We understand that you may
not be ready for the whole estate planning process.
That's OK. Many
people are not ready for that big of a step in planning for
their assets.
We would like to caution
you against obtaining just a will, as it is a
insufficient document when used by itself, and frequently has
unintended or adverse consequences for your family and
assets. You may read about these problems in our page
titled "Common Mistakes".
If you are not sure about
what you need, we are here to help - at no cost to you. We
will even be happy to enroll you in our "Client Law
School" for free, just to give you a hand in informing you
about your options.
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The answer is a strong
no. Estate planning is for most everyone. Don't let the name
"estate" fool you. Estate planning is part of a
process. Many people also refer to it as asset protection.
We like to call it "Life Planning". Estate planning does not discriminate upon income levels.
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Just yourself...and your
spouse (if applicable), and your CALENDAR. We love to have
everyone go through it together, (family members, children,
spouse) as a joint process.
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Attorney Jim Evans
will be your attorney, and trusted advisor. It is
our goal to make your experience with our office more than just
a business transaction. We would like to build a
relationship with you.
Mr. Evans has been
practicing law in Colorado for 24 years, has an M.B.A. from
Georgia State University and a J.D. from South Texas College of
Law. We also have a number of
qualified legal staff who can answer any questions that
you may have and are happy to help! For more information
on our entire staff, please visit our Profiles
page.
The estate planning process
is not a quick one, and there is a reason for that. You
have worked all of your life to accumulate assets, wealth and
wisdom. It would not be in your best interests to throw it
all away by trying to "rush" the
planning process. Our office takes you step by step,
making sure that you understand the entire process. We not
only educate you through our Client Law School™,
but
also keep in contact and update you throughout your
lifetime. As laws change, so does your estate plan need to
change. It is a continuous and evolving process. We
are there with you every step of the way.
As soon as you would
like! Please call us at 303-751-1001 or contact us via
email as to when the next convenient time would be to
meet. We are happy to hear from you and thank you for
giving us a call.
Of course! We make it
a practice to meet with our established clients whose
situation dictates that an office visit is just not
feasible. We ask that new clients visit our office
and meet with Mr. Evans and our staff.
What
is the difference between a "Will" and a "Trust" ?
Wills and trusts are
important death planning tools. When
it is more important to have a trust?
If only there was an easy
litmus test that clients could subject themselves to, which would
provide accurate, consistent and favorable choices in making a decision
as to which tool to use. Unfortunately,
there is no such litmus test.
The reason to choose a will or a trust is individual and,
generally, has nothing to do with how much property or wealth an
individual might have. It
has everything to do with what is the expected or hoped for
outcome of what a person would like to have happen after death. Many
times the choice between these tools is based on a need for a
higher degree of control over a predictable outcome. For instance, a trust may be a more favorable tool to control
and manage property located in more than one state so as to
avoid probate in multiple states.
A trust may also be preferred to manage property on
behalf of loved ones who may be incapable of managing property
for themselves because of age, disability or their own inability
to be able to effectively manage what they are given.
A trust may also be necessary to control and protect
loved ones from predators who would seek to exploit and take
advantage of weaker family members who are unable to protect or
defend themselves. Trusts
can accomplish specific goals such as providing a future for the
education of generations of persons to come after you.
Trusts can also protect against unexpected and
unfavorable future events over which there may be little or no
control. However,
trusts add a layer and level of complexity, both for the persons
who create them and for the family who follow.
Therefore, if someone who did not have some or all of the
problems mentioned above, the will might provide a suitable
planning tool. However,
expectations of what will happen with a will must be clear at
the beginning. The
family who will fulfill and carry out the will must understand
that the will requires much more work after death.
Therefore, preparing the family for probate is important,
both before and after the preparation of the will.
Can't
I just get some simple papers filled out and 'call it a day' ?
Do
I really need an attorney ?
It
is the distinctive characteristics of a good plan which set it
apart from average word-processing.
To this end, the person giving legal advice must be, not
just an attorney, but a counselor at law.
There is a big difference.
Counseling goes back to the age-old tradition of counsel
and advice being the attorney’s stock and trade.
Counseling presumes to offer choices among many
alternatives. Counseling
requires an exchange of information between the client who must
teach the counselor about themselves and the family so that the
counselor will better understand problems and issues to be faced
in order to properly advise the client of options and solutions.
On the other hand, counseling must teach the client the
law and advise the client of the choices and consequences of
their choices. Counseling
is, therefore, the main characteristic of good planning.
Unfortunately,
what many people mistakenly perceive as good planning may be
nothing more than the creation of boilerplate word-processing.
There is no wisdom to be found in word-processing or boilerplate
documents by themselves. Good planning can only come from
the wisdom, which speaks from experience in order to achieve
predictable and favorable results.
In
addition to counseling, characteristics of good planning include
empathy, mutual commitment, a focus on the future and is based
on the value of long-term relationships.
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