Please call me for all of your will, trust, estate planning, and probate needs at 303-782-4900.

Wills, Trusts, Estate Planning and Probate Lawyer

Denver, CO

I have been practicing Wills, Trusts, Estate Planning and Probate Law for 35+ years and I am an Inactive CPA.

PROBATE.

Probate in Colorado is the administration of a person’s assets and liabilities upon death.

Colorado’s probate system is relatively straightforward and streamlined as compared to other states, and relatively inexpensive.

Probate occurs at an emotional time because the decedent’s family is going through a grieving process. The family loses someone they love and at the same time they must address the financial and legal matters involved when someone dies. My experience of being an attorney for more than thirty-five (35) years and helping in many probate matters help me tremendously in helping you through probate. One goal of mine is to create peace of mind for you as we work through everything involved with probate. Another goal of mine is to streamline the probate process, and make it as simple, efficient, and understandable as possible.

General Procedure To Open Probate In Colorado.

1. Facts are gathered to prepare an application and the application is completed and signed.
2. The proposed personal representative signs an acceptance of office form agreeing to be personal representative.
3. A proposed court order is prepared.
4. A proposed Letters Testamentary (if there is a will) or Letters of Administration (if there is no will) is prepared.
5. Document numbers 1-4 are filed with the court.
6. After approval by the court, the court will sign the Order and Letters Testamentary or Letters of Administration appointing a person as personal representative.

Steps Taken After Opening Probate.

1. After the personal representative is appointed by the court, I obtain an EIN for the estate. The personal representative takes the EIN and Letters Testamentary or Letters of Administration to the bank and opens a bank account for the estate.
2. I publish notice to creditors in the newspaper. Creditors have approximately four (4) months to file claims. The notice to creditors sets a firm date by which creditors must file claims. If the creditor does not timely file a claim, the claim is not valid.
3. An Information of Appointment is sent to the heirs, beneficiaries, and devisees to inform them that the probate has been commenced and provides other relevant information.
4. The personal representative gathers all assets.
5. The personal representative pays all liabilities.
6. The personal representative takes all further steps to administer the estate, such as filing income tax returns.
7. After the four-month period has passed and all assets have been liquidated and all liabilities have been paid, the balance is distributed pursuant to the provisions of the will or by the intestate statute (if no will).
8. The probate is closed.

Generally, if there are no issues that must be resolved and which take more time, probate in Colorado can be completed within six (6) to eight (8) months after the probate is opened.

If the estate is not large and there is no real estate, a probate may not need to be opened and you may be able to use a Small Estate Affidavit instead of opening probate. The theory is that a family should not have to incur the attorney fees and costs involved in a probate if the probate is a small estate.

When real property is sold which is in probate, instead of a warranty deed being signed by the owner, a Personal Representative’s Deed is prepared by me since title companies will not prepare Personal Representative Deeds signed by the Personal Representative.

I will represent you in your capacity as:

5. Guardian.
6. Conservator.
7. Personal Representative.
8. Trustee.

Probate Practice Areas.

My practice in probate includes the following areas:

9. Breach of fiduciary duty.
10. Surviving spouse rights.
11. Omitted spouses.
12. Child’s rights.
13. Disinheritance.
14. Inheritance disputes.
15. Creditor’s claims.

Please call me for all of your probate needs at 303-782-4900.

I practice probate in the State of Colorado and in:

Lyons
Montrose
Morrison
Nederland
Northglenn
Parker
Salida
Sheridan
Silverthorne
Sterling
Strasburg
Steamboat Springs
Superior
Telluride
Thornton
Trinidad
Vail
Westminster
Wheat Ridge
Windsor.

Probate Law

Don will guide you through probate when a loved one has passed away. He will meet with you, explain the entire probate process and how long probate takes, discuss the attorney fees and costs, answer all questions that you have, and prepare and file all documents that must be filed. Don practices in many cities and counties.

Don will help in the following areas:

Denver Colorado Probate Law

Don will guide you through probate when a loved one has passed away. He will meet with you, explain the entire probate process and how long probate takes, discuss the attorney fees and costs, answer all questions that you have, and prepare and file all documents that must be filed.. Don practices in many cities and counties.

WILLS, TRUSTS, AND ESTATE PLANNING

The critically important steps for me practicing in the estate planning area (which includes wills and trusts) are (1) to carefully listen to you about how you would like your estate distributed and (2) for me to create the documents that reflect your wishes.

My experience of being an attorney for more than thirty-five (35) years and preparing hundreds of wills help me tremendously in advising you and preparing your estate plan. One goal of mine is to create peace of mind for yourself and your loved ones about what happens to your assets upon your death.

For nearly all of my services in the estate planning area, I am able to quote you a flat fee so you know what my charges will be.

