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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.
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By Brandon Rains, Founder and Attorney at The Rains Law Firm2026 has certainly been a dramatic year so far. Geopolitical concerns, war, inflation, Artificial Intelligence, company layoffs, market corrections, domestic politics, unemployment, and many other factors...
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By Kristin McGinnis, Strategic Leader of Business Development at The Rains Law Firm Legacy planning goes beyond traditional estate planning. At The Rains Law Firm, we don’t just support families in passing on assets—we believe it’s equally important to pass on...
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Protections Against Deceptive Pricing Practices
By Rachel Brunfon, Attorney at The Rains Law FirmOn April 21, 2025, the Colorado Legislature passed HB 25-1090, the Protections Against Deceptive Pricing Practices Act (the “Act”). The Act took effect on January 1, 2026. The Act was primarily aimed at...
Meet Our New Attorneys and Business Development Leader
Join us as we unveil the people strengthening our firm and expanding how we serve clients and partners.Estate Planning and Business Formation Attorney Rachel combines over 15 years of legal experience at top-tier global firms with a multidisciplinary background...
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How to Name a Guardian for Your Minor Children in Colorado
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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
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Wills
Newsletters
Peace of Mind Amidst Chaos
By Brandon Rains, Founder and Attorney at The Rains Law Firm2026 has certainly been a dramatic year so far. Geopolitical concerns, war, inflation, Artificial Intelligence, company layoffs, market corrections, domestic politics, unemployment, and many other factors...
Planting Trees You May Never Sit Under: Multigenerational Planning
By Kristin McGinnis, Strategic Leader of Business Development at The Rains Law Firm Legacy planning goes beyond traditional estate planning. At The Rains Law Firm, we don’t just support families in passing on assets—we believe it’s equally important to pass on...
The Estate Planning Gap Many Families Discover Too Late
By David Rolla, Attorney at The Rains Law FirmA sudden fall. An unexpected diagnosis. A routine surgery followed by complications. Dementia. In these moments, families often assume someone can step in seamlessly to help. A spouse will manage the accounts. An adult...
Protections Against Deceptive Pricing Practices
On April 21, 2025, the Colorado Legislature passed HB 25-1090, the Protections Against Deceptive Pricing Practices Act (the “Act”). The Act took effect on January 1, 2026. The Act was primarily aimed at housing, but the breadth of the requirements encompasses all...
Protections Against Deceptive Pricing Practices
By Rachel Brunfon, Attorney at The Rains Law FirmOn April 21, 2025, the Colorado Legislature passed HB 25-1090, the Protections Against Deceptive Pricing Practices Act (the “Act”). The Act took effect on January 1, 2026. The Act was primarily aimed at...
Meet Our New Attorneys and Business Development Leader
Join us as we unveil the people strengthening our firm and expanding how we serve clients and partners.Estate Planning and Business Formation Attorney Rachel combines over 15 years of legal experience at top-tier global firms with a multidisciplinary background...
How Long Should You Keep Important Documents? A Practical Guide for Colorado Families
Not sure how long to keep tax records, legal documents, or financial paperwork? This guide explains how long to keep important documents and which records to keep forever.Even in an increasingly paperless world, we still live in a society that documents everything....
How to Name a Guardian for Your Minor Children in Colorado
Ensure your children's future is secure by understanding the process of naming a legal guardian in Colorado.One of the hardest decisions as a parent is thinking about who would raise your children if you were unable to. While no one can replace you, you can choose...
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...
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