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Tag: Probate

How to Disclaim an Inheritance

How to Disclaim an Inheritance

Oh God no! I don’t want that. Sometimes, folks inherit things they don’t want. There’s various reasons why someone would want to disclaim their inheritance. For many, it’s more practical to refuse an inheritance than to accept it. Disclaiming an inheritance is when someone gives up their rights to inherit the assets under a will or through intestacy. In Colorado, it’s an easy process to disclaim an inheritance. Remember as a rule, disclaiming an inheritance is irrevocable. All refusals are…

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The Tale of the Unfunded Trust

The Tale of the Unfunded Trust

About fifty percent of the trusts that come across my desk are unfunded. Funding a trust simply means placing assets in a trust. Either by creating accounts to hold assets or by making the trust the owner of assets through titling Funding Trusts is essential to having a trust. Actually, I believe it’s the most important part of having since a trust. Since, an unfunded trust is not a trust at all, but rather a stack of papers. Here’s a…

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To Trust or Not To Trust

To Trust or Not To Trust

Under the appropriate circumstances, a revocable living trust is the perfect estate planning document. Sometimes, however they can be overkill or underused. Whether a trust is the right document for you depends much upon your assets and family circumstances. Also much depends on whether you as the maker and trustee are willing and able to do so. Here’s some things to consider before using one in your estate plan. A Trust Is Not A Will Replacement If you have a…

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Don’t Be Afraid of Estate Planning…

Don’t Be Afraid of Estate Planning…

All work and no estate plan makes Jack a dull boy. All work and no estate plan makes Jack a dull boy. I know estate planning ranks right up there with having a root canal. But, I do my best to make going through the haunted hotel of estate planning as painless as possible. The most difficult part for many is starting. And getting started is as simple as scheduling an initial consultation. During our consultation, I’ll ask you what…

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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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