Interest of D.L.

Interest of D.L.: Sometimes the best of estate-planning intentions fall short when circumstances change and the estate-plan does not. 

For many years, our client had cared for a spouse who completed estate-planning in another state who then became unexpectedly ill. While caretaking, our client was forced to allow the spouse's family to move into the home, and they did not treat our client well. Our client was also at risk of losing the home and financial security due to the estate-planning documents that had been created out of state.

With careful review of the estate-planning documents and knowledge of the law, we were able to help our client reach an agreement requiring the family members to vacate the property, restoring our client's privacy and dignity, and allowing our client to remain in the home and receive much needed financial-security.

How Much Does a Lawyer Cost in Colorado? A Transparent Look at Attorney Pricing

How Law Firm Pricing Really Works

In the 2025 legislative session, the General Assembly passed (and the Governor signed) HB 25-1090 Protections Against Deceptive Pricing Practices, which is set to take effect January 1, 2026. The goal of this legislation is to dispense with deceptive pricing practices in Colorado. At Gant Law, we fully support pricing transparency and wanted to take this opportunity to provide some insight into attorney pricing for those seeking legal services.

When hiring an attorney, one of the first and most common questions is: How does pricing work? For clients unfamiliar with legal services, the answer can feel opaque or even intimidating. At Gant Law, we believe transparency and clarity are essential. So, here’s a straightforward explanation of how hourly billing works—and what it actually means when you receive an invoice from a law firm.

What You're Really Paying For

Unlike purchasing a product with a price tag, legal services are not about materials or parts. What you’re paying for is a professional’s time, expertise, and judgment. An attorney’s service is their knowledge and experience—the ability to interpret the law, assess your case, and apply strategy to your unique situation.

The most common way to value that knowledge is by tracking the time spent delivering it. That’s why most Northern Colorado law firms, especially in complex areas like family law and probate, use hourly-rate pricing.

Why Not a Flat Fee?

You may have heard of attorneys offering flat fees, and in some practice areas—like simple estate plans or uncontested matters—that works well. But for areas like litigation, guardianships, contested divorce, or estate administration, there are simply too many variables. Every case is different. Every opposing party behaves differently. Every court has its own nuances and timelines.

In these types of cases, guessing at a flat fee could either overcharge the client or leave the attorney unable to cover the time truly required. Hourly billing allows for flexibility and fairness based on the actual complexity and duration of your case.

The Role of a Retainer

Clients are often confused about the term "retainer.” It’s important to understand that a retainer is not the total price of your case. Instead, it’s a form of prepayment—think of it like a down payment or security deposit.

These funds are deposited into a special trust account and remain your property until the attorney earns them by working on your matter. Some firms use the funds right away to pay your first few invoice (or invoices). Others hold onto the retainer for the life of your case and return it at the end if unused. Either way, anything not earned goes back to you.

In Colorado, trust accounts are regulated and monitored. Interest earned from these accounts (if any) is sent to the Colorado Lawyer Trust Account Foundation, which supports civil legal aid services for those who cannot afford it.

How Time Is Tracked (And Why It Matters)

Attorneys typically bill in time increments. In Colorado, courts have said that billing in up to 12-minute increments (or tenths of an hour) is legally permissible. But here’s the problem: if a task takes just one or two minutes, you could still be billed for the full 12.

At Gant Law, we don’t think that’s fair. We bill in 3-minute increments (or twelfths of an hour), which more closely aligns with the actual time tasks require. That means our clients are paying for what’s truly necessary—no more, no less.

Hourly Rates: What Do They Reflect?

Hourly rates in Northern Colorado for family law and probate matters often range from $225 to $450, depending on the attorney’s experience, knowledge, skill, and the complexity of the case. But here’s an important truth: a higher hourly rate doesn’t always mean a higher overall cost.

Why? Because experience brings efficiency. A seasoned attorney may complete a complex task in half the time it takes someone with less experience. That’s why the total cost of a matter is often more about efficiency and decision-making than just raw hourly numbers.

At Gant Law, we strive to assign the right task to the right professional. If a paralegal can do the job just as well, they will—and you’ll be charged the paralegal rate. If an attorney does a paralegal task for convenience, we’ll still bill you at the paralegal rate. If we do work that doesn’t meet our internal quality or timing standards, we may even reduce the rate or charge nothing at all. When two attorneys collaborate, and the full benefit of both isn't necessary, you'll also see that time billed at half rate.

What You're Billed For—and Why

If a task was required for your case, it is generally billable. That includes:

• Reviewing records;

• Drafting pleadings;

• Analyzing facts and law;

• Strategizing or preparing for hearings;

• Communicating with you, the opposing party/attorney, witnesses, the court, etc.