What often prompts a client to contact me about estate planning is that a family member dies and there are major problems with probate because there was no will. On the other end of the spectrum, I have also tried to encourage some people to work on their estate plan and they will not because they “do not want to think about death.”

Each person’s situation is unique. Everyone should have an estate plan.

If you do not have a will (called “intestate” instead of having a will which is called “testate”), it does not mean that your estate goes to the State of Colorado. If you do not have a will, it means that your estate is distributed based upon a statute in Colorado, and the statute may not distribute your estate the way you would like your estate to be distributed. Therefore, it is imperative that you have a will (or in some circumstances a trust).

I would be honored if you ask me to be your estate planning attorney.

As your estate planning attorney, I have to think through all of the “what ifs” in your situation and plan accordingly. The biggest “what if” is probably what happens if someone does not survive that you are sure will survive.

Colorado’s probate system is relatively straightforward and streamlined as compared to other states. Since a Colorado probate is not necessarily something to be avoided at all costs, for many clients a will is the best option. It tends to be a less expensive choice than a revocable living trust, and works well for the needs of many clients.

Further, for probate, creditors have approximately four (4) months to file claims and if you do not open probate and rely upon a living trust as the primary estate plan, creditors have one (1) year from date of death to file claims against the decedent, which may delay distributions.

Estate Planning Advice

The basic documents for estate planning are:

1. Will. A will is a document in which a person specifies who is to receive his or her property upon death; designates the person who will be responsible for probating the estate; and appoints a guardian for minor children if there are minor children. The will may include a contingent trust for any minor children and any children that you would like to protect from themselves from receiving an inheritance at too young of an age.
2. Medical or Health Care Power of Attorney. A medical or health care power of attorney is a document that allows you to name a trusted person to make medical decisions for you if you are unable to communicate on your own.
3. Living Will. A living will is a document that states what your wishes are about being on life support.
4. Financial Power of Attorney. A financial power of attorney allows you to name a trusted person to pay bills, make bank deposits, watch over investments, collect insurance or government benefits, and handle other financial matters on your behalf. A financial power of attorney is an extremely powerful document and must be very carefully reviewed prior to using the financial power of attorney as an estate planning tool. I usually state that the financial power of attorney only becomes effective upon the disability of the person signing the financial power of attorney.

Another document that may be used if the situation is right is the use of a living trust. All of your assets are transferred into a trust and the trust’s provision state how and when the assets will be distributed upon your death. A living trust is a good vehicle if a person is elderly (relative term) and needs help from children as the person ages because all of the assets are in the trust and are easy to manage.

Some Assets Do Not Go Through Probate Even With A Will.

Assets that do not go through probate are:

1. Assets held in joint tenancy. The asset goes automatically to the survivor upon the death of one of the owners.
2. RAs, 401Ks and other retirement accounts. IRAs, 401Ks and other retirement accounts are distributed based upon beneficiary forms that you complete. You should periodically review and update your beneficiary forms. If you do not name anyone, then by default it would become part of your estate in a probate proceeding. You should always name who the beneficiary is.
3. Life Insurance. Life insurance is distributed based upon who you name in the beneficiary form.
4. Annuities. Annuities are distributed based upon who you name in the beneficiary form.
5. Accounts that are Payable Upon Death. If you have an account that is a payable upon death, upon your death it is paid to the person that you name and does not go through probate.

At times I will use a beneficiary deed as an estate planning tool. A beneficiary deed is used to transfer ownership of real estate immediately and automatically to the beneficiary named in the deed upon the grantor’s (person who owns the property and is signing the deed) death.

Reviewing and Revising Your Estate Plan.

I recommend that you take out your estate planning documents at least once a year to review them and make sure that they reflect your wishes. If they do, you put them back in their safe location until it is time for you to again review them. If they do not, you should call me and we will discuss what changes you would like. What may cause you to review your estate plan more often than once a year is if (1) your thoughts or philosophy changes, or (2) a change in your family situation such as a death.

Estate Planning Practice Areas.

My practice in estate planning includes the following areas:

1. Wills.
2. Medical Powers of Attorney.
3. Living Wills.
4. Financial Powers of Attorney.
5. DNR (do not resuscitate).
6. Living Trusts.
7. Special Needs Trusts.
8. Cohabitation or Living Together Agreement.
9. Business Planning.
10. Business Succession.
11. Pet Trusts.

Please call me for all of your estate planning needs at 303-782-4900.

I practice estate planning in the State of Colorado and in:

Lyons
Montrose
Morrison
Nederland
Northglenn
Parker
Salida
Sheridan
Silverthorne
Sterling
Strasburg
Steamboat Springs
Superior
Telluride
Thornton
Trinidad
Vail
Westminster
Wheat Ridge
Windsor.