Estate Planning News

Question – “I’ve been designated as an individuals’ power of attorney. Do I need a guardianship or conservatorship from the Court?” To answer this question, let’s first define a few terms: Power of Attorney – is a document that is signed, witnessed and notarized by a competent individual, selecting another individual (referred to as an “agent”), with the authority to…

Each year, thousands of homeowners obtain a reverse mortgage for their home to reap the benefits of their equity.  But how does this impact your ability to leave your home to your children when you pass away? If you have a Home Equity Conversion Mortgage (HECM), i.e. a reverse mortgage, your children will have to repay either the full loan…

A power of attorney is a written document that allows one person, often called the “principal,” to direct someone else, often called the “agent,” to act or make decisions on the principal’s behalf. The power of attorney can limit the agent’s power to specific actions, such as purchasing a car. In the alternative, it can give an agent extensive power,…

Did you know that Colorado law allows anyone owning a car registered in the state to name a beneficiary to receive that car without having to go through probate?  This can make estate planning for small-to-modest estates even easier. The vehicle owner must complete Department of Revenue Form DR 2009 and keep it with their estate planning documents. Then, upon…

Preparing a will can seem complicated, but understanding terms and phrases, makes the process easier. For example, you may have heard of a no-contest clause in a Will. A no-contest clause generally states that a person will be disinherited (i.e. not receive an inheritance from an estate) if they challenge the contents of a person’s Will. A no-contest clause may…

Happy New Year! 2022 has arrived – have you made your New Years’ resolutions yet? Maybe you are planning on finally joining a gym, training for a marathon (but just a 5k to start), or maybe your plan is to just stay healthy this year. Whatever your resolutions may be, at the top of that list should be planning for…

Everyone wants to avoid probate – the question is how? Most of us have assets that are already considered “non-probate assets” or we can take simple steps to make them “non-probate assets”. A non-probate asset is property of an estate that is not required to pass through the probate process or any similar to it. This is simply because these…

Is there a way I can transfer property to a loved one and avoid probate?  Yes, there is!  If you own real estate in your sole name (i.e. without a co-owner), you have limited options if you want to pass the property to a beneficiary at your death without the necessity of probate. An easy solution is a beneficiary deed. …

Does a Will always have to be probated? The good news is that probate may not be necessary in all cases. Probate and Property Held in Joint Names It is fairly common for individuals to own assets in joint names with their spouses, children, or others. If an asset is owned jointly with “rights of survivorship,” it passes automatically, by…

Probate has a reputation for lasting, well, FOREVER! But, is this always the case? The answer is that each estate is different and the length of time it takes to probate an estate depends on several factors. Some estates settle or close within a few weeks or a few months, while others can take a year or longer.  So, what…