Lakewood Estate Planning Attorney

Many assume only the wealthy need estate planning, but if you have specific wishes for asset distribution, minor children, or concerns about retirement and long-term care, an estate plan is essential. Beyond asset distribution, estate planning can designate guardians, protect loved ones with special needs, outline your health care and financial preferences, and provide financial security for retirement.

A Lakewood estate planning attorney can assess your financial situation and offer strategies to safeguard your future and support your goals. Protect yourself and your family today. Contact Colorado Estate Matters at (303) 713-9147 for a personalized consultation.

The Lakewood community trusts us to provide sound advice

When you create an estate plan, choose an estate planning firm you can trust. Colorado Estate Matters works with families like yours across the Denver metro area and the state, getting to know you, what’s most important to you, and where you want to go.

We’re a local, tight-knit team of attorneys focusing on estate planning in Lakewood, CO. We’re from the Denver area and have spent our careers creating the right estate plan for each client.

Our exclusive focus on estate planning, probate, trust administration, and probate and trust litigation sets us apart from other jack-of-all-trades firms. This, combined with decades of experience drafting estate plans, guiding clients through probate, and litigating challenges, uniquely qualifies our firm.

As a local law firm, we’re your friends and neighbors. We care about you, your family, and your future. Contact us at (303) 713-9147 to get started.

See what our satisfied clients have to say

“You addressed the special needs of my end-of-life concerns with understanding and knowledge of community resources which have been included in my living will. The entire process was efficiently concluded, which reflects well on your legal services and gives me confidence that my wishes will be carried out.”

Estate planning in Colorado and your legal options

Estate planning lets you control how your assets are distributed and ensures those you care about are protected after you pass. It also empowers you to appoint someone you trust to manage your medical and financial decisions if you’re incapacitated rather than leaving these choices to courts or unfamiliar doctors.

A Lakewood estate planning attorney can guide you if you’re missing a part of your plan or need updates due to life changes. Estate planning allows parents to name guardians for minor children and create Special Needs Trusts to support loved ones with disabilities without risking their benefits. Proper planning also helps reduce potential tax burdens, preserving more for your heirs.

With support from our legal team, you’ll know how to make informed decisions that align with your wishes.

Related article:

What are the essential documents for estate planning?

We’re here to help you protect everything you’ve worked so hard for

Our skilled attorneys can help you with some of these crucial pieces of a comprehensive estate plan.

Wills

A will is a legal document outlining your wishes to distribute your estate after passing. Without one, Colorado’s intestate succession laws dictate how your assets are divided. We draft legally valid wills, ensuring you meet all requirements: being at least 18, of sound mind, and signing and dating the document. Our attorneys can serve as witnesses and offer notarization for added security.

Trusts

Even with modest assets, a trust can be beneficial. A trust allows you to transfer ownership of assets to a third party (the trustee), who manages them for the beneficiaries according to your wishes. Trusts can include money, real estate, or both, and the trustee has a duty to manage these assets responsibly.

Our firm creates various trusts, including:

Revocable Living Trusts: The grantor retains control of assets.
Irrevocable Trusts: The grantor gives up control of the assets.
Disability Trusts: Specifically designed to support individuals with special needs without affecting their eligibility for government benefits.

Durable Power of Attorney

A Durable Power of Attorney (POA) allows you to appoint an agent to make health care and financial decisions on your behalf if you’re unable to do so. A POA can advocate for your health care preferences and manage your assets per your instructions. Without a POA, a Colorado court may take control, potentially making choices that don’t align with your values.

A POA can also handle financial transactions, including real estate. You can appoint different individuals for health care and financial matters. Colorado Estate Matters can provide guidance on POA powers and draft a POA that reflects your wishes, including any limitations you specify.

Resource and related articles:

Powers of Attorney – American Bar Association
Mistakes to avoid when developing a Power of Attorney

Beneficiary designations

A will isn’t the only legal vehicle for passing assets to heirs. A beneficiary is someone who will receive a specific asset, such as a 401(k) account, life insurance benefit, or other account upon your passing outside of a will.

You may be familiar with beneficiary designations for your insurance plans, but some other accounts and assets can pass directly to your appointed beneficiary, bypassing probate.

If you don’t assign a beneficiary to certain assets, a Colorado probate court may determine the fate of those funds. The beneficiary may not be who you wish. You may also opt for a trust to be a beneficiary of certain assets so the trustee can manage the assets on the beneficiary’s behalf.

Letter of intent

A letter of intent is often left with a will. It’s a document that outlines your wishes after you pass away, such as a funeral, burial details, or other special requests. Some people use a letter of intent to state their wishes for a particular asset, such as leaving objects of sentimental value to a specific loved one.

