Keep Your Legacy Safe with a Trust
A trust can help you streamline the management of assets during your lifetime and the distribution of your assets to your beneficiaries after death.
Trusts
A trust is a written agreement that allows the trust owner, called Trustor, to designate assets to be managed by another, commonly referred to as the Trustee (or manager). A Trustee holds a significant responsibility to ensure the proper administration of the trust in accordance with the law and the trust’s terms.
With proper planning, a trust can help you avoid probate and court interference upon death or incapacity. By transferring your assets (such as your bank accounts, investments, personal belongings, and real estate) to the trust, you streamline the management of assets during your lifetime and the distribution of your assets to your beneficiaries after death.
Why Establish a Trust?
- Avoid costly probate and court after death
- Reduce administration costs and protect the privacy of your estate plan
- Protect minor children, special needs beneficiaries, and pets in the event of incapacity or death
- Ensure smooth succession planning during incapacity and after death
- Minimize and efficiently plan for estate taxes
- Achieve peace of mind knowing your wishes are known and ensure they are followed
Preserve Your Legacy with a Revocable Living Trust
There are different types of trusts available, however, many clients desire the flexibility provided by a revocable living trust. A revocable living trust can be changed, amended, or terminated at the discretion of the Trustor(s). Managing your property and ensuring the financial well-being of your loved ones is a top concern for many individuals. At Premier Legacy Law, we understand the benefits and importance of revocable trusts in achieving these goals. A revocable living trust provides a powerful tool to safeguard your assets and secure the future of your beneficiaries.
By establishing a trust with a responsible Trustee, you can protect minors or beneficiaries who may not be ready to responsibly handle large inheritances. A trust provides additional flexibility and control over assets going to beneficiaries to ensure the long-term financial security of your loved ones.
Additionally, a revocable trust is an excellent option for individuals with real estate, or substantial financial assets. By setting up a revocable trust to receive these assets, you can enhance the efficiency and effectiveness of their distribution while minimizing potential tax implications.
Regardless of your age, wealth, or marital status, if you own assets like real estate or if you want to provide for minor or special needs family members, a revocable living trust should be a consideration for your estate plan. A revocable living trust can avoid the need for court proceedings, ensuring that your loved ones can seamlessly navigate the transition of assets after your passing.
Ready to Find a Solution for Your Legacy Planning Goals?
Trust the experienced team at Premier Legacy Law to guide you through the process of creating a revocable living trust that aligns with your unique needs and goals. We will explain the intricacies of trust planning and help you build a solid foundation for the financial security of your loved ones.
Contact us today to schedule a complimentary planning meeting and discover how a revocable living trust can provide peace of mind and protect your family’s future. We offer in-person, phone, and virtual appointments as well as weekend appointments to fit your busy schedule.
Estate Planning FAQs
What is estate planning?
Estate planning involves creating a comprehensive legal plan to manage and distribute your assets according to your wishes during your lifetime, in case of incapacity, and after death. An estate plan also includes healthcare directives and legally enforceable instructions intended to be honored by family, friends, and third parties alike. This is one of the best gifts you can leave your family.
Why is estate planning important?
Estate planning is important because it allows you to maintain control over your assets, minimize taxes, protect your loved ones, and ensure your healthcare preferences are followed. A good estate plan preserves your legacy, reduces the strain on your loved ones tasked with administering your estate, minimizes the time and cost associated with settling an estate, minimizes conflict between family members, reduces the tax burden on your estate, and creates an effective mechanism for trusted individuals to act on your behalf in case of serious illness or death.
What are the benefits of working with an experienced estate planning attorney?
Estate planning attorneys have the knowledge and experience to create customized plans based on your unique needs, circumstances, and wishes. They can provide guidance, ensure legal compliance, and help minimize potential pitfalls or challenges.
What documents are included in an estate plan?
A comprehensive estate plan in Colorado typically includes a Will (Last Will and Testament), Trust (if applicable), General Durable Power of Attorney, Healthcare Power of Attorney, Advance Healthcare Directive (Living Will), Health Insurance Portability and Accountability Act (HIPAA) Waiver, and Declaration of Disposition of Last Remains.
Do I need an estate plan if I don’t have a lot of property?
Yes, everyone can benefit from good estate planning as it ensures your wishes are followed, you are protected by trusted agents during incapacity, guardianship for minor children is established, and healthcare decisions are made according to your preferences.
What is a Will, and why do I need one?
