Wills, Estate Planning & Elder Law

If you die without a will in Colorado, your estate will be considered “intestate.” This means there’s no legal document to guide the distribution of your assets or the appointment of a personal representative. In this case, state laws will determine who handles your estate.

A pour-over will is a legal document that directs any assets not already in a trust to be transferred to that trust upon the person’s death. This helps avoid the probate process for those assets. To use a pour-over will, you must first create a living trust to hold your assets and transfer as many assets as possible into that trust during your lifetime. The pour-over will specify that any remaining assets should be transferred to the trust after your death.

Undue influence, formality failure, and mental incapacity are three common factors to consider raising if you wish to contest a will. However, consulting an experienced estate planning and elder law attorney is advisable, as contesting a will requires sufficient evidence and a general understanding of potential challenges.