Estate
Planning requires
a lawyer to have
an expertise in
drafting a Will,
Trust, Living
Will, and Durable
Power of Attorney.
It is also important
to be proficient
in the state Probate
procedure, when
a client dies.
Many
people consider
making a will
without a lawyer.
You
may want to talk
to a lawyer if:
| You
have questions
about your
will or other
options for
leaving your
property.
|
| You
expect to
leave a very
large amount
of assets
(say, over
$1.5 million)
and they may
be subject
to estate
tax unless
you engage
in tax planning.
|
| Rather
than simply
naming people
to inherit
your property,
you want to
make more
complex plans
-- for example,
leaving your
house in trust
to your spouse
until he or
she dies and
then having
it pass to
your children
from a previous
marriage.
|
| You
are a small
business owner
and have questions
as to the
rights of
surviving
owners or
your ownership
share. |
| You
must make
arrangements
for long-term
care of a
beneficiary
-- for example,
setting up
a trust for
an incapacitated
or disadvantaged
child. |
| You
fear someone
will contest
your will
on grounds
of fraud,
or claim that
you were unduly
influenced
or weren't
of sound mind
when you signed
it. |
| You
wish to disinherit,
or substantially
disinherit,
your spouse.
It's usually
not possible
to do this
if your spouse
objects, but
a lawyer can
explain your
spouse's rights.
|
| You
simply feel
more comfortable
having a lawyer
review your
will |
Your
Living Will
You
need to outline
medical procedures
that you want
provided or withheld,
in the vent that
you cannot speak
for yourself.
Document whether
or not you want
your life prolonged
through artificial
means. Finally,
appoint someone
to make sure your
wishes are carried
out.
Your
Living Trust
Whether
you're married
or single, you
should have a
basic trust. If
you are married,
you can spare
your heirs from
potentially heavy
estate taxes.
Create subtrusts
for minor children
and young adults.
Name custodians
for property left
to children.
Your
Financial Power
of Attorney
Name
someone to make
your financial
decisions, in
case you are medically
incapacitated
-- and appoint
an alternate in
case that person
cannot serve.
Probate
The
importance of
understanding
how probate procedures
work is essential
to having a successful
probate experience.
Information explaining
the probate process
is available to
every American
citizen through
their given state.
However, that
information is
complex and uses
a strictly formal
language, which
makes it very
difficult to understand
for many people.
Having
an attorney on
your side will
help you make
sure that the
estate and assets
of your loved
one’s particular
case are handled
in a proper and
legal fashion.
Please telephone
our Denver, Colorado
offices at (720)
493-3911
or
send
us an e-mail
message.
As
your attorney,
David Salsbury's
job is to ask
the right questions
and then provide
you with the legal
information you
need to decide
how to structure
your estate plan.
Once the decisions
are made, he will
draft the documents
for review. You
make sure the
Will or Trust
represents your
intention regarding
the disposition
of your estate
at the death.
A formal meeting
is arranged to
sign the documents.
In
order to draft
a Will or Trust,
the proper questions
need to be asked
of the client.
