Denver Wills Lawyer

DENVER WILLS Lawyers

The best way to ensure your financial assets and property is handled according to your wishes is to have a will created. An estate plan created by an experienced Denver wills attorney can make the process of distributing property and dividing assets to your family members relatively stress-free and can eliminate unnecessary probate legal proceedings. Despite the clear benefits, experts estimate that approximately 70% of Americans do not have valid wills. While it is difficult for most people to think about their own mortality, many people find great comfort in putting their affairs in order.

Without a will, the property is distributed per Colorado state laws. In such cases, it is up to the probate judge or lawyer to decide how property is distributed. This process can take a great deal of time and money and can leave surviving family members feeling powerless. Instead of creating uncertainty in the future, let your final wishes be known by creating a well-written will. Read below for an overview of will requirements, limitations, and more.

Denver

Overboard: How to Avoid Sinking in Your Colorado Family Law Case

Written by Denver Family Law Attorney Myles S. Johnson

Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.

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TOP BENEFITS OF TRUSTS

There are certain limitations placed on wills for the protection of everyone involved. Generally, a married testator cannot leave a surviving spouse out of the will without a valid pre-nuptial agreement. Colorado law dictates that non-dependent children can be disinherited, but this choice should be clearly stated in the document. Other limitations include:

A will cannot be used to gift property held in possession of a living trust.
A will cannot avoid probate. It simply serves as a guideline to the courts and your loved ones.
A will cannot gift life insurance proceeds in a policy for which a beneficiary has already been named.
A will cannot gift jointly titled assets.
A will cannot gift money in a bank account that is classified as payable on death
Further, wills cannot gift assets that are not owned solely by the testator.

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Just as each family is unique, so is each family legal matter. We always take the time to completely understand your situation so that we can tailor our advice and strategy accordingly.

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Our clients often take the time to write and thank us, not only for the results we have earned for them but also for the respect we’ve shown them.

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We never lose sight of the fact that divorce and other household conflicts can feel overwhelming. Our family lawyers will answer all of your questions to ease your burden in this difficult time.

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Appointing A Representative

A valid will should appoint a personal representative, often referred to as an executor, to perform certain duties on behalf of the testator. The executor does not need to be a family member, but it should be a trusted individual who knows you well and agrees to the duty. Upon execution of the will, the representative must be advised of his or her duties. Upon the passing of the testator, the executor is responsible for:

Consolidating and managing the estate’s assets
Collecting any debts owed to the estate
Selling assets to pay estate expenses or taxes
Filing court and tax documents by the appropriate deadlines

The executor does not decide which property is distributed to which family members. Rather, the executor simply performs the duties as outlined in the will.

Choosing a Guardian

If you have minor children, the main function of creating a will is to name a guardian to care for the children in case no surviving parent is alive to do so. It is up to the courts to appoint a guardian if no one is named in the will. While testators typically choose a family member to serve as a guardian, other individuals name a trusted friend. Guardians named in the will should agree to the role and the corresponding responsibilities before the execution of the will. Some testators also choose to outline financial provisions for the guardian in the will.

When no valid will exists

If a person dies and no valid will exists, survivors may face an expensive, stressful and time-consuming legal process. A probate court is left in charge of dividing up assets and distributing it to surviving relatives if no will is on record. The courts are also responsible for paying any estate debts following the legal guidelines.

The probate process can take anywhere from a few months to several years, depending on the size and complexity of the estate. If no immediate relatives are located, the estate assets are given to the local government.

Joint Wills Vs. Individual Wills

Some married couples may be tempted to save time and money by creating a joint will. However, any experienced Denver wills attorney will likely advise against this practice. Joint wills can create confusion if there is property involved that is not jointly held or if you and your spouse die years apart.

Separate wills are particularly important if you or your spouse have children from previous relationships. Property acquired during a previous marriage is also best addressed in separate wills. Be on the safe side and create an individual will that is clear and concise.

Hear From Our Happy Clients

At Johnson Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“Myles helped me resolve custody quickly and in a way that all parties were happy.”

Myles is very professional and well informed in his field. Cassidy their paralegal was also extremely helpful and client driven . 5 stars!

– Stevie

"Helped me through a difficult divorce and made what i thought was going to be an impossible process so much easier."

Very professional, and caring. Everything was handled well, they listened to all my concerns, and responded in a timely manner. I would highly recommend using Johnson Law Group, they are amazing!

– Sonja

"Myles took great care in guiding a smooth process from start to finish drafting a prenuptial agreement."

He was responsive, efficient, and coordinated well with my wife’s attorney. Very happy with the final result.

– Nick

"My experience with the Johnson Law Group has been nothing more than spectacular."

From the initial phone call I spoke to Myles Johnson, he gave great direction on how to proceed. Then acquiring the firm as my legal representation I worked with Said and he helped me step by step to get what I was looking for. I have already recommended two different individuals I know to Johnson Law Group and will be using them for all future situations. From the legal team to Cory at the front desk, everyone at the firm is top-notch.

– Brady M.

"I'm extremely proud of the most professional and considerate Johnson Law Group."

l appreciate all the help my attorney and paralegal has done for me in the best interest of my daughters future. They’re all most knowledgeable, caring law group! I couldn’t have done it without their genuine support on representing my case(s). I’m grateful for all they have done for my daughter and I.

– Bonnita

CONTACT DENVER WILLS ATTORNEY SHANNON O'KEEFE AT JOHNSON LAW GROUP

Contemplating your mortality is an unpleasant task. However, passing away without a will can be expensive and stressful for your surviving relatives. At Johnson Law Group, we can help you and your family prepare for the future with an estate plan. Attorney Shannon O’Keefe is experienced in estate law and can provide you with the peace of mind you are seeking.

Don’t delay any longer, contact Johnson Law Group today at (720) 776-9446 to schedule a free consultation to discuss your estate plan options.

Denver Wills Lawyer