Date:
February 25, 2026
Author:
Anastasia Fainberg
/
Founder & Managing Partner
The plan is signed. The binder is on the shelf. Life moves on. And that’s exactly how a good plan quietly breaks.
You didn’t do anything “wrong.” But life changes fast: new homes, new babies, new businesses, new marriages, aging parents, divorces, relocations… If your documents don’t evolve with you, your family can end up confused about who’s in charge, what you wanted, and what happens next.
In this article, I’m going to give you a calm, realistic maintenance schedule: what to review annually, what to revisit every few years, and what life events should trigger a check-in. This way, your plan stays aligned with your real life in Colorado.
Why Colorado Estate Planning Requires Ongoing Maintenance
Colorado treats your plan like a set of instructions. But life keeps rewriting the story.
A will can be valid and still be outdated. A trust can exist and still be unfunded. A beneficiary form can override what your documents say. A decision-maker you trusted five years ago might not be the right person today. A new asset can quietly fall outside the plan.
Denver families also have a very real “home factor.” Per the Census Bureau, in Denver County, the median value of owner-occupied housing units (2019–2023) is $586,700, which means many families’ biggest asset is the house.
Pro Tip: If you’re Googling Denver estate planning attorney, don’t just ask “Do I have documents?” Ask “Would my documents still work if something happened this month?”
Case Study: Megan - New Home, New Baby, Old Beneficiaries
Megan is a Denver mom with a busy, normal life. She and her husband created a simple plan years ago: basic will, powers of attorney, and a trust they intended to use “one day.” Then life happened: they bought a new home in a different neighborhood, had a second child, she changed jobs and opened a small side business that grew faster than she expected.
When Megan came in for a review, the documents weren’t “bad.” They were just frozen in time.
The trust wasn’t funded the way they assumed it was. Old beneficiaries were still listed on retirement accounts. And the guardians they named years ago were no longer the people they would choose today.
This is what I mean when I say plans fail quietly. Nothing explodes in your face today. The risk is that your family discovers the gaps in a moment when they’re already overwhelmed.
The Estate Planning Maintenance Schedule Your Attorney Wants You to Follow
Here’s the schedule I recommend to many Colorado families. It’s not about perfection. It’s about staying current.
A simple review cadence
Next, you're going to want to do a quick audit of your plan, just to be safe.
The annual “quiet audit” (quick but powerful)
- Check your beneficiary designations.
- Confirm your agents (medical and financial) still fit your life.
- List any new assets you acquired this year.
- Look at your real estate: how it’s titled, and whether it matches your plan.
- Review any business changes: new partners, new revenue, new risk.
That annual check is often what prevents court involvement and family confusion later.
In Colorado, so many of us are building layered lives. We’re raising kids, caring for parents, juggling careers and side businesses. We’re trying to do the responsible thing without living in paperwork.
As a mom, I understand the desire to “finish it” and move on. As a daughter, I understand how quickly caregiving can arrive without warning. And as an attorney, I can tell you this gently: a plan that isn’t maintained is often harder on families than no plan at all, because people assume it will work, and they act on that assumption.
Key Legal Pieces to Recheck With Your Estate Planning Lawyer
- Beneficiary designation: A form on an account that names who receives it. If it’s outdated, the wrong person can receive the asset, even if your will says something else.
- Trust funding: Moving assets into the trust (or naming the trust as beneficiary). If you don’t fund it, your trust attorney may have built a great vehicle that never leaves the driveway.
- Durable financial power of attorney: The person who can act for you if you can’t. If your agent is no longer the right fit, your loved ones may face delays when they need speed.
- Medical power of attorney: The person who can make healthcare decisions for you. If it’s missing or outdated, your family can feel powerless in the moments that matter most.
- Guardianship nomination: Your written choice of who should raise your kids if you can’t. If it’s outdated, you risk leaving the decision to a judge who never met your child.
- Real estate titling: How your home is legally owned. If the title doesn’t match your plan, your family may face Colorado probate when they expect privacy and simplicity.
Colorado Has a Plan If You Don’t Maintain Yours
The bottom line is simple. Your plan is either current enough to guide your family, or it becomes background noise while default rules and paperwork take over.
