Nursing Home Funding

The decision to place a spouse or loved one into a nursing home is often a difficult one, and stress and anxiety typically surround this determination. On top of the pressure to choose the right facility, or the difficultly coming to terms with the surrendering of control to a new caregiver, most of us would […]

Medicaid Planning

Many families with elderly parents or spouses should consider consultation from an elder law attorney about Medicaid qualification and benefits. Qualifications for Medicaid are complex and it is important that families take proactive steps to maximize their potential benefits. As an unfortunate example of insufficient planning, consider the case of Schell v. Department of Public […]

End of Life Options Act

Colorado recently became the fifth state to allow medical aid in dying. The passage of Proposition 106, or the End of Life Options Act (the “Act”), is a catalyst to encourage Coloradans to think about and plan for potentially life-threatening situations. To exercise rights under the Act, an individual must be 18 years of age […]

Colorado Uniform Trust Decanting Act

The Colorado legislature recently passed the Colorado Uniform Trust Decanting Act (the “Act”). The Act, which went into effect on August 10, 2016, allows a trustee to reform an irrevocable trust document to ensure that the trust fulfills the original intent of the person who created the trust. The term “decanting” means the pouring of […]

Will Disputes

If you are an interested party, meaning that you are receiving or could receive an inheritance from a will, you may obtain the services of a probate attorney and engage in a will contest. However, note that you and your attorney must have one or more valid reasons to participate in will disputes. The first […]

Will vs. Revocable Living Trust

If you’re considering creating an estate plan you’ll need to understand the difference between a will and a revocable living trust. We frequently get questions from potential clients on this issue so we have created the chart below to help provide some clarity. As you can see from the chart below, the key differences between […]

IRA Inheritance Planning

DESIGNATING RETIREMENT PLAN ACCOUNTS Many people mistakenly believe that their Last Will and Testament or Revocable Living Trust will distribute their retirement plan assets at their death. As discussed below, in many cases this is a costly mistake. HAVE YOU DESIGNATED BENEFICIARIES? Retirement plan accounts, such as Individual Retirement Accounts (IRAs), 401(k), 403(b), and 457 […]

2016 Estate Planning

Estate planning is a complex area of the law, with countless rules that can change from year to year. If you’re planning on doing estate planning for the first time in 2016, or merely want to make sure your current planning documents aren’t out of date, staying on top of the latest changes is crucial. […]

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