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Category: Estate Planning

Estate Planning

Back In School Estate Planning

Back In School Estate Planning

As children are back in school for the 2021-2022 school year, they look forward to a time of new beginnings and friendships; new goals and dreams; as well as new supplies, clothes, and shoes. Unfortunately, the delta variant has also made it a time of renewed caution. Last year I posted back to school article on the importance getting an medical power of attorney and HIPAA release. It’s just as important now as it was then. Especially if you’re working…

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Disinherited Spouse And The Elective Share

Disinherited Spouse And The Elective Share

In Colorado, you can not disinherit a spouse. A surviving spouse omitted or disinherited from a will still has property rights in the estate. Sometimes omitting a spouse is intentional, sometimes negligent. Colorado law entitles a spouse to receive an elective share of the estate or to take against the will. Depending on the length of the marriage, the surviving spouse’s share is between 5% and 50% of the augmented estate. A spouse is defined as someone who is a…

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Joint Wills – Just Say No.

Joint Wills – Just Say No.

Once in a while a married couple will ask me about joint wills. A joint will is a single document signed by two people, usually leaving all of their assets to each other. When the surviving spouse dies the assets are then left to the children. Seems simple, and the easiest way draft an estate plan. This strategy it’s almost always a never a good idea. Problems with Joint Wills Since joint wills are binding contracts between two people, it…

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Succession Planning and Estate Plans

Succession Planning and Estate Plans

As a business owner part of your business plan should be planning for when your not around. A succession plan for your business should be on your bucket list. Make a plan and write it down. Whether you’re a solopreneur, a member of a LLC, or shareholder of a closely held corporation; I recommend before creating an estate plan for yourself before you create a succession plan for your business. If you’re business is a single member LLC, or a…

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Electronic Wills In Colorado

Electronic Wills In Colorado

Since January 2021, electronic wills or e-wills are valid in Colorado. The Colorado Uniform Electronic Wills Act allows for remote signing and witnessing of wills. Ordinarily, a person signs their will in front of a notary and two witnesses. This routinely happens at the attorney’s office, or sometimes at the signer’s home. During the pandemic however, this became increasingly challenging because of social distancing, limits on gatherings, as well as office closings. It just so happened, prior to COVID-19 a…

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