We help and assist clients with the efficient and effective transfer of assets to spouses, younger generation family members, and to other persons/charities that clients wish to benefit. Our estate and trust services includes the preparation of trust agreements, wills, powers of attorney, medical directives, and documents involving closely held business structures, partnerships, limited liability companies and corporations.
Estate planning is the process of documenting your wishes regarding the management of your property interests and how it will be managed/divided upon your incapacity or death. Estate Planning may include the preparation of Wills, Trusts, Powers of Attorneys, Beneficiary Deeds and guardianship designations for your minor/disabled children. Planning strategies include working with you on how to minimize potential estate and transfer taxes, planning for the disposition of your home, investments, business interests, life insurance, and employee benefits. Planning also includes the management of your estate, financial/family affairs and health care in the event of your disability.
As part of our estate planning services we may advise you to consider:
Probate is a court process that governs the administration and distribution of assets upon an individual’s death. Administration can occur in a variety of circumstances, including when someone dies without a will (intestate), or with a will (testate).
We help clients navigate court proceedings and estate administration in the most efficient manner, based on a comprehensive understanding of court procedures and years of practical experience.
We guide the personal representative through the probate process so that they can successfully access the deceased person’s assets, properly manage the assets as fiduciaries, and ultimately distribute assets to the appropriate beneficiaries. We may assist the personal representative with the following:
Trust administration is the process of managing a trust by the successor trustee after the settlor (the person who created the trust) has become incapacitated or passed away. When an individual or corporate entity is named as a successor trustee and it becomes time to act, we advise the individual or entity on how to best carry out and fulfill their duties as trustee.
We provide counsel on all stages of the trust administration process. This may include preparing and filing of any court documents, including the registration of a Trust, providing required notice to beneficiaries, assisting with gathering and distribution of Trust and non-Trust property, and advising clients regarding creditors, accountings and tax filings.
We provide counsel on all stages of the trust administration process. This may include preparing and filing of any court documents, including the registration of a Trust, providing required notice to beneficiaries, assisting with gathering and distribution of Trust and non-Trust property, and advising clients regarding creditors, accountings and tax filings.
In certain cases an individual, other than a parent, may seek court approval for care and control over a minor child. These cases may arise when one or both of the child’s natural parents cannot care for the child(ren), the parents may have died, or the parents may have abandoned the child(ren). The person(s) seeking to care for the child(ren) or individual, may petition the Court for Guardianship or Conservatorship.
In Colorado an adult guardianship is created by the probate court when a person lacks legal capacity to make their own life decisions, such as where to live or whether to receive medical treatment. The person who needs help is known as a ward. The person appointed to protect the ward's interests, often a family member, is known as the guardian. Depending on the needs of the ward, a guardianship may be limited (which gives the guardian authority to make decisions about only certain matters) or unlimited (which gives the guardian authority to make decisions about all health, safety and welfare matters).
A person may need a guardian due to the onset of dementia. But a guardian may also be appointed for an adult who is experiencing a decline in mental ability severe enough to interfere with their life, physical illness or inability, or chronic substance abuse. The person seeking guardianship may petition the probate court to have a guardian appointed. The person who needs assistance, or another interested person, can also initiate the process.
The process of seeking guardianship is a legal matter, but it can evoke strong emotions in the ward, guardian, and family members. We make it a priority to give you the legal information and guidance you need to obtain guardianship, but also the support and compassion you and your loved ones deserve as you navigate this transition.
Adult conservatorship cases arise when an individual is deemed unable to manage their financial affairs. As with guardianships, a conservatorship is designed to protect adults who lack the ability to manage their financial affairs due to age or mental or physical disability. We can advise/help you if you are concerned that your loved one's financial health is at risk because of their inability to make informed financial decisions. We will guide you through the process of petitioning for conservatorship in Colorado to protect the financial well-being of your loved one.
We handle a wide variety of adoption cases that include stepparent adoption, custodial adoption, kinship adoption, and second parent adoption. We have worked with several adoption agencies in Colorado to assist clients in finalizing agency adoptions.
Married couples, soon-to-be-married couples and those who choose to live together but not marry are increasingly turning towards written agreements that fix each partner’s respective rights/duties towards each other in the event their relationship ends. The benefits of these agreements are that they protect separate property and family assets, provide financial clarity, and avoid the emotional and financial costs of a contested breakup, divorce or property distribution.
Many people today choose to resolve their probate and trust cases through Mediation or Arbitration. By using the mediation process, parties reach an agreement that best serves their interests and their family. Additionally, the parties/family reach a peaceful resolution to their case without the uncertain financial and emotional cost of going to Court.
Mediation is a process where we, as the neutral mediator, meet with the parties to assist them in resolving their case. Arbitration, on the other hand, means that the parties ask us to resolve any issue they cannot resolve between themselves or by mediation. Mediation or arbitration case issues may involve probate, trust, guardianship and conservatorship cases.
Vince handled my case with ease and helped through the whole process. Cannot recommend enough!