It may surprise some clients to see time billed for reading emails or making quick phone calls. But that’s because even those actions require legal attention. Our job is to think critically about everything that enters your case—and that includes correspondence. Knowing the full facts on your case is the only way analysis can be comprehensive.

“We believe legal fees should never feel like a surprise.”

— Gant Law

How to Keep Legal Costs Down

This is a question we’re always happy to answer. The number one tip: respond to your attorney’s requests accurately and on time.

It may sound simple, but it’s key. Nothing wastes more client money than delays caused by incomplete information. If your attorney asks for records, inventories, forms, or documentation, turn them in quickly, fully, and in the format requested.

Also, consolidate your questions when you can. Every email or call you send requires a response—and each response is time. We’re ethically required to respond, and we want to be helpful. But if you send 10 separate messages instead of one well-thought-out email, your bill will reflect that.

Transparency and Communication

Attorneys in Colorado are required to provide detailed billing records. At Gant Law, we send regular invoices (usually monthly) that show exactly how your matter is progressing. Every three-minute increment is accounted for. We aim to include enough detail so you know what was done, without exposing sensitive information in case the court ever needs to review the invoices.

We believe legal fees should never feel like a surprise. That’s why we’re transparent about both our pricing and your case’s direction. We’ll advise you about what’s coming up, the options you have, and what we can do to help manage expenses without compromising quality.

Final Thoughts

We know legal representation can feel expensive. Good legal work can also prevent costly mistakes, resolve conflict more efficiently, and bring peace of mind in difficult times. At Gant Law, we take seriously the responsibility of providing service that is both excellent and fair.

If you still have questions about how hourly billing works, or how we approach fees in your specific type of case, we’d be happy to talk with you. We don’t want you walking into a legal matter feeling unsure or confused—we want you feeling confident, informed, and empowered.

Who Really Owns the House? Understanding Marital Property vs. Title in Colorado

When it comes to dividing property in a divorce or planning an estate in Northern Colorado, one of the most common misconceptions we hear is: “But the house is in my name—so it’s mine, right?” Not so fast.

Under Colorado law, especially here in Greeley and throughout Weld and Larimer Counties, how an asset is titled does not determine whether it is considered marital property. Instead, the key question is: When and how was the property acquired?

What Counts as Marital Property?

In Colorado, any property acquired during the marriage is typically considered marital property, regardless of whose name is on the deed, account, or title. That means even if only one spouse’s name appears on the house deed or bank account, it could still be subject to division in a divorce.

What Counts as Separate Property?

By contrast, certain assets are considered separate property and are not subject to division, including:

• Assets owned before the marriage (but watch out: growth in value is still marital)

• Inheritances received by one spouse

• Gifts made to one spouse individually

However, this is where things get tricky: if separate property is commingled with marital property,or retitled jointly, it can lose its separate status.

Commingling and “Gifting” to the Marriage

Let’s say one spouse had a house before marriage, but after marrying, adds the other spouse to thedeed or uses joint funds to pay the mortgage. That’s called commingling, and it may convert all orpart of that house into marital property.

Even more clearly, if the property is retitled into joint names during the marriage, Colorado courtsoften view that as a gift to the marriage, unless there’s a valid marital agreement that saysotherwise.

Why This Matters for Divorce and Estate Planning in Greeley

Whether you’re planning for the future with a trust or going through a divorce, understanding how Colorado defines marital versus separate property is essential. It’s especially important in family businesses, farming operations, or cases involving inherited land or assets, which are common in Weld County and the Greeley area.

Need help protecting your separate property or planning for a fair distribution? At Gant Law, LLC, we guide individuals and families in Greeley and across Northern Colorado through estate planning, prenuptial agreements, and property division during divorce. Contact us today to schedule a consultation.

Gant Law Helps Create New Case Law

Gant Law is pleased to have contributed to the Colorado Supreme Court's recent decision in the Matter of the Estate of Ashworth, along with co-counsel Sharlene Aitken of Aitken Law, LLC. The Court's holding adds clarity and legal authority to a practice that has been long-recognized in Colorado: the limited disclosure of certain medical records in cases where a party has a reasonable belief that their deceased loved one was unduly influenced or lacked capacity to make a change to their estate plan before they passed. We feel this holding will better safeguard many of our most vulnerable community members, including those with compromised mental capacity, by making it more difficult for third parties to exploit them without recourse.

Read the full Colorado Supreme Court Opinion here: https://shorturl.at/8RwrB

Handwritten Wills in Colorado

Colorado law requires that a person who finds a will must lodge the will with the probate court in the county in which the testator resided at death within 10 days after the testator’s death or, if found after those 10 days, as soon as the person has found the will. See C.R.S. § 15-11-516. After someone passes away, loved ones often begin cleaning out their homes, and it is not uncommon to find a handwritten document that seems to be a will. Because having a valid will determines whether it must be lodged with the court and changes the course of the probate process, it is very important to be able to determine whether a handwritten document of this kind is considered a valid will (called a “holographic will”) or not.

