Archive for the ‘Estate Planning and Probate Articles’ Category

Using Joint Tenancy as an Estate Planning Technique – Some of the Hazards

Tuesday, March 29th, 2011

Many consider holding property as joint tenants with right of survivorship to be a good substitute for a Colorado estate plan that also avoids Colorado probate.  It is true that it can avoid probate in Colorado, but there can be some severe and adverse consequences if not thought out properly. Wrong Recipient: Mom, who is [...]

5 Reasons to Have a Colorado Estate Plan

Monday, March 28th, 2011

Without a comprehensive Colorado estate plan, the state of Colorado will control the following – Without a Colorado Living Trust or Colorado Will, Colorado law controls who receives your assets and when; Without a Living Trust or Financial Power of Attorney (General Power of Attorney), a Colorado Conservatorship proceeding is required and the judge will determine who handles your [...]

A Colorado Estate Planning Horror Story

Monday, March 28th, 2011

Really understanding your entire estate plan is crucial to enabling you to know your wishes will be followed in a seamless and cost-effective process upon your passing. An illustration of a poorly executed estate plan can be demonstrated by the recent story of Mary Robbins, a Colorado Springs resident.  Apparently in 2006, she entered into a contract with Alcor Live Extension [...]

Colorado Guardianships and Colorado Conservatorships

Sunday, March 27th, 2011

In the February 21, 2010, Denver Post article “Who’s Protecting the Unprotected,” David Olinger reports truly sad but very real stories of what can happen when the courts cannot adequately oversee the affairs of an individual when a court has appointed a Guardian or Conservator to protect such person.  The Colorado courts appear to be grossly underfunded to [...]

How to Avoid Colorado Probate

Monday, March 14th, 2011

What is Asset Protection

Monday, March 14th, 2011

What’s New About The New Colorado Living Will

Monday, March 14th, 2011

Does Colorado Have An Estate Tax

Monday, March 14th, 2011

Based on federal legislation known as the Economic Growth and Tax Relief Reconciliation Act (“EGTRRA”) that Congress enacted in 2001, the Colorado Estate Tax disappeared in 2005.  The reason the Colorado Estate Tax vanished is due to how Colorado’s Estate Tax law was drafted.  Colorado has what is known as the “pick up” tax.  Prior [...]