Protect Your Family’s Future With A Colorado Will
A will is your final say over what happens to your estate. It tells the world who you want to inherit your assets, who you assign to manage your affairs, and even who you entrust your children to. It protects your family from having to answer those questions without you.
Our attorneys at Jones Law Office, LLC, have helped families in Evergreen and across Colorado plan for the future since 2012. No matter the size of your estate, they will work closely with you to draft a will that not only captures your intentions, but can hold up in court.
Why Is Having A Will Important In Colorado?
Without a will, Colorado’s intestacy laws determine who inherits your assets after you pass away. These laws follow a fixed hierarchy that may not reflect your relationships or intentions. For example, an estranged relative could inherit before a devoted partner or close friend, simply because the law places them higher in the hierarchy.
If the court cannot locate eligible relatives, your entire estate may pass to the state rather than to the individuals or causes you cared about. Without a will, the lack of clarity can lead to disputes among your loved ones, and people who were central to your life may receive nothing.
What Should You Include In Your Will?
A will should include everything needed to give your family clear direction and your estate clear authority. This generally includes:
- Beneficiary designations: The people or organizations set to receive your assets
- Personal representative: The individual you name to carry out your will and manage your estate
- Guardian designation: The person you choose to care for your children if they are minors
- Asset distribution instructions: Details or clarification on how you want to divide your property, including real estate, accounts and personal belongings
- Specific bequests: Individual gifts directed to particular people or organizations
Every person is different, and so is every will. Our attorneys can help you identify which provisions are essential for your specific situation and ensure nothing critical is left out.
What Makes A Will Valid Under Colorado Law?
Under Colorado law, a will is valid when it meets four core requirements:
- Age and capacity: The testator must be at least 18 years old and of sound mind.
- Written form: The testator must put the will in writing. Colorado does not recognize oral wills.
- Signature: The testator must sign, or direct another person to sign in their conscious presence.
- Witnesses or notarization: At least two competent witnesses must sign, or the testator must acknowledge the will before a notary public.
A court can challenge or invalidate a will that does not meet these requirements, undoing everything you intended it to accomplish. An attorney can help take the guesswork out of the process, ensuring your will meets every requirement.
Can You Update Or Change A Will?
Yes, you can update your will at any time as long as you are of sound mind. Doing so simply means drafting a new will that replaces the old one. It is generally advisable to review your will every five years. However, certain life events should also prompt a review, such as:
- Marriage, divorce or a change in domestic partnership status
- The birth or adoption of a child
- The death of a named beneficiary or guardian
- A significant change in your financial situation or assets
- Relocating to another state
When any of these occur, provisions that made sense when you first drafted your will may no longer reflect your intentions. A guardian you named years ago may no longer be the right choice. An asset you planned to leave to someone may have changed significantly in value.
Our estate planning lawyers can assess your existing will alongside your current circumstances. They can help you identify what needs to change so your plan stays as relevant as the day you created it.
Speak With An Evergreen Estate Planning Attorney
A will is the foundation of every sound estate plan. Having one that is clearly written and legally valid makes all the difference for the family members you leave behind.
At Jones Law Office, LLC, our attorneys serve as trusted legal allies to families in Evergreen and the surrounding Denver communities. We offer both in-person and remote appointments. Call us today at 303-469-2340 or send us a message to schedule a consultation.