Estate Planning & Probate Lawyers in Colorado
Taxes, Trusts, Asset Division Planning & More
The purpose of estate planning is to preserve and protect assets, to prepare for disability, and to carry out a person's wishes for the disposition of his or her property. Proper estate planning ensures that a client's wishes are carried out during life and at death. The goal is to ensure the assets pass to whom the client wants, when the client wants, and under the circumstances the client wants, in a tax-efficient manner.
Our estate planning lawyer can help you with wills, living trusts, revocable and irrevocable trusts, retirement plans, charitable and non-charitable gifting, estate, gift and generation skipping taxes, insurance, business planning, partnerships, corporations, real estate, income taxes, and a knowledge of probate.
Contact Miller & Steiert to talk to Walter Kelly—a knowledgeable and responsive estate-planning lawyer. Make your final wishes clear.
Estate Planning Documents
A basic estate plan should include, at a minimum, a will, a medical power of attorney, and a financial power of attorney. These fundamental documents will define to whom the client grants property, to whom the client gives the authority to make medical decisions, and to whom the client gives authority to make financial decisions. The powers of attorney operate while the client is alive. The will operates after the client's death. Depending on circumstances, trusts, living wills, expressions of last wishes, memorandums, and other documents may be appropriate.
With the will, you identify the person(s) or entity you want as the personal representative (executor) of your estate and who receives your property upon your death. With the powers of attorney, you identify the person(s) and who can make financial and medical decisions regarding your needs when you are not able to make them. The powers of attorney operate while you are alive. The will operates after your death.
Married couples can use family and marital trusts to minimize or eliminate estate taxes and provide for loved ones or to accomplish other objectives as may be appropriate. Other tools include life insurance trusts (ILITS), irrevocable trusts, family limited partnerships, limited liability companies, charitable remainder or lead trusts (CLATS, CLUTS, CRUTS and CRATS), and other documents. Often, revocable trusts (also referred to as living trusts) coupled with pour-over wills may be appropriate for asset management, probate avoidance, and privacy concerns.
Proper estate planning includes planning for disability or incapacity. Two aspects of life must be considered: financial asset management and healthcare management. The planning process includes preparing medical and business (financial) durable powers of attorney and identifying agents to act on the client's behalf upon incapacity.
Walt knows that each client's situation is unique and works closely with his clients to insure their objectives are fulfilled.
Contact an estate-planning attorney for an initial consultation.