Here’s the contrast I want you to hold onto:
And if you’re wondering why probate avoidance even matters, Colorado probate cases (informal or formal) must be open with the court for at least six months, and administration can take longer. Maintenance is one of the ways families reduce the odds of unnecessary court involvement.
Common Misconceptions / Myths
Myth #1: “Once I signed it, I’m covered.”
Signing is the beginning. Maintenance is what keeps it true.
Myth #2: “My will controls everything.”
Some assets pass by beneficiary form or title. That’s why a beneficiary audit matters.
Myth #3: “We don’t have enough assets to worry about this.”
Most Denver families’ “big asset” is the home. A plan that protects real estate and reduces confusion is not just for the wealthy.
Myth #4: “My spouse will automatically be able to handle everything.”
Sometimes, yes. But not always quickly, and not always across every type of account or decision.
Myth #5: “If I have a trust, I’m automatically avoiding probate.”
Only if the trust is properly funded and coordinated. A living trust attorney can help you confirm the trust is actually doing its job.
Why This Really Matters
I’ve sat with families who did “the right thing” years ago. And they’re shocked to learn that one outdated form, one untitled asset, or one missed update can change the entire experience for their spouse or kids.
The goal isn’t to obsess over paperwork. The goal is to protect your people from uncertainty.
As I often tell families, it’s not about money. It’s about the people you love.
How to Start
- Put a recurring “estate plan review” on your calendar each year.
- List the big life changes since your plan was signed.
- Pull up every beneficiary designation you have and confirm it matches your intent.
- Make a simple list of assets you acquired since your last review (home, accounts, business interests).
- Schedule a check-in with an estate planning attorney if you’ve had a major life event or it’s been three years.
If you want a built-in system, ask us about our Client Care Program and LIFT approach, so your plan doesn’t sit still while life keeps moving.
Frequently Asked Questions About Updating An Estate Plan In Colorado.
1. How often should I review my estate planning documents in Colorado?
I recommend a quick annual audit, plus a deeper review every three years. If you’ve had a major life change, new home, new baby, divorce, business change… review sooner.
2. What life events should trigger an update with an estate planning lawyer?
- Marriage or divorce.
- Birth or adoption.
- Buying or selling a home.
- A major change in wealth or insurance.
- A serious diagnosis.
- A business restructure or new partner.
3. Do beneficiary designations really override my will in Colorado?
Often, yes. Retirement accounts and many life insurance policies pass by beneficiary form, not by the will. That’s why we treat beneficiary audits as part of real estate planning services.
4. If I have a trust, do I still need updates?
Yes. Trusts need coordination, especially when you buy new assets or change accounts. That’s why a trust attorney will ask, “Is the trust funded the way you think it is?”
5. What’s the difference between updating a will and updating a trust?
A will is often simpler to amend, but it still needs to match your life. A trust update can also include funding, titling, and beneficiary coordination. Your trust and estate attorney should review the whole system, not just one document.
6. What if I moved to Colorado from another state?
Your documents may still be valid, but they may not be optimized for Colorado rules and procedures. It’s worth a review with a Denver attorney so you’re not relying on assumptions.
7. Can updating my plan help my family avoid probate?
It can reduce the chances of unnecessary probate exposure by aligning titles, beneficiaries, and trust funding. And even when probate is needed, clarity often reduces delays and stress.
8. I’m a small business owner, what should I maintain?
Confirm who can run the business if you’re incapacitated. Review your operating agreement, succession plan, and who inherits your business interest. This is where estate planning attorneys can help you protect both the business and the family.
9. How much does it cost to keep a plan updated?
It depends on what needs updating and how complex your assets are. Some families prefer an ongoing program model so reviews and routine updates don’t become a big project every decade. Legacy Law’s Client Care Program is designed for that kind of long-term relationship.
Closing Reflection
A good plan should feel like a steady hand on your family’s shoulder, not something you draft once and hope holds up forever. If you want a plan that stays aligned with your real life, your home, your kids, your caregiving responsibilities, your business… maintenance is the loving, practical step that keeps it working.
Don’t leave your family’s future to chance. Schedule your consultation with Legacy Law Group Colorado today and take the first step toward peace of mind.
