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...
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...
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...
What is Probate? – The Basics
Probate is a legal process that occurs after a person passes away, in which their assets are distributed to their heirs or beneficiaries. In Colorado, the probate process is regulated by the Colorado Probate Code. When a person passes away in Colorado, their estate may need to go through probate...