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Denver Elder Law Attorney

What is the Difference Between Elder Law and Estate Planning?

Elder law focuses on guiding and counseling senior citizens with the issues that arise due to aging. Our Denver elder law attorneys help aging people with long-term care, choosing an estate plan, choosing retirement plans, creating wills, and more. While elder law specifically focuses on the elderly, estate planning is applicable to everyone else. It helps people make a plan in advance to control who receives the things you own after you die.

Should I Hire A Denver, CO Elder Law Attorney?

The Denver estate planning attorneys of Colorado Estate Matters, we believe that realistic planning for elder law is always better than buying someone’s “magic beans” that may or may not work and could even be harmful. Our elder law lawyers take a conservative and prudent approach, utilizing all of the tools and techniques legally available to you, such as special needs trusts and long-term care insurance. We practice in the south Denver metro area and throughout Colorado.

Does Colorado offer Medicaid Planning for People Over Age 60?

Nursing home and long term care costs can easily take all of the assets you wanted your beneficiaries to have. Medicaid will cover the costs of this care, but only after you have spent down your assets to become eligible for Medicaid.

Over the years, many tools and techniques, such as asset transfers, have been tried to gain eligibility for Medicaid. Almost all have been disallowed by the government. While there are some Medicaid-planning techniques that still work (at least until their use is ruled out), you need to be careful not to be taken in by anyone promising wondrous results.

What Questions Should I Ask An Elder Law Attorney?

When you are over age 60, estate planning and tax planning become increasingly urgent. The Will that made sense for you at age 40 may not make sense when you are older, especially if you or your spouse are in a position where you may become incapacitated and need long-term care. We will help you prepare for questions such as:

  • At what age should someone contact an elder law lawyer?
  • What will happen if you move to a different state when you retire?
  • What will happen if one of you (either you or your spouse) needs to be admitted to a nursing home?
  • How can you avoid the need for guardianship if one of you should become disabled?
  • Do you need a living trust?

No one plans to fail. However, many people fail to plan. At the law firm of Colorado Estate Matters, Ltd., we provide a comprehensive approach to estate planning for all stages of your life.

Call for a Free Consultation with Our Denver Elder Law Lawyer

Call (303) 713-9147 or fill out the contact form on this website to schedule a no-cost, no-obligation consultation with a Denver elder law attorney today!

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village, Englewood, Centennial, Wheat Ridge, Golden and Arvada.

Schedule a FREE consultation with us.

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Common Probate Questions

What is probate in Colorado?
Probate in Colorado is the legal process by which a deceased person’s assets are distributed and their debts are paid under court supervision.
When is probate necessary in Colorado?
Probate is typically required when a person dies with assets solely in their name, and those assets exceed a certain value, or there’s any real estate. The threshold amount changes over time, so checking the current limits is essential.
How do I start the probate process in Colorado?
To initiate probate in Colorado, you need to determine if formal probate is required, and then file an Application or a Petition (as well as the necessary ancillary documents) with the appropriate court, depending on the circumstances.
What assets are subject to probate in Colorado?
Generally, assets that are solely owned by the deceased, such as real estate, bank accounts, and personal property, are subject to probate. Jointly owned assets with rights of survivorship, assets held in a trust, and assets with designated beneficiaries typically bypass probate.
How long does the probate process take in Colorado?
The duration of probate in Colorado can vary depending on the complexity of the estate and any disputes that may arise. Often it takes a year or more to complete.
What are the costs associated with probate in Colorado?
Probate costs in Colorado can include court fees, attorney fees, personal representative fees, and other administrative expenses. These costs can vary based on the size and complexity of the estate.
Can I avoid probate in Colorado?
Yes, there are strategies to avoid probate in Colorado, such as creating a revocable living trust, using beneficiary designations on assets like life insurance policies and retirement accounts, and jointly owning property with rights of survivorship.
What are the rights and responsibilities of a personal representative in Colorado?
The personal representative (executor or administrator) is responsible for managing the estate, paying certain debts and taxes, and distributing assets to beneficiaries in accordance with the law and the deceased person’s will (if one exists).
How are disputes handled in Colorado probate cases?
Disputes in Colorado probate cases can be resolved through mediation, negotiation, or litigation in court if necessary. Common disputes may involve the validity of the will, claims by creditors, or disagreements among beneficiaries.
Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.

Is estate tax a concern in Colorado probate?

Colorado does not have a state-level estate tax, but federal estate tax may apply to larger estates. It’s important to consider federal tax implications when dealing with an estate.
 It’s essential to consult with an attorney or legal professional experienced in Colorado probate law to get accurate and up-to-date information and guidance on your probate matter.

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