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Category: Estate Planning

Estate Planning

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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Estate Tax Exemption Doubled—Permanently: What This Means for You and Your Family

Estate Tax Exemption Doubled—Permanently: What This Means for You and Your Family

Back in 2018, I began telling folks the doubled estate tax exemption under the 2017 Tax Cuts and Jobs Act (TCJA) wasn’t going anywhere. Despite all the hand-wringing over the scheduled 2026 sunset, I remained confident that Congress would find a way to preserve the higher threshold. Now it’s official. Starting January 1, 2026, the federal estate, gift, and generation-skipping transfer (GST) tax exemptions will be permanently set at $15 million per individual. That’s double the previous baseline and a…

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Overriding a Living Will via a Medical Power of Attorney

Overriding a Living Will via a Medical Power of Attorney

In Colorado, a Medical Power of Attorney (MPOA) grants an agent the authority to make healthcare decisions on behalf of the principal. Unlike a Living Will, which provides specific instructions regarding life-sustaining treatment, an MPOA allows an appointed agent to make decisions in real time based on the principal’s medical condition and available treatments. Under Colorado law, an MPOA agent has the ability to override the instructions outlined in a Living Will. While this flexibility can be beneficial, it also…

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