Estate Planning Archives - Weinberger Law, LLC

Life Estates

Posted on: 10/23/2023

What is a life estate? A life estate is an interest in property that terminates upon the life estate holder’s death. Prior to their death, the life estate holder has the sole right to use the property (and benefit from income, if any). Upon their death, these rights transfer automatically to another party (the remainder […]

Estate Planning for the High School Graduate

Posted on: 05/19/2020

Most folks don’t start thinking about estate planning until a certain life event triggers the discussion – a recent death in the family, a newborn child, a marriage or divorce. And while these are all good reasons to consider your legacy, the fact is everyone 18 years or older needs at least some kind of […]

Guardian Nominations

Posted on: 10/06/2017

Watch as Duane Duggan of the Boulder Property Network and attorney Gina Weinberger discuss the importance of naming guardians for minor children.

Nominating Your Children’s Guardian

Posted on: 09/08/2017

For clients who have minor children, one of the most sensitive estate planning decisions is who to nominate as their children’s guardian. Here are a few things to consider when making this decision. Generally speaking, the Court will confirm as guardian whomever the parents nominate in writing. If the parents left differing guardian nominations, the Court will confirm the […]

Documenting the Death of a Joint Tenant

Posted on: 03/28/2017

Joint tenancy is a form of co-ownership. If, under a joint tenancy, one owner dies, then his or his interest automatically transfers to the surviving owner(s). This is called the “right of survivorship”. Colorado Law outlines how to properly document the death of a joint tenant. CRS § 38-31-102 requires the survivor record two documents: 1) a […]

Understanding Financial Powers of Attorney

Posted on: 08/25/2016

A Financial Power of Attorney grants another individual (the “agent”) authority to manage your (the “principal’s”) financial affairs. But because they can transfer tremendous responsibility to an agent, it’s important to understand the different types of Powers of Attorney before signing one. Standing v. Springing A Standing Power of Attorney is immediately effective upon the principal’s signing. […]

Selling Properties Through an Estate

Posted on: 08/01/2016

Watch as attorney Gina Weinberger and Duane Duggan of the Boulder Property Network discuss how to sell real estate through an estate.

Small Estate Administration in Colorado

Posted on: 05/01/2016

In Colorado, administering a small estate is relatively simple. The successor (or her agent) simply fills out a small estate affidavit, signs the affidavit in front of a notary, and then presents it to any person or entity controlling the estate’s assets. Nothing is filed with the court and no one is name as the personal representative. This […]

What To Do When a Loved One Dies

Posted on: 03/20/2016

Spend time with your family and friends Some of us find comfort in making to-do lists, but be sure to carve out family and friend time. Make funeral arrangements Look through the decedent’s papers for evidence of a prepaid burial or funeral plan. If the decedent was on public assistance, contact social services to see […]

What a Will Does and Does Not Control

Posted on: 02/21/2016

When planning your estate, it’s important to understand the difference between probate and non-probate assets. That’s because a will — what most think of as the essential substantive document in any estate plan — only controls what are called probate assets. But it’s possible, in fact common, to see an estate without any probate assets. […]