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Will FAQs
What is Estate Planning?
Estate planning is how you can take care of your loved ones even after you are no longer able to do so. The three purposes of estate planning are: 1) Control your property while you are alive and well; 2) Provide for yourself and your loved ones if you become incapacitated/disabled; 3) Give what you have to whom you want, the way you want, when you want.
Estate planning addresses the consistent and hardest parts of life, which is when someone passes away. In my opinion, estate planning’s purpose is to help a family’s transition as they cope during such a difficult period in their lives. It is a gratifying and purpose-filled legal service.
Comprehensive estate planning takes the whole person into account. It involves selecting trusted individuals to carry out one’s wishes and drafting documents that carefully guide and protect future generations. Estate planning also goes beyond taxes, wealth, and medical decision making: Many people choose to include things like recorded oral histories and precious heirlooms in their plans. This makes estate planning not just about property, but about the legacy, values, and vision you want to pass along to future generations.
Do I need to do estate planning?
Every individual has different needs, and to receive a full appraisal of your needs for estate planning, I would advise you to schedule a complimentary initial meeting to discuss your situation.
What is a will?
A will is a document that is filed with a court after an individual has passed away. The will tells the court what the deceased person wants to have happen with their property. The court then supervises the deceased person’s Personal Representative as the Personal Representative distributes the deceased person’s property to its heirs.
What are the advantages of a will?
One great advantage of the will is that it is so well known. When most people think of estate planning, they think of a will.
A will is also generally the most affordable estate planning strategy, and so it allows some individuals to have an estate plan when they otherwise would not be able to afford one.
In Colorado, the process to administer a will (or to distribute a person’s property to their heirs) is one of the most advanced and efficient in the United States. It is therefore relatively quick and cheap to administer a will in Colorado.
What are the disadvantages of a will?
A will does not help protect you if you ever become incapacitated.
The administration of a will is public, so anyone can read what the will says. While this is not a true concern for most individuals, it is a factor to consider when deciding which estate planning strategy to adopt.
What is a Personal Representative?
The Personal Representative is also known as an Executor. This is the individual or institution named in a will who becomes responsible for carrying out the instructions provided in your will during the probate process and distributes that property to the heirs. The Personal Representative works under the supervision of a judge and has to report back to the judge on what the Personal Representative has done.
Why does an 18-year old need an estate plan?
Even an 18-year-old has property, and that 18-year old probably cares who would get their property if they pass. Also, a good estate plan also has incapacity planning, which protects the 18-year-old in case of incapacity.
Is a will or trust better for me and my family?
The decision to have a will or trust is an incredibly personal and unique decision. I advise that you meet with an estate planning attorney to help you understand your options and to help you make the best decision for yourself and your family.
Wills
Blogs
Why Your Estate Planner Needs to Know If You’ve Lent Money to Family
Many children and grandchildren are skipping the traditional bank and obtaining loans from parents or grandparents. Unfortunately, we have all heard stories of families torn apart because of disagreements over money. So, what can you do to make sure your intra-family...
Debt After Death: Why You Should Think About It When Estate Planning
If you have debt, you should not think that the debt will go away after you pass away or if you ever become incapacitated. Rather, your debt may drastically decrease or even destroy your estate and your loved ones' inheritances. And, to be clear, "debt" means credit...
Organizing for Tax (and Estate Planning) Season
It is the beginning of 2018, and so it is officially tax season. Fortunately, you have until April 17th to file your taxes, but you should soon begin receiving your W-2 or 1099 forms to start preparing your taxes. You also get to review your last year to begin...
What to Expect from Estate Planning in 2018
2017 is quickly becoming a thing of the past, and 2018 is all the rage. Optimism and goals reign, as does uncertainty. We are all coming to grips with Congressional tax reform and how it might impact our lives. Here are a few estate planning changes that we know...
Why a Spendthrift Trust Can Be a Great Solution for Your Heirs
Your estate plan is made up of many smaller pieces. You can mix and match these pieces to create a personalized and comprehensive plan that fulfills your needs and meets your goals. One piece is a trust. A trust allows you to delegate authority to someone you trust...
