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Author: PMiller

Trusts: Testamentary or Revocable Living?

Trusts: Testamentary or Revocable Living?

When planning your estate, selecting the right type of trust is essential for fulfilling your wishes distributing your assets according to your desires. Two common types of trusts are testamentary trusts and revocable living trusts. While both serve the purpose of managing and distributing assets, they have distinct differences in terms of creation, administration, and functionality. Understanding these differences can help you make an informed decision best suiting your estate planning needs. Testamentary Trusts A testamentary trust is created within…

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The Risks of Letting Courts Close Inactive Estates

The Risks of Letting Courts Close Inactive Estates

Colo. Rev. Stat. § 15-12-1009 allows for the closure of estates that have been inactive for three years or more without further accounting. Although this may seem like a convenient way to close an estate, since it requires no action from the personal representative or an attorney, it can lead to significant issues. To illustrate, here’s a closer look at this statute, especially section (3), and its potential pitfalls. Overview of the Statute Colo. Rev. Stat. § 15-12-1009 permits courts…

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Legal Tips for Landlords

Legal Tips for Landlords

Being a landlord comes with its share of responsibilities and risks. Protecting yourself legally can save you from potential disputes, financial losses, and significant stress. Here are key strategies to help safeguard your interests as a landlord: 1. Screen Tenants Thoroughly The first line of defense is ensuring you rent to responsible tenants. Conducting thorough background checks is essential. This includes: 2. Use a Comprehensive Lease Agreement A well-crafted lease agreement is your primary tool for protecting your rights. Your…

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How Marital Agreements Can Enhance Your Estate Plan

How Marital Agreements Can Enhance Your Estate Plan

When it comes to estate planning, couples often overlook the valuable role that marital agreements (or postnuptial agreements) can play. While traditionally associated with marital finances, postnuptial agreements can be powerful tools for couples looking to secure their legacy and protect their assets for future generations. Marital Agreement Estate Planning Strategies Marital Agreements Conclusion All in all, these types of agreements offer significant benefits for couples looking to enhance their estate planning strategy. By addressing financial, inheritance, and other important…

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Understanding: Member-Managed vs. Manager-Managed LLCs

Understanding: Member-Managed vs. Manager-Managed LLCs

Limited Liability Companies (LLCs) offer a flexible and appealing structure for entrepreneurs and small business owners. Among the important decisions when establishing an LLC is defining its management structure. This decision revolves around whether the LLC will be member-managed or manager-managed. As you will see a manager-managed LLC is the preferred management structure for almost all businesses. To grasp the disparities between member-managed and manager-managed LLCs, let’s delve into the distinctions, found in C.R.S. §7-80-405. Member-Managed LLC: When an LLC’s…

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