The Reality: Most Families Are Unprepared
Incapacity isn't something that only happens to other people, it's surprisingly common and can strike at any age.
Estate planning gives you the tools you need to lower risk and ease pain when it matters most. A complete estate plan provides you with protections during life and a roadmap for your family after you are gone. Power of Attorney and Advanced Medical Directives providing living protections that assist you in times of incapacity. Last Will and Testament, Trusts, and Disposition of Last remains help your family take next steps while they are grieving.
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How does the process work?
What documents should be included in a complete estate plan? A robust estate plan will includes documents protecting you during life, General Durable Power of Attorney, Healthcare Power of Attorney, Advance Healthcare Directive (Living Will), and HIPPA Waiver and documents for after you pass away, Last Will & Testament, Disposition of Last Remains, Beneficiary Designations, and a Trust if applicable.
What happens if I die without a will in Colorado?
Your assets will be distributed according to Colorado intestacy laws, which may not align with your wishes. This default system designates nearest family members to inherit without considering your preferences, and probate proceedings may cause delays and additional costs.
What is a Power of Attorney and why do I need one?
A Power of Attorney designates someone to make financial and/or healthcare decisions on your behalf if you become incapacitated. Without one, your family may need to go through court proceedings to gain decision-making authority.
What's the difference between a will and a trust? A will directs asset distribution after death and goes through probate. A trust can help avoid probate, provide privacy, manage assets during your lifetime and after death, and may offer tax benefits and creditor protection.
How do I protect my children?
Without a will, Colorado courts decide who raises your minor children if something happens to you. Through estate planning, you nominate guardians who share your values and parenting philosophy, ensuring your children are cared for by someone you trust rather than leaving this crucial decision to a judge. With proper planning, you maintain control over your children's future, their care, and their financial security—providing peace of mind that they'll be protected no matter what happens.
Can I change or update my estate plan later?
Yes, you can change or revoke your estate plan at any time as long as you're mentally competent. It's important to work with an attorney to ensure changes are legally valid.
Do I need an estate plan if I don't have a lot of assets?
Yes, estate planning benefits everyone regardless of wealth level. It ensures your wishes are followed, establishes guardianship for minor children, and designates trusted individuals to make healthcare and financial decisions if you become incapacitated.
How can I minimize estate taxes?
Strategies include establishing trusts, lifetime gifting, and taking advantage of exemptions. As of 2025, the federal estate tax exemption is $13.99 million per individual, and Colorado doesn't impose a state estate tax.
Do I need an attorney or can I use online forms?
While online tools exist for basic plans, an experienced estate planning attorney ensures your documents meet Colorado legal requirements, are tailored to your unique situation, and help you navigate complex issues like tax minimization and asset protection.