Wills & Estate Attorneys in Boulder, Colorado

Planning for the future of your estate is one of the most significant and personal decisions you will make. Whether you’re drafting a will, establishing a trust, or organizing other estate planning documents, it's important to provide direction for how you want your estate to be administered following your passing.

At Howard O. Bernstein, P.C., we are experienced in assisting our clients with creating wills and other key estate planning documents to help you protect your assets and secure your family’s future. Located in Boulder, Colorado, we serve clients throughout Nederland, Longmont, Broomfield, North Glen, and the Denver Metro Area. Contact us today to schedule an in-person or virtual consultation.

The Importance of Creating a Will

A will is a legal document that outlines how your assets will be distributed after your death. It also includes instructions for the care of any minor children, if applicable, and allows you to name an executor to manage your estate. Having a will is essential for several reasons, including but not limited to:

• Control over distribution: Without a will, the courts will distribute your assets according to Colorado's state intestacy laws rather than your wishes. By creating a will, you have control over who receives what from your estate.

• Protecting loved ones: A will allows you to designate guardianship for minor children or other dependents in case of your passing. This ensures that they are taken care of by someone you trust.

• Avoiding family conflict: In the absence of a will, family members may dispute over assets and cause conflict. A clear and detailed will can avoid such conflicts.

• Minimizing taxes: With a well-planned will, you can minimize inheritance taxes and make sure your loved ones receive as much of your estate as possible.

• Peace of mind: Knowing that your affairs are in order and your wishes will be carried out provides peace of mind for both you and your loved ones.

Creating a will is not a one-time task. Instead, it should be periodically reviewed and updated to reflect any changes in circumstances or assets. Some important life events that may warrant updating your will include marriage, divorce, birth or adoption of children, significant changes in assets, and moving to a different state or country.

What You Should Include in a Will

When creating a will, it's essential to declare the document as your Last Will and Testament and include your name, address, date of birth, and that you are of sound mind and not under any duress or influence while making the will. A will should also contain several essential parts to make sure it's legally valid and accurately reflects your wishes. These include:

Executor Appointments

An executor is responsible for carrying out the instructions in your will and handling your estate after your death. It is important to choose someone who is trustworthy and capable of fulfilling this role, such as a family member, close friend, or an attorney. It's often wise to appoint secondary executors in case the primary executor is unable to fulfill their duties.

You may also include specific instructions for your executor, such as how you want your assets distributed or any special requests you may have. It is important to regularly review and update your chosen executor as circumstances and relationships may change over time.

Beneficiary Designations

Identify who your beneficiaries will be and outline any accounts or policies that you have designated to an heir. This can include life insurance policies, retirement accounts, and bank accounts with payable-on-death (POD) designations.

It's crucial to make sure your beneficiary designations are up to date. Discrepancies between your will and your beneficiary designations may result in certain assets being distributed to unintended beneficiaries.

Asset Distribution

Specifically outline how you want your assets to be distributed after your death. This can include physical property, financial assets, and personal or sentimental items. You may choose to distribute them equally among your beneficiaries or specify different distributions for each item.

It is important to consider the potential taxes and fees that may occur during the distribution process and make provisions for them in your will.

Healthcare Decisions

You can also include instructions for healthcare decisions in your will in case you become unable to make them on your own. This may include appointing a healthcare proxy or including an advance directive to specify your preferences for end-of-life care. Documenting these decisions in your will can help make sure your wishes are carried out even if you are unable to communicate them at the time.

Guardianship Allocations

If you have minor children, it is important to name a guardian in your will who will take care of them in the event of your death or incapacitation. It is also recommended to discuss these decisions with any potential guardians beforehand to make sure they are willing and able to take on this responsibility.

How Can Our Firm Help?

At Howard O. Bernstein, P.C., we are committed to helping you create a comprehensive will that reflects your wishes and protects your assets. Our experienced attorney can provide guidance on the legal and tax implications of your decisions and make sure your will is properly executed in accordance with Colorado law.

In Colorado, a valid will requires you (the testator) to be at least 18 years old and of sound mind. You must also sign the will yourself and have it witnessed by at least two adults.

We understand that discussing end-of-life matters can be sensitive and personal, but we are committed to making this process as smooth and stress-free as possible for you and your loved ones. Our goal is to give you peace of mind knowing that your affairs are in order and your loved ones will be taken care of according to your wishes

Wills & Estate FAQ

At Howard O. Bernstein, P.C., we often encounter various questions about wills and estate planning. Some of the most frequently asked questions we receive from clients include the following.

When should I create a will?  

It’s never too early to start planning. Many people initiate their estate planning process after significant life events, such as marriage, retirement, or the birth of a child. The sooner you create an estate plan, including a will, the sooner you can secure your legacy.

What happens if I die without a will?  

If you pass away without a will, your assets will be distributed according to Colorado’s intestate succession laws. This may result in outcomes that do not reflect your preferences, such as excluding unmarried partners or designated friends from receiving part of your estate.

Can I change my will over time?  

Yes. Life circumstances change, and your will should evolve accordingly. Whether you experience a change in marital status, the birth of a new child or grandchild, or a significant shift in financial circumstances, it's important to update your will to reflect your current situation. An experienced attorney can guide you on how to amend an existing document.

Reach Out for Experienced Guidance Today

Drafting a will is a significant part of your estate plan. Whether you need assistance drafting your first will or amending an existing one, it's important to consult an experienced attorney.

At Howard O. Bernstein, P.C., we are dedicated to helping individuals and families create comprehensive wills and other estate planning documents. Located in Boulder, Colorado, we serve clients in Nederland, Longmont, Broomfield, North Glen, and the Denver Metro Area. Contact us today to schedule an in-person or virtual consultation.