There’s Never A Better Time Than Now To Get Your Affairs in Order
The holiday season is incredibly busy, and organizing your legal and financial affairs is probably nowhere close to being on your radar. However, it is easier than you may think and getting started can be quick. With new year's resolutions quickly approaching,...
Gift Giving the Tax-Free Way
The holidays is a generous time of giving. However, almost know one wants the IRS to receiving any gifts. Happily, the law allows you to give gifts without letting the IRS receive a portion of that gift. Some of these laws are pretty straightforward with how they...
Four Reasons Why Estate Planning Isn’t Just for the Top 1 Percent
Too many Americans think that estate planning is only for those who are very wealthy-the 1%'ers. In truth, this is incredibly wrong, as any adult has the need for an estate plan and can benefit from a plan. Unfortunately, too many Americans have not created an...
How to Share Family History and Heirlooms with Your Estate Plan
Family history is incredibly important for self-identity, but it is also easily lost and forgotten. That means that sharing your family history now is vital. Family gatherings, like the holidays, are excellent times to share family history with family members....
Do You Own Rental Property? How Proactive and Comprehensive Estate Planning Can Help
A comprehensive estate plan should address all of your assets. Most people's estates include the following: a home, bank accounts, and personal property (furniture, clothes, golf clubs, jewelry, etc.). Many families also have 401(k)'s, IRA's, life insurance policies,...
Wills
Newsletters
Why Your Estate Planner Needs to Know If You’ve Lent Money to Family
Many children and grandchildren are skipping the traditional bank and obtaining loans from parents or grandparents. Unfortunately, we have all heard stories of families torn apart because of disagreements over money. So, what can you do to make sure your intra-family...
Debt After Death: Why You Should Think About It When Estate Planning
If you have debt, you should not think that the debt will go away after you pass away or if you ever become incapacitated. Rather, your debt may drastically decrease or even destroy your estate and your loved ones' inheritances. And, to be clear, "debt" means credit...
Organizing for Tax (and Estate Planning) Season
It is the beginning of 2018, and so it is officially tax season. Fortunately, you have until April 17th to file your taxes, but you should soon begin receiving your W-2 or 1099 forms to start preparing your taxes. You also get to review your last year to begin...
What to Expect from Estate Planning in 2018
2017 is quickly becoming a thing of the past, and 2018 is all the rage. Optimism and goals reign, as does uncertainty. We are all coming to grips with Congressional tax reform and how it might impact our lives. Here are a few estate planning changes that we know...
Why a Spendthrift Trust Can Be a Great Solution for Your Heirs
Your estate plan is made up of many smaller pieces. You can mix and match these pieces to create a personalized and comprehensive plan that fulfills your needs and meets your goals. One piece is a trust. A trust allows you to delegate authority to someone you trust...
There’s Never A Better Time Than Now To Get Your Affairs in Order
The holiday season is incredibly busy, and organizing your legal and financial affairs is probably nowhere close to being on your radar. However, it is easier than you may think and getting started can be quick. With new year's resolutions quickly approaching,...
Gift Giving the Tax-Free Way
The holidays is a generous time of giving. However, almost know one wants the IRS to receiving any gifts. Happily, the law allows you to give gifts without letting the IRS receive a portion of that gift. Some of these laws are pretty straightforward with how they...
Four Reasons Why Estate Planning Isn’t Just for the Top 1 Percent
Too many Americans think that estate planning is only for those who are very wealthy-the 1%'ers. In truth, this is incredibly wrong, as any adult has the need for an estate plan and can benefit from a plan. Unfortunately, too many Americans have not created an...
How to Share Family History and Heirlooms with Your Estate Plan
Family history is incredibly important for self-identity, but it is also easily lost and forgotten. That means that sharing your family history now is vital. Family gatherings, like the holidays, are excellent times to share family history with family members....
Do You Own Rental Property? How Proactive and Comprehensive Estate Planning Can Help
A comprehensive estate plan should address all of your assets. Most people's estates include the following: a home, bank accounts, and personal property (furniture, clothes, golf clubs, jewelry, etc.). Many families also have 401(k)'s, IRA's, life insurance policies,...
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