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Category: Estate Planning

Estate Planning

Why Probate Still Matters: Even With a Revocable Trust

Why Probate Still Matters: Even With a Revocable Trust

One of the most persistent myths in estate planning is the idea that having a trust means your estate will not go through probate. That statement is repeated so often online that it feels settled. It is not. In practice, and in Colorado specifically, every estate should expect some level of probate involvement, whether a revocable trust exists or not. As both an estate planning attorney and a probate attorney in Colorado, my position is straightforward: your estate should be…

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Is Your Estate Plan Complete; and Still Up to Date?

Is Your Estate Plan Complete; and Still Up to Date?

Many people assume estate planning is a one-time task. You sign the documents, put them in a folder, and move on. In reality, a well-designed estate plan is something that should evolve as your life, family, and finances change. Whether you already have an estate plan in place or you’re just beginning the process, understanding the essential documents—and knowing when to review them—can save your family time, expense, and unnecessary stress. The Core Documents of a Solid Estate Plan A…

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What Does a Survivorship Clause Mean in a Colorado Will?

What Does a Survivorship Clause Mean in a Colorado Will?

When clients review their draft wills, one of the most common questions I hear is: “What does the survivorship clause actually do?” It’s a fair question. The wording can feel a little dense, but the concept is straightforward once it’s unpacked. Colorado’s Default Rule: The 120-Hour Survival Requirement Colorado follows the Uniform Probate Code, which says a beneficiary generally must outlive you by 120 hours (five days) to inherit. If someone passes away within that window, the law treats them…

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Why You Can Transfer Your Mortgaged Home Into a Trust

Why You Can Transfer Your Mortgaged Home Into a Trust

If you’ve ever looked into creating a living trust, you’ve probably heard that your mortgaged home can (and usually should) be titled in the name of your trust. But if you have a mortgage, you might wonder, will that transfer violate the loan agreement or trigger the lender to call the loan due? That’s where the Garn St Germain Depository Institutions Act of 1982 comes in. This federal law quietly makes it possible for homeowners to move their residence into…

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You Have a Power of Attorney for Your Parent: Now What?

You Have a Power of Attorney for Your Parent: Now What?

If you’ve taken the step of getting a financial power of attorney (POA) in place for a parent, you’ve already done something important. A POA allows you to help manage your parent’s finances if they become unable to do so—or even just need a hand as they age. But many adult children walk away from signing the documents and wonder: Now what? Here are some practical steps you can take to make sure the POA is actually usable when the…

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