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Tag: wills

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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A Letter of Last Instructions: A Will’s Best Friend

A Letter of Last Instructions: A Will’s Best Friend

Don’t overlook this important piece of your estate planning. The letter of last instructions gives your personal representative, as well as your family, details they’ll need to settle financial matters, and resolve your final wishes. Although, it’s not legally binding, it’s an invaluable resource to your loved ones. It provides final wishes not covered in your will, as well as contact information, they’ll need to close accounts and settle your matters. What To Write Often, a letter of last instructions…

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Estate Planning and Social Distancing

Estate Planning and Social Distancing

Prior to social distancing my firm’s procedure for drafting and finalizing a client’s estate plan went something like this. I met with clients a first time to gather information; then created a first draft of their documents; next I met with them again to review their documents; and lastly I met with them a third time to finalize their estate plans. If the stay-in-place order has forced you to address “what if” scenarios which were previously unthinkable. So, after you’ve…

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Blended Families & Estate Planning: Yours, Mine, Ours

Blended Families & Estate Planning: Yours, Mine, Ours

Every remarried couple with a blended family needs to redo their estate planning documents. Besides updating your will, here are some things you should consider when reviewing your estate plan. Guardianship Plan In the event of your death, your children will go to their biological parent. If however, the biological parent is not capable of taking care of the children, now or in the future, it’s best to update your guardianship appointment documents. Additionally, if you believe it is not…

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