Wills and Trusts Attorney in Denver

‍

A will tells the court what you want done with property that passes through your estate. A living trust can tell someone how to manage property you put into it, both during your life and after you die. Which documents fit depends on what you own, how it’s held, and what you want for the people you’re planning for.

If you’re unsure where to begin, pull out your current deed, a recent account statement, or any beneficiary confirmations you can find. You don’t need every record before we talk. Tell us what brought you here, and we can help you sort out what matters first.

Request a consultation, review what affects estate planning fees, or watch our will versus trust explainer before you meet with us. Already have a trust? Our trust funding guide explains which records to check.

‍

Why Wills and Trusts Matter in Colorado

Think about two moments: when you can’t make a decision yourself, and after you die. Your family may need different instructions for each.

• If you own a home, check whose name is on the deed and how ownership is listed.
• If you have young children, think about who could care for them and who could manage money for them.
• A plan can clarify who makes decisions and how property should pass. Ask which assets may still need probate and whether the plan raises separate tax questions.

Colorado’s default inheritance rules may apply to property that passes through your estate. Property held jointly or with a beneficiary designation may follow a different route. Review both when deciding what your plan needs to cover.

You can start with a short list: who needs your support, what property you own, and who you’d trust to act if you couldn’t. That’s enough to begin a useful conversation.

‍

What Happens Without a Will or Trust in Colorado?

If you pass away without an estate plan:

• No Will: Colorado’s default rules may apply to assets that pass through your estate.
• No Trust: Whether probate is needed depends on the assets, how they are owned, and the procedures that apply.
• No Guardianship Documents: You may miss the opportunity to record whom you would nominate and why.
• No Powers of Attorney: Your family may need to find another way to get authority for particular decisions.
• No Tax Strategy: Ask your advisers whether your assets, gifts or business interests raise any tax questions.

Bring your concerns to the first meeting. We can review which decisions your documents should address and what may need separate follow-up.

‍

Who Needs a Will and Trust in Denver?

Parents of Minor Children – Name a preferred guardian and plan how money could support your children. Ask what steps would be needed for your chosen person to act.

Homeowners and Real Estate Investors – Bring current deeds and ask how each property is owned, how it could pass, and whether any change needs separate review.

Blended Families – Ask how to support a spouse or partner while setting aside what you intend for children from an earlier relationship.

Business Owners – Bring any operating or ownership agreement. It may affect who can run the business or receive an interest in it.

High-Income or High-Net-Worth Individuals – Ask whether gifts, business interests or complex assets require coordinated estate, tax or financial advice.

Elderly Adults and Those with Health Concerns – Decide who could help with bills or medical decisions. Ask separately what long-term care planning would involve.

Digital Asset Owners – Make a list of important digital accounts or property and discuss how the right person could get lawful access. Keep passwords out of the worksheet.

What Our Denver Wills and Trust Services Include

Start with the job you want the plan to do. These are some of the documents and questions we may discuss with you.

Last Will and Testament

A will can state who should receive property that passes through your estate and record whom you would nominate as guardian for minor children.

Revocable Living Trust

A living trust can give your trustee instructions for property held in it. If you’re considering one, think about who could manage the property and when the people you’ve named should receive it. Here are situations worth discussing:

• Real estate owners
• Blended families
• Parents of young children
• Professionals and business owners
• High net worth individuals seeking tax efficiency

For example, you might want someone to manage money for a young beneficiary until a certain age. Ask how the trust would work and when its terms could be changed.

Pour-Over Will

A pour-over will can direct property that passes through your estate into your trust after death. It does not put property in the trust during your life, and probate may still be needed for that property.

Durable Financial Power of Attorney

Choose someone who can handle the financial matters you authorize if you cannot act. A financial power of attorney does not rule out a court appointment if one is needed.

Medical Power of Attorney

Name someone to make medical decisions if you can’t make them yourself. Choose someone you can talk with about the care you’d want.

Living Will (Advance Directive)

A Colorado living will records your wishes about life-sustaining treatment in specific circumstances. A medical power of attorney does a different job: it names a person to make decisions when you can’t.

HIPAA Release Form

A HIPAA authorization identifies who can receive the health information you specify. Receiving information and having authority to make a medical decision are separate things.

Beneficiary Designation Audit

Ask how the people named on your insurance, retirement and financial accounts fit the plan. The name on a beneficiary form can matter even when your will says something different.

Digital Estate Planning

Identify the digital accounts, files, or online business interests someone may need to manage. We can discuss how to give that person appropriate authority and where to keep separate access instructions.

