorney.  Sponsored by the Trust and Estate Section of the Colorado Bar Association, June 2011, “Drafting Effective Wills and Trusts,” National Business Institute, September 26, 2011, “Trust and Estate Fall Update,” Sponsored by the Trust and Estate Section of the Colorado Bar Association, November 4, 2011, “Probate Process from A to Z,” National Business Institute, December 20, 2011, “Estate Administration Procedures: Why Each Step is Important,” National Business Institute, October 23, 2012, “The Probate Process From Start to Finish,” Institute for Paralegal Education, May 6, 2013, “The Probate Process From Start to Finish,” National Business Institute, December 18, 2013, “Legal Tests for Capacity in Colorado,” Sponsored by the Colorado Bar Association Continuing Legal Education, January 23, 2015, “(QTIPS and Other) Estate Planning Tools for Second Marriage,” National Business Institute, February 10, 2015, “The Ethical, Legal, Medical and Practical Considerations of Representing Clients Who May Be Suffering from Diminished or Questionable Capacity,” 35th Annual Colorado Bar Association Trust and Estate Section Retreat, June 12, 2015, “Estate Planning Basic Skills” – Introduction to Ethics in Estate Planning, Co-Sponsored by the CBA Trust and Estate Section, February 27, 2016, "Capacity Issues," Presentation to the Probate Section of the El Paso County Bar Association, April 12, 2017

Newsletters:

Educational Background:

  • University of Colorado, School of Law, University of Chicago, School of Law, California Lutheran University, Valparaiso University
Office Location for David W. Kirch

Cherry Creek Place I
3131 South Vaughn Way, Suite 200
Aurora, CO 80014

 

David W. Kirch:

Last Updated: 4/18/2017

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