A valid will must be (1) written, (2) signed by the “testator” (the subject of the will), and (3) either notarized or signed by two witnesses. However, a handwritten document that appears to serve as a will may also be considered a valid holographic will in Colorado so long as it meets certain requirements under C.R.S. § 15-11-502(2).

A valid holographic will, whether or not witnessed, requires that the signature and material portions of the document are in the testator’s handwriting. The law makes a small exception for testators who were physically unable to write so the will may contain portions that are not in the testator’s own writing; however, generally, the document must be substantially written by the testator. These requirements apply to an amendment or revision (a “codicil”) to an existing will as well.

Whether the testator intended to create a will is the first priority, so courts take caution when determining if a holographic will is valid or not and may heavily interrogate the validity of a purported holographic will in order to make sure no one has falsified it for personal gain. Intent that the document constitutes the testator’s will can be established by use of extrinsic evidence, including portions of the document that are not in the testator’s handwriting. But even with use of extrinsic evidence, folks who have handwritten their wills without help from an attorney may use unclear language, which can make it hard to know what to do with their estate.

If you have found a handwritten document that appears to lay out the wishes of a deceased love one, don’t hesitate to reach out to an experienced probate attorney for help determining whether it may constitute a valid holographic will. Holographic wills carry potential to provoke disputes between family members over the estate, particularly when family members have differing understandings of the testator’s intent, and they can change the entire scope of the probate process. Thus, it’s important to know all relevant factors to consider before taking action.

Navigating the Probate Process in Colorado: Benefits, Drawbacks, and Considerations

The probate process is a critical aspect of estate administration, playing a pivotal role in the distribution of assets after an individual passes away. In Colorado, understanding the nuances of probate can empower you to make informed decisions about your estate planning. In this blog post, we will explore the probate process in Colorado, its benefits, drawbacks, and key considerations to help you navigate this often-complex legal terrain.

Understanding the Probate Process in Colorado:

Probate is the legal process through which a deceased person's estate is settled and distributed under court supervision. In Colorado, the probate process typically involves the following key steps:

Filing the Petition: A petition is filed with the probate court to initiate the process.

The court reviews the will, if available, and appoints a personal representative (executor) to administer the estate.

Inventory and Appraisal: The personal representative compiles an inventory of the deceased person's assets and obtains appraisals if necessary. The personal representative also takes steps to secure and protect the deceased person’s assets during the probate process.

Notifying Creditors: Creditors are notified of the death, and a specified period is provided for them to make claims against the estate.

Paying Debts and Taxes: Debts and taxes owed by the deceased person are paid from the estate assets.

Distributing Assets: Remaining assets are distributed to beneficiaries according to the terms of the will or the state's intestacy laws if there is no will.

Benefits of Probate in Colorado:

Court Oversight: Probate provides a structured legal process with court supervision, ensuring that the estate is administered according to the laws of your state.

Creditor Protection: The probate process includes a period for creditors to make claims, protecting the estate from unknown debts after distribution.

Clear Title Transfer: Probate establishes clear ownership and title transfer of assets to heirs, providing a legal framework for the transfer of property.

Drawbacks of Probate in Colorado:

Time-Consuming: Probate can be a lengthy process, delaying the distribution of assets to beneficiaries. Depending on the complexity of the estate, the whole process could take 6 months but could also go on for multiple years.

Costs: We always tell clients that it is impossible to predict how much the probate process might cost, because it depends on a variety of factors, including the family dynamic, whether the decedent had a valid and unambiguous plan in place, whether the assets are easily identifiable and easy to locate, etc.

So, why put in the work, now, to avoid it? Properly prepared estate planning documents are designed to avoid unwanted costs, time, and effort of probate, especially appreciated during a time when families are grieving.

Public Record: Probate proceedings are a matter of public record, potentially exposing family and financial matters to public scrutiny. If family privacy is important to you, avoiding probate should be a goal.

Considerations for Estate Planning:

Avoiding Probate: Explore strategies to minimize or avoid probate, such as establishing a living trust, utilizing joint ownership with rights of survivorship, and beneficiary deeds. These tools, if used correctly, can allow your estate to avoid probate entirely.

Legal Guidance: Consult with an experienced estate planning attorney in Colorado to navigate the complexities of probate and explore tailored solutions for your specific situation.

Reviewing Beneficiary Designations: Ensure that beneficiary designations on assets such as life insurance policies and retirement accounts are up-to-date to streamline the transfer of these assets outside of probate. 