A Will is a legal document that specifies how, and to whom, your assets should be distributed after death. It also allows you to name guardians for minor children and a personal representative to manage the estate. A carefully planned Will memorializes your wishes, making them legally enforceable in court, helps minimize court battles, and avoids the pitfalls of the default and rigid rules provided by the government to those who pass away without leaving a valid Will.
Can I name a guardian for my minor children in my estate plan?
Yes, through your estate plan, you can designate a guardian for your minor children in case of incapacity or death. This ensures their care and well-being according to your preferences.
Can I change or revoke my estate plan?
Yes, an individual can change or revoke her or his estate plan at any time as long as she or he is mentally competent. Please consult with an attorney to ensure the changes are legally valid and avoid marking on your original estate planning documents.
What happens if I die without an estate plan?
If a Colorado resident dies without an estate plan, her or his assets will be distributed according to the default Colorado laws, which may not align with an individual’s wishes. This is a default for everyone who dies without a plan and it designates nearest family members to be in charge and inherit assets without considering your preferences. Probate court proceedings may also be required, causing delays and additional costs.
How does estate planning help minimize taxes?
Estate planning strategies, such as establishing trusts and lifetime gifting strategies, can help minimize estate taxes. Proper planning allows you to maximize the amount of wealth passed on to your beneficiaries.
How much does estate planning cost?
The cost of estate planning varies depending on factors such as the complexity of your estate and the types of documents in your plan. Because everyone’s individual circumstances differ, fees are discussed during the complimentary initial planning meeting.
Are there any specific estate planning considerations for blended families?
Blended families may have unique estate planning considerations, such as remarriage protection after the death of a spouse, providing for both biological and stepchildren, and ensuring fair distribution of assets. Estate planning can help navigate these complexities.
What is a revocable living trust, and when should I consider using one?
A revocable living trust is a legal entity that holds assets for the benefit of beneficiaries without limiting the control that the owner(s) have over these assets during their lifetime(s). Trusts are useful for various purposes, such as avoiding probate, keeping your plans private, protecting beneficiaries, and managing distributions over time.
What is a power of attorney, and why is it essential to include in an estate plan?
A power of attorney is a legal document that designates someone to act on your behalf. Usually, this document is used if you become incapacitated and cannot manage finances or make healthcare decisions. Typically, there is one power of attorney for assets/finances and a separate one for healthcare decision-making.
What is an advance healthcare directive, and why should I have one?
An advance healthcare directive (living will) outlines your healthcare preferences and wishes during end-of-life situations. It ensures your wishes regarding ongoing medical treatment and end-of-life care are respected.
What is the difference between a revocable trust and an irrevocable trust?
A revocable trust can be modified, amended, or revoked during the owner’s lifetime, providing ultimate flexibility and control to the owner to make any necessary changes in response to life’s evolving circumstances. An irrevocable trust cannot be changed or revoked after it is created. When used correctly, an irrevocable trust offers benefits such as asset protection and should only be used in specific circumstances. Always seek legal advice before establishing any trust.
How often should I update my estate plan?
It is generally recommended to review your estate plan every few years or after major life events, such as marriage, divorce, birth of children, loss of a loved one, or significant changes in financial circumstances. Updating your plan ensures it remains current and aligned with your wishes.
Can I include digital assets in my estate plan?
Yes, it’s important to address digital assets in your estate plan. This may include digital files, online accounts, social media profiles, cryptocurrency, and intellectual property. Clearly state your wishes regarding access, management, and distribution of digital assets.
Can an estate plan help with charitable giving?
Absolutely. Estate planning allows you to include charitable giving as part of your legacy. It can involve charitable trusts, donor-advised funds, or specific bequests to charitable organizations.
Premier Legacy Law: Your Reliable Denver Trust Attorney
As your dedicated Denver trust attorney, we pride ourselves on our knowledge and experience in estate planning matters. By addressing our client’s needs such as the protection of minor children, special needs beneficiaries, incapacity planning, and asset protection, we offer estate planning services tailored to our clients.
Personalized Estate Planning Solutions
Navigating the estate planning process can be overwhelming, but with the guidance of a knowledgeable estate planning attorney, it doesn’t have to be. Our team will walk you through each step of the process, from the complimentary initial planning meeting, where we’ll answer your questions about trusts, to drafting your initial estate plan, and ensuring that it is properly executed and legally binding. Whether you need assistance with wills, trusts, or other estate planning documents, we have the knowledge to help you achieve your legacy planning goals.
Client-Centered Approach
At the heart of our practice is a commitment to our clients’ satisfaction. We take the time to understand your unique needs and objectives, tailoring our estate planning services to meet your goals. With a focus on clear communication and personalized attention, we strive to exceed your expectations at every turn.