Colorado Estate Planning Common Questions
Estate Planning FAQs: Plain-English Answers for Colorado Families
Estate planning can feel overwhelming, especially if you’re not sure where to start or what documents you actually need. That’s why I’ve compiled answers to some of the most frequently asked questions I hear from clients across Colorado. Whether you’re wondering if you need a will or a trust, how powers of attorney work, or what to consider when naming guardians, these FAQs are designed to give you clear, Colorado-specific guidance—no legal jargon, no pressure. Just helpful info so you can make confident decisions for yourself and your family.
Do I need a trust or is a will enough?
That depends on your goals. A will is a great tool for ensuring your wishes are followed after death, but it usually requires probate—a court process that can take time and add stress to your family. A revocable living trust, on the other hand, allows your estate to bypass probate, which often means faster and more private administration. If you have minor children, own property in multiple states, or simply want more control over how and when your assets are distributed, a trust may be the better option.
To help you get a head start, you can complete my quick Estate Planning Self-Assessment to see which option might be a better fit for your situation. Then, during our consultation, we’ll walk through your unique goals and help you make the best choice for your family.
What if we name the wrong guardian? Can we change it later?
Yes, you can absolutely make changes. Life changes, and so should your plan. Maybe someone moves away or your relationship with a potential guardian evolves. You’re never locked into your first decision. In fact, we encourage clients to review their guardianship choices regularly and update them as needed. The goal is to give you peace of mind knowing that the person caring for your kids is the right fit for the future—not just today.
Will my plan avoid probate?
If you create and properly fund a trust, yes—it can avoid probate entirely. That means your loved ones won’t need to go to court to distribute your assets. A will alone, however, must go through probate. We’ll explain exactly what assets are subject to probate and show you how to structure your plan to minimize court involvement and reduce stress on your family.
Are our kids protected if something happens to us?
Yes. We design your estate plan to prioritize your children’s wellbeing. That includes naming guardians, creating a trust to manage assets for their benefit, and specifying when and how those assets can be used for things like education, healthcare, and basic living expenses. We also include protections to ensure your kids don’t inherit everything at once when they turn 18.
How much does it cost? Are there hidden fees?
We’re completely transparent about pricing. You can see our pricing information here. Our packages include your customized documents, attorney guidance, and all signing logistics. You won’t get a surprise invoice later. We believe clear, flat-fee pricing makes it easier to plan and move forward with confidence.
What’s the difference between a will and a trust?
- A will only takes effect after you pass away and typically requires probate. A trust, by contrast, can take effect as soon as it’s signed and funded. It holds your assets for your benefit while you’re alive and distributes them according to your instructions when you’re gone without court involvement. Trusts also provide more privacy, flexibility, and control. We’ll explain both so you feel confident in your choice.
How do we stop our kids from inheriting everything at 18?
We use a trust to stagger distributions. For example, the trustee can manage money for your child’s needs (like education or housing), while delaying full access until a more mature age—like 25 or 30. You can also set milestones (like graduating college) or request that your child demonstrate financial responsibility before receiving larger sums.
What if we have assets in other states?
Owning property or accounts in other states can trigger multiple probate proceedings, which can be costly and time-consuming. A trust-based plan can prevent this by allowing your assets to transfer smoothly no matter where they’re located. We’ll show you how to title things correctly to keep everything streamlined.
How do we protect our home for our kids?
One option is placing your home into a trust, so it transfers automatically to your chosen beneficiaries without going through probate. We can also explore beneficiary deeds, joint ownership structures, and other tools depending on your goals. Our priority is keeping the process simple and stress-free for your loved ones.
Can we leave different amounts or set conditions?
Yes. Your estate plan is entirely customizable. If you want to give more to one child due to special needs or less to another for personal reasons, we’ll help you document that clearly to avoid conflict. You can also require certain conditions be met before distributions are made—such as finishing school or avoiding substance abuse.
How often should we update our plan?
We recommend reviewing your estate plan every 3 to 5 years or whenever there’s a major life event: marriage, divorce, birth, death, a big move, or financial changes. We also include free updates for 90 days after signing in case something comes up quickly.
Will this affect our taxes?
For most families, estate planning won’t trigger additional taxes. Colorado has no estate tax, and the federal estate tax exemption is very high. But we’ll talk about potential tax implications related to IRAs, capital gains, and inherited property, and help you structure your plan to reduce unnecessary taxes when possible.
Who handled everything when we’re gone?
You’ll name someone you trust—a personal representative for a will, or a trustee for a trust—to carry out your wishes. We help you choose someone reliable, explain their responsibilities, and provide backups in case your first choice isn’t available. Your plan will be clear and easy to follow.
How long does this take?
Most estate plans are wrapped up within 5-7 weeks from the date of your consultation. If you’re on a tight timeline due to travel, surgery, or other urgent needs, we may be able to expedite the process. You’ll receive clear steps and updates along the way so you’re never left wondering what’s next.
What if our chosen guardian or trustee can’t serve?
You’ll list alternate choices in your plan. If your first pick can’t serve due to death, illness, or a change in circumstances, your backups will step in. We’ll help you choose people who are trustworthy, capable, and likely to be around when needed. Planning for contingencies gives your family stability no matter what.
What happens if I die without a will in Colorado?
If you die without a will, you are considered to be “intestate”. When this happens, the will that Colorado law has written for you dictates decisions like who is entitled to what and who has priority to be the personal representative.
Can I change my will?
Absolutely! Your will may be amended or revoked at any time, as long as you are of sound mind and not being inappropriately influenced by another person. To update your will, you should never write directly on the original, but instead should create a codicil or an entirely new will, depending on the type of changes you want to make. Writing new clauses or scratching out sections in your original document will create uncertainty and may result in increased court involvement and potential litigation.
I created a will in another state. Will Colorado follow it?
If you moved to Colorado, it’s a good idea to have your will reviewed by an attorney. While Colorado law recognizes wills from other states that were properly executed in that state, there are other factors that could affect your will, including community property issues, differing rules about the disposition of personal property, and local rules regarding spousal and dependents’ rights.
Still have questions? We’d love to help. Schedule your free consultation to get answers specific to your situation.
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This website includes information about legal issues. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on your specific legal problems.