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If you’ve ever thought, “I don’t have enough to need an estate plan,” you’re not alone. But you may be making one of the costliest legal mistakes a family can face. At Legacy Law Group of Colorado, we’ve seen how this single error has cost families $50,000, $100,000—even more. Not because they made a bad choice—but because they made no choice at all.

The most expensive estate planning mistake? Thinking a simple will is enough.

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A Will Guarantees Probate in Colorado

Here’s what most people don’t realize: having a will means your estate will go through probate.

And probate in Colorado is:

• Public
  
  
• Time-consuming
  
  
• Expensive
  
  
• Emotionally draining
  
  

The moment you pass with only a will in place, your family is forced into court. The process to validate your will, appraise assets, settle debts, and distribute your property can take months—or years.

If your loved ones need money for a mortgage, tuition, or basic expenses, they could be left waiting while your assets are frozen in the court system.

What Probate Actually Costs

Let’s break it down:

• Attorney fees: 3–5% of the estate’s value
  
  
• Court costs and filing fees
  
  
• Possible bond requirements
  
  
• Time lost: Your family can’t access funds right away
  
  
• Emotional costs: Court disputes, stress, delays
  
  

If your estate is worth $500,000, your family could easily lose $15,000–$25,000 just to settle it through probate. Add in taxes, legal disputes, or business complications, and it’s easy to see how families lose over $100,000.

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Probate Isn’t Just Expensive—It’s Public

When an estate goes through probate, your will becomes part of the public record. That means:

• Anyone can see what assets you owned
  
  
• Family disagreements can become public disputes
  
  
• Opportunists can take advantage of the situation
  
  

If you care about your family’s privacy—or about avoiding unnecessary court involvement—probate is something to plan around, not walk into blindly.

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What Actually Avoids Probate: A Living Trust

A revocable living trust is the most powerful way to avoid probate altogether. When you set up a trust and fund it correctly:

• Your assets are owned by the trust—not you personally
  
  
• The trust controls distribution after your death
  
  
• Your loved ones receive their inheritance privately, quickly, and without court interference
  
  

And unlike a will, a trust doesn’t become public when you pass. Your financial affairs stay exactly that—private.

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But Here’s the Catch: A Trust Must Be Funded

We often see people set up a trust and then stop. But if your assets—like your house or your bank accounts—aren’t retitled into the trust, they’re still in your name. That means they go through probate anyway.

This is called an unfunded trust, and it’s one of the most common mistakes we correct.

At Legacy Law Group, we guide you through the trust funding process, including:

• Retitling real estate
  
  
• Updating beneficiaries
  
  
• Coordinating with your financial advisor or banker
  
  

Don’t Overlook Incapacity Planning

Probate isn’t only about death—it also affects what happens if you become incapacitated.

Without a durable power of attorney and healthcare directive, your family can’t make legal or medical decisions for you. They’ll have to go to court to be appointed as your conservator or guardian.

With the right documents in place, they can step in immediately, without stress or delay.

Learn more in our Estate Planning Services overview.

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For Parents, Probate Can Affect Guardianship Too

If you have minor children, not having a clear guardianship plan could mean the court decides who raises them. Without legally binding nominations and backup instructions, your kids could even be placed in temporary foster care.

Our Kids Protection Plan includes:

• Legal guardian nomination documents
  
  
• Emergency caregiver instructions
  
  
• Short- and long-term plans that work under pressure

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Tax Exposure: Another Silent Cost of Poor Planning

Even families with moderate wealth can face unnecessary estate taxes or capital gains taxes if they don’t plan correctly.

If your estate exceeds the federal exemption (which may decrease in 2026), your heirs could owe tens or hundreds of thousands to the IRS.

We help families use:

• Irrevocable trusts
  
  
• Charitable giving plans
  
  
• Lifetime gifting strategies
  
  
• Trusts with tax shelter provisions

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What About Digital Probate?

If your loved ones can’t access your passwords, crypto wallets, email accounts, or cloud storage, those assets may be lost forever.

We help clients catalog and secure access to:

• Digital banking
  
  
• Online business tools
  
  
• Photo and document libraries
  
  
• Subscription accounts
  
  

Digital assets are real assets—and they need to be protected too.

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What a Real Estate Plan Includes (Beyond a Will)

A complete, court-proof estate plan should include:

• ✅ Revocable living trust
  
  
• ✅ Pour-over will
  
  
• ✅ Durable financial power of attorney
  
  
• ✅ Healthcare directive and HIPAA release
  
  
• ✅ Guardianship documents
  
  
• ✅ Trust funding strategy
  
  

Optional additions may include:

• Irrevocable trusts
  
  
• Special needs provisions
  
  
• LLC or business succession planning
  
  
• Charitable remainder trusts
  
  

Already Have an Estate Plan?

That’s great—but if it hasn’t been reviewed in 3+ years, it may be outdated. Major life changes like divorce, marriage, new children, real estate purchases, or moving out of state require updates.

We offer estate plan reviews to identify legal risks, outdated clauses, and missing components.

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Probate Can Be Prevented—But Only If You Act Now

It’s easy to assume that “nothing will happen yet.” But that’s the mindset that leads to last-minute court filings, family arguments, and expensive outcomes.

Probate doesn’t have to be your family’s story. A living trust, funded correctly, can keep them out of court, out of conflict, and out of debt.

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🎥 Want to See What This Looks Like?

Watch the video – The #1 Estate Planning Mistake That Could Cost Your Family Over $100,000

You’ll see what probate really looks like, how much it can cost, and what smart families are doing to stay protected.

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Ready to Avoid Probate?

Schedule a consultation with Legacy Law Group of Colorado
Let’s create a plan that works while you live—and protects after you’re gone.

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