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...
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...
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...
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...
What is a Personal Property Memorandum? – The Basics
Estate planning is a crucial step in securing the future and ensuring the smooth transfer of assets to loved ones after our passing. While we often focus on major assets like real estate, investments, and financial accounts, it's equally important to address the distribution of our tangible personal belongings. To...
What is Guardianship for Children? – The Basics
When it comes to the safety and security of children, there can never be too many precautions taken. One of the most important steps that parents can take is to establish guardianship for their children in the event that something happens to them. This can provide a sense of peace...