FAQ - Estate Planning, Wills, Trusts, Probate, Elder Law Lawyer

In case you have any questions regarding the firm, we have posted some commonly asked ones here for your convenience. We hope that these may lead you to the answer you are looking for. However, should you do not find the answer to your specific question here, we encourage you to submit your question via email. Our Inbox is checked daily, and we hope to respond to your question within 24 hours.

You may, of course call the office Monday through Friday between the hours of 8:30AM and 5PM and speak with someone in person.

1. Free Initial Consultations & Education
Unlike many law firms, we do NOT ask you for a check the first time you walk in the door. That is because we are focused on nothing but a relationship with you. We meet with prospective clients several times before the issue of cost is even brought up. Our process is very unique, and very thorough. There is not a law firm in Colorado that can replicate the kind of legal counseling we provide to our clients. For example, one of the things we do is that we send all of our 'new' clients and prospects to our very own Client Law School™ course, something no other firm can offer you! This course is completely complimentary, providing you with powerful education, tools and advice. We believe that the better informed you are about the legal process, the better decisions you will make with regards to your planning. We also serve you food and beverage at this course. To learn more, visit our Client Law School™ page. Other meetings with our staff beyond this step are free of charge as well, as we meet with you one on one to discover your needs for planning.

2. Cost of Planning
Second, there is a cost for the counseling and preparation of the legal documents. There are several different types of plans, the most basic of which include a living will, power of attorney, advanced medical directives, and disability planning. These start at around $499. A will, which will include all or a combination of the above, will start at $1,500 for single, and $1,900 for married couples.

More advanced documents that require funding, consulting and implementation will start at $2,000 for single and $2,400 for married couples. Beyond these, our trust designing for clients starts at $2,500 for single and $3,000 for married couples.

Determinates of price are based on many things; the size of the estate, the level of complexity, the amount of direction you need for your assets and your death planning, and the number of family members and friends involved, etc.

3. Cost at Death
There is one final cost, that which occurs at death. At our office, we are able to significantly lower the cost of death by 3 to 6 percentage points. It is very common among law firms across the country to have legal costs between 3% and 5% of their entire client's estate. This is typically something that is overlooked by the client when originally doing the planning, having been lured in by a low-cost will, or by the fabrication of simple, quick documents. These seem to be sufficient at the time, but the hidden costs are not realized, and the children of the decedent end up being stuck with that cost. This is unfortunate because most people do not wish their children to go broke after they die.

At our office, we can help reduce that cost to 0.75% of the entire estate. While are upfront costs may be higher than some firms, the benefit at the time of death offsets these costs ten-fold. For example, if you had a $500,000 estate, you would spend:

To have a Simple Will drawn up: $200
Legal Costs at Death: $25,000 ($500,000 x 5%)
Costs of complications*: (unknown)

*Complications are caused by not doing the correct planning, having the wrong type of plan, not updating your plan, and / or mistakes on your plan.

To have a Correct Will drawn up: $1,500
Legal Costs at Death: $3,750 ($500,000 x .075)
Guarantee of no complications*: $0

*Our goal is to do such thorough and correct planning, that there will not be any complications. We do continuous updating of our client's plans to make sure you stay current with the law, something you can't find anywhere else. If such complications do occur as a result of a legal error, we will absorb the cost of the complications.

As the math will indicate, the savings of working with our firm from the beginning is enormous. In the example of the person with a $500,000 estate, having our office do the planning will save them $22,000, and save their children from having to pay those costs.

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What if I want just a will ?

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 F.A.Q. page. 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.

Don't only wealthy people need estate planning ?

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.

What kinds of things do I need to bring with me to the first meeting ?

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.

Who will I be working with ?

Attorney James 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 30 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 Benson & Case firm page.

How long is it going to take ?

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.

When is your next available appointment ?

As soon as you would like! Please call us at 303-757-8300 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.

Can someone meet with me at home ?

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.

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.

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.