Navigating the probate process in Colorado involves a careful balance of legal considerations, time, and costs. Understanding both the benefits and drawbacks of probate empowers you to make informed decisions when crafting your estate plan. Whether you choose to embrace probate or explore alternatives, seeking the guidance of a knowledgeable estate planning attorney ensures that your wishes are carried out in the most efficient and legally sound manner.

Can't I just write my own Estate Plan online?

Many of these standardized, cookie-cutter legal products advertise low prices and a simple estate planning process.  However, a premade fillable form will not provide you with the time and expertise it requires to specially tailor your estate plan to the nuances of your unique circumstances. Only an experienced attorney can provide you with the effective, suitable set of documents that will meet your particular estate planning needs.

 Here are a few of the most notable reasons to hire an attorney rather than purchase a premade form:

1.     Premade forms do not account for your specific situation. Their nature is to apply generally to all circumstances, which comes at the price of applying well to very few individual situations. This forest-over-trees approach renders these products potentially ineffective or even actively detrimental to your desires.

2.     Laws are not static. They change frequently, and you can count on an experienced attorney to keep up with these changes in order to accurately and effectively meet her clients’ needs. Meanwhile, a premade form may fail to accurately reflect or properly apply a recently changed law in your state, leaving your wishes for your estate unfulfilled.

3.     The companies that sell these products affirm that they are no substitute for an experienced attorney. Their disclaimers often state that they are not in fact, authorized to practice law; that their forms are not guaranteed to be up to date; that their information should not be considered reliable legal advice; and that their services are never a substitute for the services of an attorney.

4.     Customers of these companies oftentimes report poor customer service, ineffective legal services, and questionable business practices.  Meanwhile, when you hire an experienced attorney, you can expect personalized service, expert legal assistance, and transparency regarding payment and services rendered.

Though these products may seem like a bargain, they may result in an ineffective and troublesome estate plan with financial consequences.  Gant Law, LLC can expertly tailor your estate plan to your unique situation so you can effectively protect and preserve your assets in the way that works best for your unique estate and your specific desires. Contact us today to set up a consultation with one of our experienced estate planning attorneys.

Understanding the differences between PER STIRPES, BY REPRESENTATION, and PER CAPITA for Your Estate Plan

Introduction:

Embarking on the journey of estate planning in Colorado is a crucial step towards securing the financial future of your loved ones. In this process, you'll likely encounter terms such as PER STIRPES, BY REPRESENTATION, and PER CAPITA, each playing a vital role in how your assets are distributed among heirs. As you consider these options, it's essential to understand the nuances and implications they carry within the framework of Colorado law. This blog post aims to shed light on the differences between these distribution methods and help you make informed decisions tailored to your unique family dynamics.

PER STIRPES: Preserving Family Branches

PER STIRPES, or "by roots," is a distribution method that emphasizes family lines. In Colorado, if a primary beneficiary predeceases you, their share is passed down to their descendants, ensuring each branch of your family tree receives a fair share. For example, if you have three children, and one predeceases you, their share would be divided equally among their children (your grandchildren).

Consider PER STIRPES if you want to maintain balance among your family branches and ensure that descendants of predeceased beneficiaries are not overlooked.

BY REPRESENTATION: Fairness Across Branches

BY REPRESENTATION, often referred to as "per stirpes with representation," is similar to PER STIRPES but takes into account the number of living descendants in each branch. In Colorado, if a primary beneficiary is no longer alive, their share is divided equally among their living descendants. This method ensures fairness among your surviving beneficiaries, irrespective of the number of descendants in each family branch.

Choose BY REPRESENTATION if you want to consider the number of living descendants in each branch, promoting an equitable distribution among your heirs.

PER CAPITA: Equality Across Individuals

PER CAPITA, or "by the head," distributes your estate equally among living beneficiaries without considering family lines. In Colorado, if a primary beneficiary is deceased, their share is divided equally among the remaining living beneficiaries. This method ensures simplicity and equality among your surviving heirs, regardless of their relationship or family branch.

Choose PER CAPITA if your goal is to distribute your assets equally among your living beneficiaries, regardless of family structure.

Navigating the intricacies of PER STIRPES, BY REPRESENTATION, and PER CAPITA is crucial for creating an estate plan that aligns with your wishes. Consulting with an experienced estate planning attorney in Colorado can provide invaluable insights into the implications of each method, helping you make decisions that best suit your family dynamics and financial goals. As you embark on this journey, remember that a well-informed approach ensures the enduring financial well-being of your loved ones.

Estate Planning for Singles: Securing Your Future, Your Way

Estate planning is often associated with marriage, kids, and accumulated wealth, but the truth is, it's a vital process for everyone, including singles. Whether you're young or old, rich or poor, your unique circumstances deserve careful consideration. Let's delve into the why and how of estate planning for singles, covering both life and death scenarios: 

Everyday Matters That May Affect You:

Income Streams & Assets:

Who will receive things such as your home, cars, bank accounts, investments, and personal property when you pass? Even if you don't have substantial savings, chances are you receive some form of income. Consider what happens to that income after you pass away, including paychecks or other disbursements. If you want a say in who receives those things, and who will oversee the process, a Trust or Will is in order.

