The COVID-19 pandemic and physical distancing practices have shifted various aspects of life from in-person to digital with everything from weddings to court hearings moving online. The option to sign your will virtually may be headed that way in Colorado too. Continue reading “Electronic Will Signing Proposed for Colorado”
Many people seek to use estate planning as a way to protect their assets against creditors. While there are ways to create protections using wills or trusts, creditors are still able to reach those assets under certain circumstances. That being said, a will or a trust is still useful to create boundaries for your beneficiaries and any creditors you or your beneficiaries may have.
Here are ways you can limit creditor access to your assets through a will or trust.
A recent Colorado case makes clear that you should revise your will and make your status with your ex very obvious or risk a probate case after you die. As a firm that handles divorces and wills, we know how this can play out and ALWAYS advise our clients to update their estate planning documents after divorce. The following is a tale of woe that involves someone who did not follow this advice. Continue reading “Estate Planning: Protect Yourself From Accidentally Remarrying Your Ex And Leaving Them Everything!”
Estate planning is so important because it legalizes all of the most important decisions you can make regarding your family and property once you are gone as well as how you want to be cared for in an emergency.
Here are the estate planning documents you probably need.
Estate planning has become my favorite part of my practice. You may be thinking, Ugh, I don’t want to think about my death. Push pause on that one. Hit the snooze button.
Well, no. Don’t. The time to get this done is actually now.
The following is a guest post by Fran Myers who started a nonprofit called Advance Care Advocate to meet the needs of those without a health care advocate. She coaches families, acts as an agent (primary or secondary) and speaks for groups, organizations and churches.
A teen I know shared that when her dad died suddenly, no one knew how to talk with her about it. Her friends didn’t know what to say. Her story highlights the fact that we really don’t do well at communicating about this phase of the life cycle no matter how old we are and how hurtful that is. Continue reading “Why It’s Important To Talk End-Of-Life Before An Emergency”
If you die without a will, your property goes where the state tells it to go. Being will-less is called being “intestate.” Each state has its own intestacy statutes that determine what happens to your estate when you have no will.
However, not all property is covered by these statutes (or included in a will if you have one). This property will transfer to whoever you name as beneficiary or to a surviving co-owner. This includes proceeds from a life insurance policy, property you have already transferred to a trust, retirement account funds, such as 401(k)s or IRAs, property owned in joint tenancy with someone else, real estate held by beneficiary deed or by transfer-on-death, payable-on-death bank accounts, and securities held in a transfer-on-death account. Continue reading “Where Does My Property Go If I Die Without a Will?”
When you think it might be time for you and your significant other to consider a will or other estate planning options, there are several important questions that you’ll likely have. Below are 10 of the key questions you should consider when you’re preparing wills and estate planning. Continue reading “10 Key Questions for Couples Preparing Wills & Estate Planning”
Single adults who are not in a long-term relationship have unique estate planning concerns. If they are 18 and older, it usually makes sense for them to have estate planning documents in place.
YOUR DIVORCE: Colorado law automatically voids all appointments of and bequests to a former spouse in a will. It is critical that a divorced person prepares new documents that are wholly operational in this context. Continue reading “What Single People Should Know About Estate Planning”
When it comes time for couples to consider estate planning, there are several aspects of it that must be looked at and decided on. Below are 16 points of estate planning that you and your spouse may need to address, depending on your situation.
Preserving the Estate on the Second Death: If a spouse changes their will on a second marriage, it is possible that the children of the first marriage will not get anything. This happens because the first spouse’s children from a prior marriage did not inherit; their parent’s spouse got everything. That person may well remarry and leave everything to their new spouse, not to their stepchildren from a prior marriage. To avoid this problem, communicate, use a marital agreement, use life insurance, consider QTIP trusts.
Life Insurance: You may want to get a life insurance policy to protect your children from a prior marriage, naming them or a trust protecting them if they are minors, as the beneficiary of that policy. This way you protect “yours” from the scenario set forth in No. 1. Continue reading “Yours, Mine & Ours: Estate Planning for Married Couples”