Estate Planning and Probate Law Firm Denver

A will is a legal document that specifies how your assets are distributed after death, but it must go through probate court. A trust allows your assets to transfer to beneficiaries without probate, provides privacy, and can offer tax advantages and asset protection. Many Colorado families benefit from a trust-based plan, especially if they own real estate or have complex family structures.

Yes. Estate planning is not just about asset distribution. It designates who makes financial and medical decisions on your behalf if you become incapacitated, names guardians for minor children, and protects whatever assets you do have from unnecessary taxes, creditors, and legal complications. Without a plan, Colorado’s intestacy laws determine what happens—and that may not align with your wishes.

Medicaid planning involves structuring your assets and income to qualify for Medicaid’s long-term care benefits without spending down your entire life savings. In Colorado, Medicaid has a five-year look-back period, so planning should begin well before care is needed. An experienced elder law attorney can develop strategies that preserve your assets while ensuring you or your loved one receives the care they need.

You should review your estate plan every three to five years and after any major life event—marriage, divorce, the birth of a child or grandchild, the death of a beneficiary, a significant change in assets, or a move to a different state. Colorado law changes can also affect your plan, which is why Meurer & Potter offers annual estate plan review services.

If a Colorado resident dies without a will (intestate), state law determines how assets are distributed—typically to a surviving spouse and children in specific proportions. If no immediate family exists, assets may pass to more distant relatives or ultimately to the state. The probate process for intestate estates is often longer and more expensive than for those with a proper estate plan.

Several legal strategies can protect assets from nursing home costs, including irrevocable trusts, Medicaid-compliant annuities, spousal protections, and spend-down planning. The key is to act early—Colorado’s Medicaid look-back period means that transfers made within five years of applying for benefits may be penalized. An elder law attorney can evaluate your specific situation and develop a plan that maximizes your protections.