Although a Letter of Intent may not be legally valid, it does guide the executor of your will. It can also help a probate judge better understand your intentions should your will be challenged, or the distribution of particular assets be in dispute.

Guardianship designations

We noted that a will can include a guardian designation for a minor child or children. Selecting a guardian for them if both parents are deceased can make a big difference in your peace of mind. Make sure that you and the child’s other parent agree and that your chosen guardian is someone you trust to raise your child according to your beliefs and values.

Without a guardianship designation, the court may rule that your child lives with their closest kin, who may be a family member you would not prefer. In extreme cases, your child could end up as a ward of the state.

Does your estate plan contain all of these?

Comprehensive personalized estate planning services from Colorado Estate Matters

Our experience matters. Led by firm founder and head attorney Justin W. Blow, our attorneys focus on the well-being of our clients, offering guidance and legal protections for their assets, heirs, and real property. We also support your decisions and create sound legal protections to ensure your wishes are followed.

Estate planning decisions can be very personal and difficult. You’re in a judgment-free zone when you choose us for estate planning in Lakewood. You won’t be overwhelmed with cold marble and a maze of offices. Instead, you’ll meet your attorney comfortably and be heard and supported. We’re friendly and down-to-earth, with personalized advice based on sound Colorado estate law and our decades of combined experience.

Frequently asked questions about estate planning in Colorado

Our legal team answers common questions about our Lakewood estate planning services.

Do I need both a will and a trust?

You can benefit from both depending on your estate planning and financial goals. Wills distribute your assets after you pass away, but a trust can help you better benefit from your assets while you’re still alive. Trusts can help avoid probate and permit faster distribution of assets to a beneficiary or secondary beneficiary.

Who should I choose as an executor of my will?

The executor of your will should be someone capable and willing to fulfill the fiduciary duties of an estate administrator. If you do not have someone close to you who you trust or who can assume this responsibility, consider choosing an estate planning attorney to act in this role. Our estate planning lawyers have extensive experience acting for our clients and ensuring everyone follows the direction of their wills.

Are there ways to protect my assets from creditors through estate planning?

Yes, our attorneys can offer several strategies to protect your assets, such as an irrevocable trust to shield all of its contents from being seized by creditors. Other ways to protect your assets from creditors include contributing money to retirement accounts and directly gifting assets to your heirs.

Do you know what will happen to your assets after you pass?

For comprehensive estate plans that protect everything—and everyone who matters to you—turn to the team at Colorado Estate Matters. We work with you to protect your heirs, manage your assets, and develop a firm plan. This way, you’re prepared and protected no matter what the future throws at you.

What is probate in Colorado?

Probate in Colorado is the legal process by which a deceased person’s assets are distributed and their debts are paid under court supervision.

When is probate necessary in Colorado?

Probate is typically required when a person dies with assets solely in their name, and those assets exceed a certain value, or there’s any real estate. The threshold amount changes over time, so checking the current limits is essential.

How do I start the probate process in Colorado?

To initiate probate in Colorado, you need to determine if formal probate is required, and then file an Application or a Petition (as well as the necessary ancillary documents) with the appropriate court, depending on the circumstances.

What assets are subject to probate in Colorado?

Generally, assets that are solely owned by the deceased, such as real estate, bank accounts, and personal property, are subject to probate. Jointly owned assets with rights of survivorship, assets held in a trust, and assets with designated beneficiaries typically bypass probate.

How long does the probate process take in Colorado?

The duration of probate in Colorado can vary depending on the complexity of the estate and any disputes that may arise. Often it takes a year or more to complete.

What are the costs associated with probate in Colorado?

Probate costs in Colorado can include court fees, attorney fees, personal representative fees, and other administrative expenses. These costs can vary based on the size and complexity of the estate.

Can I avoid probate in Colorado?

Yes, there are strategies to avoid probate in Colorado, such as creating a revocable living trust, using beneficiary designations on assets like life insurance policies and retirement accounts, and jointly owning property with rights of survivorship.

What are the rights and responsibilities of a personal representative in Colorado?

The personal representative (executor or administrator) is responsible for managing the estate, paying certain debts and taxes, and distributing assets to beneficiaries in accordance with the law and the deceased person’s will (if one exists).

How are disputes handled in Colorado probate cases?

Disputes in Colorado probate cases can be resolved through mediation, negotiation, or litigation in court if necessary. Common disputes may involve the validity of the will, claims by creditors, or disagreements among beneficiaries.

Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.

Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.
It’s essential to consult with an attorney or legal professional experienced in Colorado probate law to get accurate and up-to-date information and guidance on your probate matter.