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Denver Lawyer Clark Daniel Dray

Wills

Wills Lawyer in Broomfield, Colorado

Are you in need of a helping hand in drafting a will and live in Broomfield, Boulder, Denver, Littleton, or Louisville, Colorado? Getting help in creating and managing a will is a critical milestone in your life. A wills lawyer in Colorado can assist if you want your property to pass to specific person after your death,  if you want to designate who will be in charge of ensuring that your desires are followed out, or if you just want to avoid legal problems.

A living will is among the most important estate planning decisions a person can make. Don’t put off thinking about your future until an older age. It is essential to be prepared for anything that may happen in life.  Working with Clark Daniel Dray, a wills lawyer in Colorado, will guide you from drafting and reviewing your and all the legail procedure in between. There is no need for the future to be bleak and difficult. Your loved ones will be able to celebrate your legacy with peace of mind if you have a solid estate plan in place. 

Get in touch with Dray Legal now to schedule an appointment!

Why do I need a Wills Lawyer in Colorado?

wills lawyer colorado Making a will is something that many people in Colorado don’t take very seriously. Some people also can’t afford to hire an attorney to help with estate planning. People prefer to use the simple online form because it costs less than hiring an estate attorney.

Is it, however, beneficial to hire a wills lawyer in Colorado? Can you take care of your property and plan your estate without an attorney? Probably not. When you are writing your will, there are many issues to consider, and a Broomfield wills and estates attorney can help you plan for the future in the best way. 

Here are some of the most important reasons why you should hire an estate and wills lawyer in Colorado.

You Can Make a Custom Estate Plan.

If you hire a personal lawyer, your will can be made to fit your needs. This is not doable if you use online forms. The format of online forms is the same for all, which may not satisfy your asset objectives.

An estate attorney will grasp your needs, what you want to indicate, and whatever you want to avoid, and will then draft a proper will for you.

A Lawyer Will Make Sure That Your Plan for Your Estate is Enforceable.

When you make a will, you may not know that you have to follow certain legal rules. If you choose the ready-made forms, you might forget about these legal requirements, and the court might decide that you do not have a valid will.

If the court decides that your will is not valid, it may give your property to your beneficiary in a way that goes against what you wanted. An attorney who deals with wills and estate planning will make sure that doesn’t happen and that your property falls under the law.

A Colorado Attorney Can Help You With Estate Planning.

Estate planning is also important for making the will you want. An attorney will make certain that you plan your estate properly so that all of your assets move in the right direction. If you plan your estate well, your property would go to your intended heir.

Additionally, it secures your business and property rights while you’re living. Estate lawyers can help you change your trust or will if you need to.

It Saves Your Heirs a Lot of Money on Inheritance Tax.

The IRS won’t come after your beneficiary if you have a well-thought-out will (IRS). You don’t want your beneficiary to be burdened by a large tax, and good estate planning can decrease the tax as much as possible.

A wills lawyer can also help you lower the amount of income tax that your beneficiaries will have to pay.

Colorado Wills Protect Your Heirs.

You don’t know what will happen to you in the future. No one desires an early death, but death can happen at any time. Because of this, you need to plan ahead to protect your family. You’ll have to use the will portion of an estate plan for this.

This plan makes sure that if you die suddenly, your kids will be brought up by people you like until they are 18 years old. In the absence of a will, the court will make the decision about your children’s care, contrary to your wishes.

With Estate Planning, You Can Prevent a Family Dispute.

When there is no clear will, things get messy in the family. If the family’s guardian dies without having left a valid will, the heirs will be in a mess.

Things like this can get very ugly, and a lot of times, they wind up in court. You can easily keep your family from being in such a mess by leaving a well-thought-out will. A wills lawyer in Colorado will help you divide your property and estate among your heirs in a fair way that won’t cause any legal issue.

Wills: The Basics and General Information

Most people understand that they need to have a will, but many do not know what a will is or how a will works.

What exactly is a will? A will, which is sometimes termed a “last will and testament,” is a written statement of your final wishes, such as how you want your property to be divided and distributed. After you die, a county probate court will read it and make sure that your last wishes are implemented.

Wills: For Who and For What?

Some people believe that wills are only for people who are very rich or who have a lot of assets. But having a will is beneficial for many reasons.

  • You can make it clear who gets your personal property. You have control over who receives what and how much.
  • You can keep your personal property from going to the hands of people you don’t want to (such as estranged relatives).
  • You can choose who should take care of your children. If no will is made, the decision will be up to the orphans court.
  • Your heirs will be able to get to your assets faster and with less trouble.
  • You can make plans to save money on taxes for your estate. You could also give a gift and money to charity, which could help reduce the amount of the estate tax.

What Happens In Colorado If One Dies Without A Will?

If you don’t have a will when you die in Colorado, your property will be given to your family according to the “intestacy” laws of the state. In Colorado, if you die without a will, your property goes to your closest family members, starting with your spouse and kids. If you don’t have a spouse or children, your property will go to your grandchildren or your parents. 

This list keeps going with more distant relatives, like brothers and sisters, grandparents, uncles, aunts, nieces, nephews, and cousins. If the court runs through this list and discovers that you don’t have any living relatives through blood or through marriage, your property will be seized by the state.

What Are the Legal Requirements in Colorado for Making a Will?

Colorado has the following qualifications for anybody wishing to write a will:

  • 18 years old or older
  • with a sound mind (Colo. Rev. Stat. Ann. § 15-11-501).
  • In Colorado, your will impacts property that you own at the time of your death and property acquired by your estate after your death (Colo. Rev. Stat. Ann. § 15-11-602).
  • Your will has to be written down. However, Colorado does permit electronic wills. Therefore the “writing” can be on paper or a computer, as long as you meet the requirements. Handwritten wills are legal in Colorado (Colo. Rev. Stat. Ann. § 15-11-502), but they are generally not recommended.

How Do I Sign a Colorado Will?

To make your will final in Colorado, 2 witnesses need to sign in your will, or

Wills that are handwritten (holographic) do not need witnesses. To create a holographic will, you must write your own signature and the important parts of the will in your own handwriting (Colo. Rev. Stat. Ann. § 15-11-502).  

Should My Will Be Signed By A Notary?

No, if you have two witnesses sign your will in Colorado, you won’t need to have it notarized for it to be legal. If you don’t want witnesses, you can sign it in front of a notary instead. (Colo. Rev. Stat. Ann. § 15-11-502) .

Furthermore, you can make your will “self-proving” in Colorado. If this is how you want to do your will, you’ll need to go to a notary. When a will is self-proving, the court can accept it without calling the witnesses who signed it. This speeds up the probate process.

Affidavits signed by you and your witnesses at a notary’s office establish that you and your witnesses were aware of signing the will. (Colo. Rev. Stat. Ann. § 15-11-504).

Should I Name a Personal Representative to Carry Out My Wishes In My Will?

Yes. In Colorado, you can appoint a personal representative in your will to make sure that your wishes are carried out after your death. In the absence of a personal representative appointed, your estate management will be handled by a person chosen by the probate court.

Contact a Wills Lawyer in Colorado 

If you’re creating a will, trust, or power of attorney, you’ll want to consider the financial and legal implications. In order to safeguard our clients’ interests and the financial well-being of their families, our attorneys at The Law Office of Clark Daniel Dray have the necessary experience and skill.

Consult our Colorado wills and trusts attorneys at The Law Office of Clark Daniel Dray today for legal advice. Call today to set up an appointment at one of our eight Front Range offices – Broomfield, Boulder,  Denver Tech Center, Downtown Denver Lakewood / Golden, Littleton, Louisville & Park Meadows.

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