Living Arrangements:

Do you live with roommates, friend, relatives, or a partner? If so, do you have written arrangements for what happens if the relationship falters? Who owns your residence? If it’s shared, do you understand the terms of that shared ownership? Who gets to stay if the relationship breaks down? If you (or someone else) has been paying toward portions of the residence of utilities, have those gone toward equity, contributions that can be paid back, spent rents, or something else? And for those who will receive your things when you pass, will those people be able to distinguish what's yours from what’s not?

These issues can be addressed through proper estate-planning tools such as cohabitation agreements, deeds, and a will or trust.

Healthcare Needs:

In case of medical issues, do you have someone designated to make choices when you can't? From anesthesia decisions to surgery risks, having a trusted person in place is crucial. You can designate a trusted friend or loved one to help you with these through use of a Medical Power of Attorney.

Similarly, do you have wishes for how your medical decisions would be handled in the case of a terminal illness or coma? Physicians and medical teams are unable to make certain decisions without written directives from you. Here is where an Advance Directive (sometimes called Living Will) comes in.

Financial Responsibilities:

Bills need to be paid, even if you're not there. Surprisingly, some creditors will not accept payments from a third party without written authorization. You’ll want to plan for someone to manage your finances if unforeseen circumstances arise, such as a car accident; if you're away on vacation and payments become due; or if you become incapacitated. A Financial/General Durable Power of Attorney can provide you with the ability to name a trusted friend or loved one to help in these scenarios.

Children:

If you have minor children or children with severe disabilities, do you know who will take care of them if you pass away or become incapacitated? You can nominate a guardian to care for their health and daily needs and a conservator to manage their finances, but such nominations need to be completed clearly and accurately to be effective.

Pet Ownership:

Consider your furry family members. Who has the legal right to enter your home and care for them if you're unable to? Make these arrangements clear, and ensure someone knows how to access your home in case of an unforeseen accident or incident. A Trust and other estate-planning tools can help ensure that all your household members are cared for in the event of your death or incapacity.

Business Assets:

More and more of us are self-employed these days. If that describes you, or if you have any interest in a business, now is the time to make sure the business has an up-to-date operating agreement or similar written documentation that includes planning for a manager’s/owner’s incapacity and/or death. Without such documentation, many times the business assets are dissipated in the process of attempting to wind down and dissolve without clear direction.

Services/Funeral:

Do you have a picture in your mind of what your passing may be like and the services afterward? Without written directions, your loved ones may not know what to do to best celebrate your life. Make arrangements for your funeral services with a Disposition of Last Remains.

 Estate planning for singles is about taking control of the present and securing your future. By addressing both life and death scenarios, you're ensuring that your wishes are known and respected. Don't let the misconception that estate planning is only for married couples deter you – it's for everyone, including you.

What are Legal Retainers: A Guide by Gant Law, Your Greeley, Colorado Family, Probate, and Estate Planning Experts

If you're in Greeley, Colorado, and seeking advice on a family, probate, or estate-planning matter, Gant Law is your local go-to law firm. We understand that legal terms can be overwhelming, so let's unravel the mystery behind one such term – legal retainers.

What's a Legal Retainer, Anyway?

Alright, let's get to the bottom of this retainer business. Think of it like this: when you're about to hire a lawyer to tackle your legal woes, what are they giving you in return? Their time. But once they’ve put in their time, it’s expended, and they cannot withhold it to ensure payment. Thus, the legal retainer. You can think of it as an upfront payment by a client for future time the attorney will put in. It’s the assurance of payment before they roll up their sleeves and dive into your case.

Now, these retainer funds can also go by the name "trust funds." Fancy, right? But don't let that throw you off. This is just a way to assure both you and the lawyer that you're committed to this legal journey.

It's Still Your Money (Mostly)

The important thing about a retainer is that the money you put in is still yours until your lawyer earns it. Your lawyer needs to put in some hours and effort to earn retainer funds. So, until they've put in the work, it's your money, just kept in a safe account. And another cool part? The law firm does not earn any interest on that account. Instead, it goes to a public fund to help with legal needs for those who cannot afford a lawyer.

What Happens After the Legal Dust Settles?

Your legal matter is all sorted, and your lawyer has fought the good fight. What happens if you have leftover retainer funds? Well, no need to worry there. Any of those funds that haven't been earned by the lawyer will make their way back to you.

