Colorado’s Premiere Probate and Estate Planning Attorneys
Evans Case and our team of estate planning and probate attorneys are proud to serve families and individuals throughout Denver and its surrounding cities. With over 100 years of collective experience, our firm offers compassionate legal support in many different areas of law. Whether you are establishing a will or a trust, have been named the executor of a loved one’s will, or you are going through the probate process for the first time, our team is able to assist in these areas and many more.
We help in a number of different key areas of life. Our firm is able to assist with:
- Guardianships
- Conservatorships
- Probate
- Will and trust planning
- Will contests
- Elder abuse
- Insurance bad faith
- Real estate law
- Business law
- Commercial litigation
Whether you own a small home or a large business with complex assets, our attorneys are here to guide you through the estate planning process with confidence. Our mission is to help Denver families and individuals plan for their futures and care for their loved ones.
Nearly everybody has an estate that includes assets like real estate, personal property, cars, bank accounts, investment accounts, and more. Working with an experienced Denver estate planning attorney like those at Evans Case will allow you to decide how you would like to manage your financial responsibilities and transfer your assets after death. Evans Case is prepared to handle all of your estate planning needs.
What Is Estate Planning?
Estate planning is the process of crafting a plan to distribute your assets and manage all remaining financial responsibilities after you die. However, proper estate planning goes beyond simply managing your property and finances.
Your estate plan can also include other important information, like who should be responsible for raising your children or making important healthcare decisions on your behalf if you become incapacitated. Proper estate planning offers Denver residents greater asset protection, reduced estate taxes, and the ability to provide for loved ones and future generations.
Wills and Trusts
Wills and trusts are two of the most common tools used in estate planning. Each one of these legal strategies offers its own unique advantages. An experienced estate planning attorney will be able to help you explore all of your options and determine which is best for you and your family.
A will is a legal document that declares how you would like your assets to be distributed after death. In the state of Colorado, a will must be in writing, signed by the creator, and witnessed by two other individuals who, ideally, do not stand to benefit from the will. A will’s main purpose is to allow you to manage the distribution of your assets and name an executor who will be responsible for carrying out your wishes.
There are a number of benefits to having a valid will in place in Denver. A will allows you to determine how and when you would like to care for your family members and future generations. It also plays a large role in minimizing the number of disputes during the probate process. Some of the greatest advantages that a will offers include:
- Appointing a legal guardian for minor children.
- Naming an executor to carry out your wishes and distribute assets.
- Minimizing or eliminating family disputes.
Working with an expert estate planning attorney will provide you with peace of mind knowing that your assets are in good hands and your estate will be handled without legal trouble. If you pass away intestate, or without a valid will, your assets will be distributed to your closest surviving family members, beginning with your spouse, then moving outward to your children and parents. Our team will ensure that your wishes are met and help you effectively plan for your future.
Trusts are also a popular option for those who are looking for greater asset protection and want to avoid the probate process. Trusts generally offer asset protection from creditors and lawsuits. They offer flexibility and privacy that wills are sometimes unable to. There are a number of different trusts available depending on your long-term goals, and an attorney will be able to discuss all of your options and decide which one is best for you. Trusts can either be revocable, meaning they can be altered during the grantor’s lifetime, or irrevocable, which provides potential tax benefits but cannot be altered without the consent of the beneficiaries.
Some of the different types of trusts available for Denver residents include:
- Special Needs Trusts: These trusts allow you to provide support for beneficiaries with special needs or disabilities while allowing them to maintain their eligibility for government programs.
- Charitable Trusts: The main purpose of a charitable trust is to benefit a charitable organization. These generally offer great tax benefits.
- Life Insurance Trusts: A life insurance trust helps manage life insurance proceeds that go toward paying estate taxes.
Revocable trusts typically offer greater flexibility and control but do not offer the same asset protection or tax benefits that an irrevocable trust might. An estate planning attorney will be able to provide valuable insight into what kind of trust is best for you.
What Is Probate?
Probate is the process of distributing assets to their legal beneficiaries after the owner has died. The purpose of probate is to ensure that the deceased’s assets are appropriately transferred to the rightful heirs and that any remaining taxes and debts are all paid. An executor, who is named in the will, is responsible for overseeing the distribution of assets and paying off existing debts. If a will does not exist, the Denver Probate Court will appoint a personal representative who will have a fiduciary duty to carry out the deceased’s wishes.
The executor’s roles and responsibilities also include filing all the necessary paperwork, inventorying and valuing all of the estate’s assets, and filing a final tax return on behalf of the deceased. Probate is a highly important part of estate administration and is crucial for ensuring that all beneficiaries receive their rightful share.
Our team of
Denver probate attorneys can help guide you through the probate process and manage the legal challenges that come with it. Call Evans Case today to see how we can help you with all of your estate planning needs. From wills and trusts to guardianships and conservatorships, our team of attorneys has the experience, compassion, and respect needed to help you through the estate planning process with confidence.