Wills

Estate planning ensures that the assets you have worked hard to accumulate during your lifetime are protected at your death and distributed as you choose. Having an estate plan is a good idea for everyone, regardless of age or health condition. Estate plans may address in advance concerns about minimizing estate tax, distributing property to your heirs, transferring ownership of a family business in an orderly fashion, leaving money to charities that do important work, receiving proper medical treatment, and caring for children or other loved ones who need special care. Some of the documents you may want to include in your estate plan include:

• Will (with or without testamentary trusts);
• Revocable or Irrevocable Trusts;
• Medical Power of Attorney;
• Durable Power of Attorney;
• Advance Health Care Directives;
• Family Limited Liability Companies (or Limited Partnerships).

Probate is a legal process that takes place after someone dies in order to legally transfer the title to assets to the beneficiaries designated in a will. Colorado probate law also governs the process for distribution of property where there is no will. The law provides for the determination of who qualifies as an heir to the deceased and what portion of the assets his or her position in the family entitles them to receive. During the probate process, a personal representative (also known as executor) will perform a number of tasks, such as:

• Identifying Estate Property and creating an Inventory;
• Paying Estate Debts and Taxes;
• Distributing Property as Directed by a Will (or by law, if no Will);
• Accounting to the Heirs.

The probate process can be complex. There are often a number of persons interested in the probate estate, including: the surviving spouse, children and/or grandchildren, other family members, creditors, charities and other designated beneficiaries, and the personal representative of the estate. Each party may have a competing interest, which means that the probate process can sometimes be lengthy, time-consuming, and expensive, especially if not done properly and efficiently.

Sometimes, disputes arise in probate administration that require an experienced litigator. Our firm handles all kinds of probate litigation, including:

• Will Contests;
• Interpretation and Enforcement of Wills and Trusts;
• Undue Influence;
• Mental Incapacity;
• Creditor Disputes;
• Fiduciary Misconduct;
• Fraud.