Trial Retainer

Now, let's say your legal journey is more of a marathon than a sprint. If your case goes all the way to trial, you might need to add more funds to your retainer. But this time, it's called a "trial retainer." It's like a second wind for both you and your lawyer to keep pushing forward. It also will help you more seriously and realistically weigh the pros and cons of settlement, if that is an option for you.

Running Low on Funds? No Problem

Okay, imagine you're driving across the country and your gas gauge is creeping toward empty. That's similar to when your retainer funds start running low. But don't sweat it too much. You won't suddenly find yourself without legal backup. Usually, your lawyer’s firm will give you a heads-up when the funds are running thin.

And if the "low funds" light starts blinking, you'll be asked to top off your retainer. This is often done in $1000 increments. It might feel like a hassle, and in that case, feel free to add more than $1000.

In a Nutshell

So, there you have it – the scoop on legal retainers without the legal lingo. Remember, a retainer is like a financial handshake to kickstart your legal process. You can think of it as a prepayment for legal services. Your lawyer works to earn those funds, and if there's anything left after your legal matter, it heads back to you. Just be prepared for the possibility of a trial retainer or topping up if your funds start dwindling.

Legal matters might be confusing, but the idea of a legal retainer doesn't have to be. It's all about putting a bit of skin in the game to get the legal wheels turning.

What is a Power of Attorney?

Barring certain disabilities, every adult in the US has the right to sign their own contracts, do their own banking, make their own health decisions, and the like. But what happens if that person is unavailable when a decision needs to be made? Perhaps they are under anesthesia when a medical complication arises and a doctor needs someone to choose Option A or Option B. Or maybe the person is out of the country when a document needs to be signed in person. These kinds of situations, and many others, are where a Power of Attorney document comes in handy.

In a Power of Attorney document, a capable adult can delegate certain authority to another person. This could be as broad as giving a trusted loved one authority to do anything you yourself could do (though always with the responsibility to act as they truly believe you would act and never supplant their personal desires for your wishes). This could also be limited to specific tasks such as granting authority to a third party to sign a real estate contract on your behalf so you don’t have to attend a closing in person.

There are two main types of Power of Attorney documents: one for financial issues (often called a ‘General’ Power of Attorney) and one for health issues (usually aptly named a ‘Health Care’ Power of Attorney).

Many times, both documents are used when a person begins to lose the ability to manage day-to-day affairs as well as they once did. A financial Power of Attorney, for instance, is used to allow a trusted child to help with bills—checking the bank account to ensure things are scheduled to be paid on time, that no one is taking financial advantage of their parent, etc. A health care Power of Attorney is often used to allow a trusted child or other third party to attend medical appointments with an aging person and ensure they are understanding medical instructions, such as which medications to take when, what the purpose is, and potential risks or side effects.

If there is no Power of Attorney document in place when the need for help arises, banks, doctors, and others will often not allow anyone to step in to help. If things get too bad—to the point where the person has lost the ability to legally sign a Power of Attorney—then the only remaining option for intervention is usually to get the court involved through a guardianship or conservatorship proceeding.

For this reason, it is important to get Power of Attorney documents completed well before the need arises, and to monitor them from year to year in case your preferences have changed.

At Gant Law, Power of Attorney documents are one of the most important pieces of your estate plan that we help with. Contact us today for help getting these important documents set up.

Should I use a Will or Trust in my Estate Plan?

Before addressing the differences in these plans, it is important to point out what they both provide. With either a trust-based plan or a will-based plan, each client will receive a will, a living will (also known as an advanced directive), financial and medical powers of attorney, a HIPAA release, a directive for disposition of last remains, and a personal property memorandum.

With a trust-based plan, each client would receive their “Will” in the form of a Pour-Over Will. This is a Will that acts as a catchall to “pour in” anything that is not owned by the Trust into ownership of the Trust at the client’s passing. Further, with each trust-based plan, a revocable living trust is created.

A revocable living trust is created with the client becoming the original Trustee, meaning they can change the terms of the trust at any time while they are alive. Another benefit to a trust-based plan is that anything within the ownership of the Trust at the client’s passing will be distributed outside of probate court.

This is one of the key differences between a Will and a Trust. With a Will, the client’s house, cars, and other assets will likely have to go through the probate court to be distributed. Meaning, your nominated personal representative will have to open up the case in probate, allow 4 to 12 months for any creditors to make a claim against the estate, take an inventory and accounting of the estate, pay valid creditors of the estate, and finally distribute the remaining assets according to the Will.

With a Trust, many of those steps are skipped and the successor trustee still must take an inventory and distribute according to the Trust document but they are not subject to the creditor period or other probate rules. They also do not incur the court filing fees.

Which plan is best for you? Here are a few questions to think about:

Do you have minor children?

Do you own real estate?

Do you own real estate outside of Colorado?

Do you have assets that you want to distribute along with specific guidelines for how that asset will be used?

If you answered yes to any of these questions a trust-based plan may be the better fit for you.

