BEST ESTATE PLANNING ATTORNEY IN COLORADO
Do not leave your legacy to chance - estate planning today prevents uncertainty and conflict tomorrow.
Plan for the Future with Whitcomb and Selinsky.
Almost everyone has an estate that they want to pass on to their family. These estates can have everything ranging from property to stocks, motor vehicles, life insurance, bank accounts, and even collectables. Whitcomb and Selinsky can help you plan how to distribute your estate when the time comes. As your estate planning attorney in Colorado, we understand the challenges you will face when it comes to estate planning, and we are fully prepared to assist you from start to finish.
We will review your legal documents, financial records, and other documents to make sure everything is in order and map out a plan that suits your needs best. We are more than happy to help adjust your plan when circumstances change. At the end of the day, our priority is to give you the peace of mind you deserve.
What is estate planning?
At Whitcomb Selinsky, PC, we are committed to helping you protect yourselves and your family through proactive estate planning. Our experienced national estate planning attorneys can evaluate your needs, provide legal advice, and walk you through the tools available. We review your legal documents, explain how estate law impacts your assets, and assist with creating a sound plan. Additionally, we will discuss your trust & estate process with your financial advisor.
We will review any financial or retirement accounts, such as life insurance policies, accidental life insurance benefits, bank accounts, pensions, and disability benefits, to ensure each account is assigned a beneficiary designation. In addition, we are available to help you adjust your plan as your goals and circumstances change. Our priority is to give you peace of mind.
What is the difference between estate planning and a will?
A will is a single, legally binding document that instructs how assets should be distributed after a person’s death. On the other hand, estate planning is a comprehensive strategy that can include wills, trusts, and other documents that can be used to manage a person’s estate during their lifetime and after their death. In essence, a will is considered an important part of a broader estate plan.
What is the difference between estate planning and probate?
Estate planning and probate refer to two different stages of the process of handling someone's assets. As we’ve mentioned above, estate planning is the process of managing and protecting a person’s assets while they are alive. Estate planning is a proactive step to counter the inability to make decisions due to incapacity and death.
Conversely, probate is the court-supervised legal process that takes place after the person’s death. The probate process involves steps such as validating wills, settling debts, and distributing assets. Probate alone can be a costly and time-consuming process, and estate planning is the best way to counter and remedy these issues.
What is the difference between estate planning and a trust?
A trust is a fiduciary legal arrangement where the ownership (legal title) is transferred to a ‘trustee’ who agrees to hold and manage the asset on behalf of the ‘beneficiary.’ A trust is often created to transfer assets, control wealth, minimize taxes, and protect assets from creditors. Similar to a will, a trust can serve an important part of a broader estate planning effort.
Why is estate planning important?
- Asset control and distribution—Estate planning gives you effective control of your assets, allowing you to decide how they are distributed. Whether you want to provide for your family, clear your debts, or donate to charity, having a proper estate plan will allow you to do that with no risks and strings attached.
- Avoid probate and other legal challenges—Having a proper estate plan made with the help of an experienced estate planning attorney in Colorado means you can avoid a costly and lengthy probate process, allowing you to smoothly transfer your assets.
- Minimize your tax liability—With a strategic estate plan, you can significantly reduce your tax liability in connection with income, capital gains, property, and inheritance taxes. When you reduce your tax liability, you have more to spend and leave behind for your loved ones.
- Prevents fraud—In the event you are incapacitated, a proper estate plan ensures that financial decisions are carried out according to your wishes, and undeserving individuals cannot profit from your estate.
- Prevents family disputes—We’ve all seen how fighting over money and inheritance can break families apart. When you have invested your time and effort into a proper estate plan, you can help keep the family together.
- Peace of mind—Last but certainly not least, knowing you have made a proper plan for your assets can give you the peace of mind to do the things that you and your family love without having to worry about money.
Why Do I Need an Estate Planning Attorney in Colorado?
- Navigating Colorado Law—When it comes to estate planning, you have to conform with the laws governing wills, trusts, probate procedures, and others. An estate attorney understands these requirements and will make sure that you comply with them.
- Help avoid costly mistakes and legal complications—In estate planning, small errors can lead to major consequences. Professional legal guidance can help you avoid these mistakes and the pitfalls that come with them.
- Help avoid probate and tax liability—Attorneys can structure trusts and wills as well as the overall estate planning process to shield your assets from unnecessary tax obligations. At the same time, having a properly planned estate can significantly cut down on the time and costs connected to probate proceedings.
- Handling complex situations—When your estate involves blended families, protecting children and other family members with special needs, your attorney can help with appropriate planning and allocation.
How Do I Find a Good Estate Planning Attorney in My Local Area?
- Ask a friend—If someone you know has recently gone through the estate planning process, you can ask them for recommendations on attorneys.
- Consult with Local and State Bar Associations—Any attorney worth their salt will be registered with the local and state bar associations. Consult these organizations, go through their database, and you will be able to find an estate attorney in Denver, CO, that perfectly suits your needs.
- Online research and reviews—Reputable attorneys should have strong credentials and a history of successfully helping clients in similar situations, which will be reflected in online reviews and testimonials.
- Meet for an initial consultation—Once you have shortlisted potential attorney candidates, meet with them. Most lawyers may offer the initial consultation for free
Common Estate Planning FAQs
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What happens if you die without a will in Colorado?
If you pass away without a will, Colorado law initiates what is called intestate succession. This process will divide your assets among surviving relatives and settle your debts, but it may not align with your intentions.
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When should I update my estate plan?
You should revisit your estate plan after a major life event such as marriage, divorce, the birth of a child, acquiring a significant asset, or starting a business. An estate attorney in Denver, CO, can help you go through your estate plan and ensure compliance with current laws and needs.
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How much does it cost to hire an estate planning attorney in Colorado?
The cost of an estate planning attorney can depend on factors such as the complexity of your estate, the documents required, and what you hope to achieve. A reputable attorney will be upfront about their costs and clearly explain the services they will provide.
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Do young families and individuals without significant wealth need estate planning?
A common misconception is that estate planning is only for the wealthy—it is not. Young families can have their estate plan to appoint guardians for their children and account for major healthcare and financial decisions.
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300 Union Boulevard
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Lakewood, CO 80228
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