POA is a Useful Tool in an Emergency

The rapidly evolving health and economic emergency related to the spread of COVID-19, will inevitably lead to “emergency” legal issues caused by this global pandemic. When we think of estate documents, we tend to think about wills and trusts. We want our loved ones to get as much of an estate as possible — without […]

SECURE Act New IRA Rules

COVID-19 Impact on Estate Planning: Overview and Action Steps to Address New SECURE Act Rules

SECURE Act Significant New IRA Rules: Overview and Action Steps to Change Your Estate Plan The Setting Every Community Up for Retirement Enhancement Act of 2019, called the “SECURE Act” makes significant changes to how IRAs and certain retirement benefits must be treated post-death. These changes are so significant all such plan holders should review […]

A power of attorney specifies how vital areas of your affairs will be handled in case you are incapacitated.

A Power of Attorney is a Useful Tool in an Emergency

When we think of estate documents, we tend to think about wills and trusts. We want our loved ones to get as much of an estate as possible — without creditors, or the IRS, taking a huge chunk out of what we intend to leave for them. Using Powers of Attorney We do not often […]

Closely-Held Business Planning

Most businesses in the United States are small, closely-held or family owned companies. However, due to insufficient estate, insurance, and succession planning, many of these businesses do not survive through multiple generations. Small-business owners can find themselves preoccupied with the day-to-day workings of their business, but it is important that they talk to an attorney […]

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 […]

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 […]

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