As an estate planning attorney in Colorado, I’m often asked whether a probate case is necessary when someone passes away. The answer depends on the size of the estate and how the assets are titled. While probate isn't always required, it is often necessary in specific circumstances. In this post,...
Trusts vs. Wills: Navigating Estate Planning with Confidence
Estate planning might not be the most thrilling topic to ponder, but it’s an essential part of ensuring your assets are distributed according to your wishes after you’re gone. The two most common tools for this purpose are wills and trusts. Understanding the benefits of each can help you make...
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...
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...
Demystifying Trusts: Revocable Living Trusts vs. Irrevocable Trusts
Trusts are powerful legal instruments designed to protect and manage assets, ensuring their efficient distribution according to your wishes. When it comes to estate planning, two popular options emerge: revocable living trusts and irrevocable trusts. Understanding the differences between these two types of trusts is essential to make informed decisions...
Funding a Revocable Living Trust – The Basics
When it comes to estate planning, many individuals are familiar with the concept of a revocable living trust. However, there is a crucial step often overlooked – funding the trust. Funding a revocable living trust is like breathing life into it, ensuring that your hard-earned assets are protected, efficiently managed,...
What is a Pourover Will? – The Basics
A pourover will is a legal document that works in conjunction with a revocable living trust to ensure that any assets not already in the trust are transferred into it upon the death of the grantor. In this post we will explore the basics of pourover wills. How a Pourover...
What is a Will? – Common Issues and Limitations
While a last will and testament is a useful legal document that allows you to dictate how your property and assets will be distributed after your death, there are several common problems with relying solely on a will to manage your estate. In this blog post, we'll discuss some of...