DENVER WILLS Lawyers
The best way to ensure your financial assets and property is handled according to your wishes is to have a will created. An estate plan created by an experienced Denver wills attorney can make the process of distributing property and dividing assets to your family members relatively stress-free and can eliminate unnecessary probate legal proceedings. Despite the clear benefits, experts estimate that approximately 70% of Americans do not have valid wills. While it is difficult for most people to think about their own mortality, many people find great comfort in putting their affairs in order.
Without a will, the property is distributed per Colorado state laws. In such cases, it is up to the probate judge or lawyer to decide how property is distributed. This process can take a great deal of time and money and can leave surviving family members feeling powerless. Instead of creating uncertainty in the future, let your final wishes be known by creating a well-written will. Read below for an overview of will requirements, limitations, and more.
WILL REQUIREMENTS
There are no federal requirements when it comes to how wills are created and executed. Rather, it is up to states to regulate estate planning. For a will to be recognized as valid in Colorado, the testator — the person executing the will — must be at least 18 years of age. The will must be signed by the testator in the presence of at least two witnesses. Wills can be handwritten or typed, but oral wills are not valid. While handwritten wills are permitted in Colorado, typed wills are more defensible in a court of law.
Generally, a testator must sign his or her own will. If the testator is incapacitated or otherwise unable to sign the document, another person can sign on the testator’s behalf in the presence of witnesses. A valid will remains in force until legally revoked or replaced by an ensuing valid will. Amendments are sometimes allowed, but they should be drawn up by a Denver wills attorney familiar with the laws surrounding will revisions.
Our Attorneys Meet Your Legal Team
At Johnson Law Group, our team of skilled and understanding legal professionals proudly provides comprehensive and efficient legal services for all clients.
WILL LIMITATIONS
There are certain limitations placed on wills for the protection of everyone involved. Generally, a married testator cannot leave a surviving spouse out of the will without a valid pre-nuptial agreement. Colorado law dictates that non-dependent children can be disinherited, but this choice should be clearly stated in the document. Other limitations include:
- A will cannot be used to gift property held in possession of a living trust.
- A will cannot avoid probate. It simply serves as a guideline to the courts and your loved ones.
- A will cannot gift life insurance proceeds in a policy for which a beneficiary has already been named.
- A will cannot gift jointly titled assets.
- A will cannot gift money in a bank account that is classified as payable on death
Further, wills cannot gift assets that are not owned solely by the testator.
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Individualized AttentionJust as each family is unique, so is each family legal matter. We always take the time to completely understand your situation so that we can tailor our advice and strategy accordingly.
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Highly RecommendedOur clients often take the time to write and thank us, not only for the results we have earned for them but also for the respect we’ve shown them.
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Supportive CounselWe never lose sight of the fact that divorce and other household conflicts can feel overwhelming. Our family lawyers will answer all of your questions to ease your burden in this difficult time.
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He was responsive, efficient, and coordinated well with my wife’s attorney. Very happy with the final result.- Nick
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I wasn’t familiar with the process of child custody but I must say not only did Myles and his team direct me properly but it was a process that wasn’t money motivated. Very professional group, I was constantly informed of any step or move needed to be made, and they took a very stressful situation and made it a very pleasant storm. Thank you Myles and Johnson group for everything!”- Dwight
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- Aaron
Myles is the best representation for anyone who has to go through an APR case. From day 1 he was very welcoming and attentive to me and what I was going through. I always felt very respected by him and the other members of his firm. Myles always took the time to really investigate any information or things involved with my case. I knew he was truly invested in my best wishes. When there were deadlines that needed to be met, they always were. If I was ever confused about a process, paperwork or court proceedings Myles took the time to explain and make sure I was comfortable and understood what was going on. All the way through Mediation. He was an absolute success and I could not have asked for better representation. I will always recommend Myles to anyone in need an attorney.
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Myles is the most amazing attorney to ever exist. He is always responsive. Cut me a couple deals with phone conversations. He was so helpful throughout the entire process and really cares for his clients. My family would not be whole if it wasn’t for him. I will forever be indebted to him and would refer anyone that needs a family law attorney to this practice. Thank you so much Myles.- Corey
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I called Johnson Law Group extremely frustrated and stressed with the process of my custody case. From the consultation to every conversation after, Elizabeth went out of her way to make sure that i was comfortable with all the matters and decisions. My goals and the safety of my children were always the priority to the JLG team. I highly recommend Elizabeth and the whole Johnson Law Group team to anyone going through custody matters. Elizabeth, Cassidy, and Paola were amazing. I would happily use them again if needed.- Patricia
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- Morgan M.
Katie and Daniel were both attentive and able to handle a case of mine in a short period of time. I highly recommend this firm.
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- Lisa H.
Shana Velazquez and Julie Hernandez helped me with my divorce and they were amazing. Shana was so good about explaining everything to me and calming my anxiety. Being 64 and going through a divorce was very daunting to me and I appreciate their help and kind words more than words can say. I highly recommend them!
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Myles is very professional and well informed in his field. Cassidy their paralegal was also extremely helpful and client driven . 5 stars!- Stevie
CONTACT DENVER WILLS ATTORNEY SHANNON O'KEEFE AT JOHNSON LAW GROUP
Contemplating your mortality is an unpleasant task. However, passing away without a will can be expensive and stressful for your surviving relatives. At Johnson Law Group, we can help you and your family prepare for the future with an estate plan. Attorney Shannon O'Keefe is experienced in estate law and can provide you with the peace of mind you are seeking.
Don’t delay any longer, contact Johnson Law Group today at (720) 712-3303 to schedule an appointment or to discuss your estate plan options.