Minor children cannot inherit through a Will, meaning a Trust would have to be set up for them if they were still minors at your passing. A less complicated way to address that issue is to create a Trust instead, and your successor trustee would then hold their share in the trust until they are of age to receive their distribution.

For real estate, if you only own one house in Colorado, you could still be okay with a will-based plan, but that house will have to go through probate. If you want to take the hassle and financial burden of probate out of your family’s hands, a Trust can help with that.

Similarly, if you own real estate outside of Colorado, a trust is a good idea. For example: if you own a house in Colorado, but also have a home in Kansas, at your passing each of those homes would have to go through probate in their respective states, but if they are under the ownership of your Trust, they will avoid probate and be distributed according to the Trust outright.

In most other circumstances a will-based plan will do exactly what you need it to do, and probate in Colorado is not a strenuous process if there is a valid Will. Whichever plan is better for you, an estate plan is still worth creating. We would be happy to answer any questions you may have and will help guide you on what plan we think works best for you. Give our office a call today to set up an initial consultation at only $200. If you end up signing on with us to create your plan that consultation fee will be attributed to the plan of your choosing.

Estate of C.S.

A POA agent was abusing their authority by spending the Principal’s funds for their own benefit. Because of our clients’ vigilance, the problem was discovered, and our office was able to uncover over $100,000 of misspent funds. Through a contested court trial, we were able to win back those funds and secure a judgment against the agent in favor of the Estate and its beneficiaries

In the Interest of L.S. and Matter of the S.F. Trust.

Our client came to us concerned about a Guardian and Trustee who was misrepresenting information to the Court and refusing to share information with beneficiaries. Through our client’s resolve and strength and our office’s thorough investigation, due diligence review, and discovery techniques, we learned that the Trustee had committed several serious breaches of both the Guardianship and Trust…..

Roe v. Wade, Dobbs v. Jackson, and What’s Next for Non-Heteronormative Families

There’s a lot of online talk about the Supreme Court overturning Roe v. Wade. As a Colorado law firm focusing on family law and estates, the decision may especially affect our clients. Here’s why:

A Brief Background

As a brief refresher, recall that our government is set up at a federal level and a state level. Federally, we have three branches, including the judicial branch. The Supreme Court’s job is not to create laws, per se (that’s for the legislative branch), but, rather, to interpret laws that are already in place, to construe the US Constitution, and to apply the laws to specific situations.

Have you ever signed a contract and then, later on, something came up in the business relationship and you had to go back and figure out how the contract applied to your specific situation? The wording isn’t always perfectly clear. That’s why we use courts to interpret, construe, and apply such wording to specific scenarios.

In the case of the US Supreme Court, one of the main things they are asked (and allowed) to do is interpret citizens’ rights under the US Constitution. Sometimes, they broaden their interpretation to try to get more at the heart of the document. Other times, they interpret it more narrowly and focus on the letter of the law. Either option—and everything in between those two ends of the spectrum—creates a precedent for future decisions, because each decision can be relied on in similar situations.

At the risk of using a gross oversimplification, it can be said that Roe v. Wade focused on the spirit of the law, while Dobbs v. Jackson (the decision that just overturned Roe) focused on the letter of the law.

Will This Affect My Family?

Maybe. The focus of this article is not on the reproductive rights or rights to life of either mother or fetus (all of which are greatly affected by the decision), but the decision itself could affect other areas of family law and estate planning.

When the Supreme Court makes a decision, it creates case law. Case law is used to help guide and make other decisions that might be similar down the road. The Dobbs Court specifically said they weren’t overturning any other decisions. However, their focus on the letter of the law here could mean that they will now focus on the letter of the law in future decisions as well. This could affect previous case law that was made more on the spirit of the law, including Obergefell v. Hodges, the case where the Supreme Court determined that same-sex marriage is a fundamental right. We have already seen a related abrogation with Fulton v. Philadelphia.

I’m Non-Heternormative. What Can I Do?

Each family will need to decide for themselves what makes sense for them at this time, especially since no one can know the future. That said, here are some options we suggest our non-heternormative clients consider:

·       Powers of Attorney, Will, HIPAA Release: These estate-planning documents may prove crucial if a marriage is invalidated but you want your partner to be able to help make medical and financial decisions for you, gain access to your medical facility if you are ill, help make decisions for your estate if you pass away, and inherit from you. Creating a Will is also important if you want to name your partner as the guardian of your biological children should you pass away or become incapacitated.

·       Beneficiary Agreements: These estate-planning tools have been used for many years in Colorado to provide inheritance rights to non-married partners. 

·       Second-Parent and Stepparent Adoptions: Colorado has a process for a non-married person to adopt a child as well as for a stepparent—which can include any non-biological parent, even if there was a legal marriage to the biological parent at the time of conception—to adopt a child. 

