In the complex world of estate planning and probate, one critical aspect that warrants close attention for married Coloradans is the concept of the elective share or spousal share. This provision, outlined in Colorado's statutes serves as a safety net for surviving spouses, ensuring they are not left in a...
Empowering Heirs: Colorado Revised Statute 15-12-912 and Changing Gifting Instructions
In the realm of estate planning and inheritance, the Colorado Revised Statute 15-12-912 stands as a powerful tool for heirs seeking to adapt their loved one's final wishes to changing circumstances. This statute grants heirs the ability to alter a decedent's gifting instructions through a written agreement, ensuring flexibility in...
Silly Laws and Cases – Grazinski v. Winnebago: When Cruise Control Isn’t Autopilot
Don't do this while driving your motor home! In the annals of legal history, there are cases that become legendary for their sheer absurdity, shedding light on the fine line between personal responsibility and common sense. Among these is the peculiar case of Grazinski v. Winnebago, a lawsuit that captured...
Estate Plan Basics – Fundamental Components of an Estate Plan
Creating an estate plan might not be at the top of your to-do list, but it's a critical step to ensure your assets are distributed according to your wishes and your loved ones are taken care of in the event of your passing. An estate plan is not just for...
Understanding Probate – How to Avoid Probate
Probate can be a lengthy and costly process that follows the passing of a loved one. In Colorado, as in many other states, the probate process involves the court overseeing the distribution of a deceased person's assets. However, there are proactive steps you can take during your lifetime to potentially...
Understanding “Step Up in Basis”
Estate planning involves making important decisions to ensure that your assets are distributed according to your wishes after your passing. One crucial aspect of estate planning is understanding the concept of "step-up in basis" and utilizing tools like revocable living trusts to maximize the benefits for your beneficiaries. This blog...
Silly Laws and Cases – “The Great Mustache Ban”
Laws are meant to maintain order and justice in society, but occasionally, we come across some bizarre and downright silly ones that make us scratch our heads in bewilderment. Let's delve into the world of legal absurdities and share the tale of an extraordinary law and the fascinating case that...
Navigating Will Challenges – Undue Influence
The loss of a loved one is undoubtedly a challenging time, and dealing with the distribution of their estate can further complicate matters. In some cases, concerns may arise regarding the validity of a will due to allegations of undue influence. Undue influence refers to situations where an individual exerts...
Navigating Will Challenges – Testamentary Capacity
The passing of a loved one is a time of emotional upheaval, and the last thing on our minds is often the validity of their will. However, it is crucial to understand the significance of testamentary capacity and when to challenge a will when it appears to lack it, especially...
Navigating Will Challenges – The Basics
Inheritance matters are often intricate, encompassing emotions, relationships, and occasionally, legal conflicts. While a last will and testament aim to ensure smooth asset distribution after one's passing, there are instances where individuals may question the validity or fairness of a will under Colorado law. In this blog post, we delve...