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Boulder, CO 80302

(303) 443-6690

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Vail, CO 801657

(970) 479-9989

​​​​© 2023 Stevens, Littman, Biddison, Tharp & Weinberg, LLC    |    250 Arapahoe, Suite 301, Boulder, CO 80302   |    info@slblaw.com   |    303.443.6690

​​​​© 2023 Stevens, Littman, Biddison, Tharp & Weinberg, LLC    |    250 Arapahoe, Suite 301, Boulder, CO 80302   |    info@slblaw.com   |    303.443.6690

ESTATE PLANNING

TRUSTS, WILLS, AND ESTATES

What is probate administration? Probate administration is the legal process by which a person’s assets are used to pay his/her creditors and then distributed to heirs or beneficiaries based on 1) an estate plan; 2) intestate succession. When a person dies without a will, the State determines his/her heirs through the statutory scheme of “intestate succession.” In 2016, one of the more famous people who died without a will was Prince, who was unmarried and left no surviving children at his death. The SLBTW, LLC, newsletter addressed the issues associated with a complex estate which was intestate left by Prince in its piece Dying Intestate.

 

When someone dies intestate, a probate court oversees the administration of the decedent’s estate and distribution of assets pursuant to statutes. If the Decedent dies with a will, the probate court oversees the distribution of the estate to ensure that the decedent’s wishes are followed.

 

We can help you determine whether, or to what extent, you may need legal advice or help in completing the probate process. Colorado adopted the Uniform Probate Code (“UPC”) and the probate procedure is generally far simpler in Colorado than in non-UPC states.

 
What is probate litigation?

 

A will, trust, or other will substitute may provide clear direction for the Decedent’s intent for his/her assets. Or it may not. Probate litigation is the process by which contesting heirs or beneficiaries present their respective cases to the Court for a determination of the “proper” outcome for the distribution of Decedent’s property and/or assets. SLBTW has many years of experience litigating complex and difficult probate matters.

ESTATE PLANNING - WILLS AND TRUSTS

Estate Planning is the term generally used to describe legal documents used to pass the assets owned by a person at his/her death. Without proper estate planning, the assets in your name at your death may pass to heirs chosen by the State of Colorado through intestate succession. Taking proper care when planning your estate is one of the best ways to protect your family’s welfare, ensure your wishes are followed, plan for a possible disability, and utilize and maximize the current lifetime exemption amount for estate tax purposes. 

 
A carefully crafted estate plan enables you to:​

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  • Keep assets accessible to provide for your needs

  • Appoint for financial and medical decision-makers should the need ever arise

  • Provide nominees for guardianship and conservatorship for minors or mentally disabled adults

  • Preserve funds inherited by minor children to provide for their support, health and education

  • Plan for special needs adults or minors and non-traditional family units

  • Provide for charitable tax savings and gifts

 

Stevens, Littman, Biddison, Tharp & Weinberg, LLC’s estate planning attorneys give practical advice with sensitivity and compassion. 

Our experience working with clients from a variety of economic backgrounds is an asset—we tailor estate plans to fit your distinct financial circumstances and provide valuable insight regarding what options best suit your needs.

 

We employ the following tools when planning your estate:

  • Simple and complex wills

  • Trusts

  • Insurance policies

  • Family partnerships

  • Conservatorships

  • Guardianships

  • Powers of attorney

  • Living wills

 
Estate Planning & Probate Administration

 

Our attorneys have experience filing and administering wills through the probate court system.  We review your legal situation and determine whether you need a lawyer to see you through the entire probate process or administer only a portion of it.  We also help resolve probate disputes and, when necessary, represent clients in probate litigation.