Pet Trusts

If you want to set money aside for a pet’s care, talk through who would provide the care, who would manage the funds, and what instructions would help them.

Asset Protection Planning

If you own rental property or a business, ask how your ownership arrangements fit the rest of your plan. What’s appropriate depends on the kind of risk and the rules that apply.

‍

Will vs. Living Trust in Colorado

Here’s the quick comparison. A will and a living trust can be part of the same plan. Neither replaces checking the name on a deed, the way an account is owned, or who’s listed as a beneficiary.

Try this with two records. On your home’s deed, look for who owns it and whether there’s a right of survivorship. On a retirement account, look at the beneficiary confirmation. The house and the account may pass under different instructions, even if the same person is named in your will. If a record doesn’t match what you want, bring it to your attorney before you change it.

When to discuss a will-based plan

A will-based plan is worth discussing when your main decisions are:

• Who should receive the property that passes through your estate?
• Whom would you nominate to handle your estate?
• If you have minor children, whom would you nominate as their guardian?
• Which assets already have a co-owner or a named beneficiary?

Bring your asset list and beneficiary confirmations. Two households with similar savings may need different plans because their property is held differently or their beneficiaries need different kinds of support.

A will and a trust can work together. Whether any asset needs a court process depends on how it is owned and the applicable procedures. The Colorado Judicial Branch estate guide explains the available paths. For help with one specific document, see our Denver will attorney services or Denver trust planning services.

When to discuss a trust-based plan

Ask about a trust if your plan needs instructions for managing or distributing specific property, or if you want to review how that property would pass:

• You own real estate (especially in multiple states)
• You want to see which assets could transfer outside probate and what needs to change.
• You have minor children, special needs dependents, or a blended family
• You wish to maintain privacy
• You have creditor or asset protection concerns that need separate legal advice.
• You’re planning for incapacity or long-term care

There are several types of trusts, each suited for different purposes:

• Revocable Living Trusts – can provide management and distribution instructions for assets coordinated with the trust.
• Irrevocable Trusts – may be considered for specific planning goals, subject to review of the terms and tradeoffs.
• Special Needs Trusts – require review of the source of funds, trust terms and applicable benefit rules.
• Charitable Trusts – can support charitable giving goals; discuss possible tax effects with your advisers.

Three Planning Situations to Discuss

Example 1: Modest Estate, No Real Property

Suppose you rent your home and want a friend to receive personal belongings and any remaining funds. Bring the names on your accounts and your intended gifts. Your attorney can explain which instructions belong in a will and which pass under a beneficiary designation.

Example 2: Young Family with Real Estate

A family with a Denver-area home and minor children may have two separate decisions: whom to nominate as guardian and who should manage inherited property. Bring the current deed and discuss how your will, any trust, and asset instructions would work together.

Example 3: Entrepreneur with Complex Assets

An owner with a business and rental property may have different goals for operating control, income, and inheritance. Bring deeds and ownership agreements so the attorney can review restrictions and identify which decisions need a separate business or tax adviser.

‍

Why Denver Families Choose Legacy Law Group

• Know What’s Included Before You Start
• LIFT planning considers legal, insurance, financial, and tax questions that affect your estate plan.
• Virtual or In-Person Appointments Throughout Colorado
• Planning That Fits Your Family and Property
• Tell Us If You’re Working With a Deadline
• Family-Focused Legal Team
• Optional ongoing support through the Client Care Program.

Our office is in Greenwood Village and we work with families across the Denver area. You can start with an existing plan, a list of concerns, or the decisions you want help making.

If your family lives in different states, or someone you plan to leave money to receives benefits, bring that up early. It gives us time to talk through the questions that need a closer look.

‍

Our Estate Planning Process

1. Book a Free Consultation – Tell us why you are planning, who depends on you, and what you want to happen next.
2. Design Your Plan – Complete the planning worksheet and discuss the people, property and decisions that need to be addressed.
3. Draft & Review – Review the proposed documents and confirm the scope before signing.
4. Sign & Finalize – Ask which follow-up tasks are included, which you handle, and what confirmation to keep.
5. Ongoing Support – Review the plan when your family, property or chosen decision-makers change. Ask about the optional Client Care Program.

Before signing, ask for the follow-up list: which deed, account or beneficiary records need review, who will handle each item, and what written confirmation to keep. The scope depends on the plan you choose. See how Legacy Law Group’s planning process works, meet founder Anastasia Fainberg, or read what the firm reviews in a comprehensive plan.

If you’re working around travel, surgery, or another deadline, let us know early. We can talk about what’s realistic and what information we’d need to get started.