·       Cohabitation Agreements: Cohabitation agreements are used for non-married partners as a way of solidifying each partner’s rights and responsibilities to a shared living situation and property. This can include outlining each person’s responsibilities to pay for things such as the mortgage or utilities, clarifying who owns which assets or how they are jointly owned, and agreeing on terms for using jointly-owned assets and each person’s income. 

If you or your family are afraid of what may come, first, let us just say we are sorry for that fear and we hope the best for you.

If you would like help with any of the above options or other related legal issues, please feel free to reach out to our firm: admin@gantlawoffice.com or click on Contact Us on this page.

Are You Ready to Plan Your Estate?

Planning your estate is something you probably don’t have any experience with, and it can be complex. An estate planning lawyer can answer your questions and take care of anything related to your estate. There are several things you can do to prepare for a consultation with an estate attorney.

Select Your Attorney

 Estate law is very complex and specialized. You’re going to be paying for services, and you’ll want to be confident that you choose the right lawyer for the job. Here are some things to consider:

•       Does the attorney have experience handling estates like yours?

•       Are you comfortable with the office team? The chances are that you’ll be speaking to the receptionist or other staff during the planning process, so it’s good to have a comfortable rapport with them. You should also find out how long it usually takes the office to return a phone call or email.

•       What is the lawyer's fee structure?  

•       Is a free consultation offered?

Before Your Initial Consultation

 Consultation appointments allow you and the attorney to ask questions and exchange information. Estate planning can be expensive, so it’s a good idea to take time to prepare for your first appointment. Everything you do so the attorney doesn’t have to saves you money. There are several documents you should take with you:

•       Most attorneys will ask you to fill out a questionnaire before your first appointment. Provide answers to all the questions for better accuracy and to save time during the consultation.

•       Bring copies of financial documents, such as bank statements, stock certificates, business ownership papers, life insurance policies, and real estate deeds.

•       If you already have a will, a power of attorney, or a trust, you should bring documentation to the consultation.

•       You should bring any contracts, including prenuptial agreements or divorce papers.

•       Prepare a list with contact information for your family members and possible estate executors or trustees.

•       Make a list of questions that you have for the attorney. You may want to ask about current estate tax laws, as they can be very confusing.

•       It’s a good idea to have a written set of goals for your estate planning. This can help you clarify things for yourself and provide a reference guide for your lawyer.

•       Don’t forget potential incoming sums of money you may want to deal with. For example, if you’ve recently been in an accident and have a personal injury claim, you may want to include any settlement you receive as part of your estate plan, as the lawyers at Cohen & Cohen explain.

Besides exchanging information, a consultation is your opportunity to interview the attorney to see if they’re a good fit for you.

Contact an Estate Planning Lawyer              

 Set up a consultation appointment with an estate planning attorney. They can provide more information and answer any questions you may have about their services, fees, or the estate planning process. 

Interest of M.J

Our client’s sibling was caring for their ailing mother for multiple years before burning out. Our client then stepped in as court-appointed conservator. Upon stepping into that role, our client discovered that their sibling had exploited their mother by taking (and later trying to hide) a $25,000 loan and using their mother’s funds for personal purchases. Our client’s mother was in danger of losing Medicaid eligibility because of these actions. With our client’s resolve, dedication, and many hours of work, and with our guidance and legal knowledge, we were able to guide our client toward a successful resolution, avoiding the cost of a contested hearing, and successfully placing our client’s mother in a comfortable and highly-skilled long-term facility.

Rated Top Probate Attorney in Northern Colorado

We are proud to announce that Gant Law, LLC was rated as a top Fort Collins and northern Colorado Law Frim by Expertise. Expertise goes through a thorough selection process, which first identifies all potential providers in the area. In our area, they identified 39 law firms that offer probate legal services. Then they curate and analyze all the law firms’ accreditations, data, capabilities, etc. before finally doing a mystery shopping call to ensure knowledgeability, friendliness, and professionalism.

Interest of S.M.

Client's niece filed a faulty claim against him and motioned to remove him as co-guardian for his sister. Niece's claim was based on assumption only and had no basis in fact. Through investigation, witness interviews, and a successful, contested court hearing, we were able to reveal the truth and show that, in fact, niece was the one who had committed the act she claimed was a breach of fiduciary duties. Client remained in his position as co-guardian. Niece's motion for removal was denied. Client was awarded attorney fees and costs.

Interest of R.B.

Client had cognitive and physical impairments and was being financially exploited by third parties. A family member petitioned for Guardianship and Conservatorship, and Client joined in the petition. However, a unique Visitor’s report was produced and threw a wrench in the uncontested matter. We were able to clearly represent our position and shore up the rebuttal information to make our Client’s wishes heard and made a reality.