Kris A. Zumalt, Esq., JAMS Mediator and Arbitrator

Kris A. Zumalt, Esq. has 20 years of trial and advocacy experience in Colorado state courts, with particular emphasis on elder law and probate litigation but also including contract disputes and tort claims. Ms. Zumalt worked as a litigation associate for Holland & Hart LLP and Glatstein & O’Brien LLP, co-founded Zumalt & Sigler LLC, and opened her own elder law, probate litigation, and estate planning practice, Zumalt Law LLC. She also served as a deputy district attorney for Colorado’s First Judicial District (Jefferson and Gilpin Counties), prosecuting numerous serious felony cases to verdict.

From 2013 until she joined JAMS in 2022, Ms. Zumalt focused her practice on probate and elder law matters. Her probate litigation experience included cases involving contested petitions for appointments of guardians, conservators, and/or successor fiduciaries; will contests; fee disputes; creditor claims; breach of fiduciary duties in estate and trust administrations; removal petitions; financial exploitation; abuse, mistreatment and neglect; Colorado Adult Protective Services (CAPS) appeals; mental health proceedings; and criminal matters. Ms. Zumalt represented individuals, family members, and lay and professional fiduciaries as petitioners, respondents, objectors, and interested persons. She also served as court-appointed counsel and guardian ad litem in elder law, probate, mental health, and criminal matters.

Ms. Zumalt has experience addressing the following claims and issues arising in probate litigation, estate and trust administration, and elder law matters:

Breach of Fiduciary Duty (involving personal representatives, trustees, guardians, conservators, agents under powers of attorney)
Financial Exploitation / Asset Mismanagement / Theft
Abuse, Mistreatment, and Neglect of At-Risk Adults (by both professional and lay caregivers)
Removal / Surcharge
Contested Appointment of Guardian / Conservator / Successor Fiduciary
Incapacity / Inability to Manage Financial Affairs
Unauthorized Practice of Law
Medicaid Fraud
Pre-Mortem Family Disputes
Common Law Marriage
Creditor Claims
Conflict of Interest
Fee Shifting / Reasonableness of Fees pursuant to the Colorado Compensation & Cost Recovery Act
Contested Attorney / Professional Fees
Contested Validity of Wills, Powers of Attorney, Trust Provisions, HIPAA Releases, and Caregiver Agreements
Undue Influence

Recognizing the time, cost, emotional strain, and uncertainty of litigation, Ms. Zumalt routinely pursued opportunities for negotiation and settlement in her clients’ cases. Particularly in relation to her experience as a probate advocate and trial lawyer, she is sensitive to the emotionally charged nature of probate and elder law litigation and understands how to use mediation to efficiently and effectively resolve these matters. She now turns the same diligent preparation, patience, and insight she used as a litigator to assist parties and their counsel in the mediation process.

With Ms. Zumalt’s background in elder law and probate litigation, she is also comfortable acting as a decision-maker in fee shifting and attorney fee disputes that may arise in these cases.

Ms. Zumalt recognizes that parties to probate and elder law disputes span all walks of life and come with individual physical, cognitive, emotional, and financial conditions and limitations. She conducts dispute resolution proceedings in-person, virtually, or in a hybrid format to meet the needs of the parties. In-person proceedings may occur at the JAMS Denver office or at a place of your choosing.

Ms. Zumalt is the past chair of the Colorado Bar Association’s Elder Law Section, and actively serves on the Elder Law Section’s Executive Council. She has presented on numerous topics of interest to elder law and probate practitioners at Continuing Legal Education programs and the Colorado Bar Association Elder Law Section annual retreats. She has also given presentations to senior citizens and their families at community outreach programs.

Ms. Zumalt co-authored Chapter 29: Family Discussions, Decisions, and Dispute Resolution in the 2023 Edition of the Senior Law Handbook, and served as a section editor of the Colorado Probate Bench Book.

Ms. Zumalt is originally from New Orleans and has lived in Colorado for the last thirty years. Away from work, she enjoys time with family and friends, photography, cooking, road trips, four-wheeling, hiking, and biking.

Representative Matters

Mediation
Arbitration
Special Master
Estates / Probate / Trusts
Elder Law
Fee Shifting / Reasonableness of Fees / Colorado Compensation & Cost Recovery Act
Administrative Law / CAPS Appeals
Hearing Officer / Title IX Cases

Honors, Memberships, and Professional Activities

Member, Executive Council, Elder Law Section, Colorado Bar Association, 2019-2023
Past Chair, Elder Law Section, Colorado Bar Association, 2021-2022
Past Legislative Policy Committee Liaison, Elder Law Section, Colorado Bar Association, 2019-2021
Member, Colorado Bar Association, Elder Law, Trust and Estate, and Criminal Law Sections
Section Editor, Probate Bench Book
Co-Author, Senior Law Handbook, 2023 Edition, Chapter 29: Family Discussions, Decisions, and Dispute Resolution
Speaker, “CAPS Reporting: Introduction to Regulations and Implications for Professional Fiduciaries,” Colorado Guardianship Association, 2022
Speaker, “Navigating the Appeal of an APS Substantiated Finding of Mistreatment of an At-Risk Adult (A.K.A. CAPS Appeal),” Colorado Bar Association, 2021
Panelist, “APS 201: Substantiated Findings of Mistreatment in the CAPS System and Potential Impacts in Guardianship and Conservatorship Proceedings,” 13th Annual Rocky Mountain Regional Elder Law Retreat, 2021
Co-Presenter, “I’m a Beneficiary: What Do I Need to Know?” Jefferson County Senior Law Day, 2019
Co-Presenter, “What to Do When Someone Dies: The First Few Days,” Jefferson County Senior Law Day, 2016, 2017; Denver Senior Law Day, 2016, 2017, 2019; Jefferson County TRIAD, 2016; and Applewood Valley United Methodist Church, 2018.
Co-Presenter, “Criminal Issues in Elder Law – In Search of Good Solutions: Beyond Guilty and Not Guilty,” 8th Annual Elder Law Retreat, 2016
Co-Presenter, “Domestic Violence and the Elderly,” Colorado Bar Association, 2016
Member, 1st Judicial District Bar Association
Member, Colorado Women’s Bar Association
Fellow, Colorado Bar Foundation

Background and Education

Private Law Practice, 14 years
- 9 years in elder law, probate litigation, trust and estate administration, estate planning, mental health proceedings, and criminal defense.
- 5 years in commercial and civil litigation, including contract disputes, creditor/debtor claims, civil rights complaints, personal injury and products liability cases.
Deputy District Attorney, First Judicial District of Colorado, 6 years
Law Clerk for the Honorable Henry A. Politz, Fifth Circuit Court of Appeals, 2001-2002
J.D., University of Denver Sturm College of Law, Order of St. Ives, 2001