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.

When Does a Guardianship End in Colorado?

What is a guardianship in Colorado?

A guardianship is a court-imposed relationship either for a minor or an incapacitated person. Unless limited by the court who makes the appointment, a guardian for a minor legally steps into the role of a parent, and both a guardian for a minor or one for an incapacitated person are legally responsible for that person’s support, care, education, health, and welfare. Both types must also act in the minor/incapacitated person’s best interests, exercising reasonable care, diligence, and prudence, among other duties. See C.R.S. §§ 15-14-207 and 314 for more information.

When does a guardianship end in Colorado?

A guardianship for a minor ends when the person is no longer a minor (so long as they are not also incapacitated). But “minor” means something different for guardianships than it does in general. For a guardianship, a “minor” is someone who is (1) not emancipated, (2) not married, and (3) not yet twenty one years old. This means a guardianship of an otherwise capacitated minor ends at age 21 unless the minor gets married or becomes legally emancipated before then. See C.R.S. § 15-14-102.

For an incapacitated person, a guardianship terminates automatically at death or by court order, after a hearing showing that the person no longer needs the guardianship. See C.R.S. § 15-14-318.

How does a minor become emancipated in Colorado?

Legal emancipation in Colorado is a bit nuanced, but some events that could render a minor legally emancipated are as follows:

·       Joining the military/armed forces;

·       Living on their own and supporting themselves financially;

·       Supporting themselves financially and conducting their lives completely independently;

·       Receiving a court order of emancipation;

·       Getting married

What does incapacitated mean for purposes of a guardianship?

An incapacitated person is someone who is unable to effectively receive or evaluate information, make decisions, or communicate decisions to such an extent that they are no longer able to maintain physical health, safety, or self-care (even with technological assistance). See C.R.S. § 15-14-102.

Do you or someone you know need to terminate a guardianship?

We at Gant Law, LLC are skilled at both opening, limiting, and terminating guardianships. Give us a call today and we will be happy to guide you through this process.

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.

Matter of M.N. and M.N.

Our clients came to us with a breach of warranty dispute that had resulted in their loss of thousands of dollars. Because of our tenacious representation and our clients' attention to detail and willingness to stand up for themselves despite numerous attempts by the opposing party to shut the case down, we were able to obtain a settlement for the full damages and all attorney fees and costs. 

Imputing Income to Non-Working Parents – Colorado Changes from the 2023 Legislative Session

If you’re involved with either receiving or paying child support, you’ve probably heard about the concept of imputing income to a non-working parent. In Colorado, the amount one pays in child support is decided by a few factors, with one of the major ones being how much monthly gross income each parent receives. But what happens when one parent just stops working or takes part-time work that earns less than they would have otherwise made?

Under Colorado Revised Statutes §14-10-115, Colorado courts have long been permitted to attribute income to a parent who they find is either voluntarily not working at all or not working as much as they reasonably could be. No more playing the “I’ll just quit and not have to pay support” game. This ability to impute income, however, has been both bane and blessing. For parents truly trying but struggling to find good work, the statute has sometimes been used to their detriment, imputing a full 40-hour work week and 52-week year of income, which could then either greatly reduce the support received (if they are the receiving parent) or even land them with an unbending support order that mounts and gains interest.

What changed in 2023 for non-working parents?

In 2023, the Colorado legislature updated the statute to include a bit more flexibility and leniency for those non-working parents. In subsection (5)(b.5)(II), the court now first considers the “typical hours available to workers in the parent’s job sector.” If the court does not receive good information about what those typical hours would be, then the they will default to imputing only 32 hours/week of work and 50 weeks per year to the non-working parent, as opposed to 40 hours/week and 52 weeks per year.

What does this mean for working parents?

For a working parent, the same statute—C.R.S.§14-10-115—defines what all counts as income and what doesn’t. Income is generally pretty broad and includes most all types of money coming in. It can certainly feel (and sometimes is) unfair for the parent who is working to bear the brunt of the support, but it is important to remember that the statue is setup to ensure there are funds for the child or children. Yes, those funds are given to the other parent, and yes that parent then makes decision about spending, but ultimately, the intent is to provide for the child.

Now, one subsection—(5)(a)(II)—does exclude certain types of income for the working parent. This includes income from additional jobs that result in employment of more than 40 hours per week or more than “what would otherwise be considered to be full-time employment.” It is unclear whether the legislature considered changing this section to go hand-in-hand with the imputation section, but there appears to be a discrepancy now that they did not make such a change.

This could be a good time for working parents to bring this “what would otherwise be considered full-time” language back to the court’s attention. Defining what would is considered full-time employment in Colorado is not always straight-forward, and usually depends on an employee’s classification, but in some areas of Colorado’s Administrative Code, full-time is indeed defined as 32 hours, so an argument could potentially be made that a working parent’s income should also only include one job at 32 hours of pay. This is a novel argument, but one that might be ripe for consideration in fairness with the change to (5)(b.5)(II).

Congratulations, Brynne Gant, as the Incoming President of the Weld County Bar Association

Congratulations to Brynne Gant, founder of Gant Law, on her appointment as the President of the Weld County Bar Association. With her extensive experience and dedication to the legal community, Brynne hopes to address key issues, promote access to legal services, and encourage collaboration among attorneys in Weld County. Her leadership will bring fresh perspectives and innovative ideas to the table, benefiting both legal professionals and the community they serve.

As Brynne assumes the position of President, working together with the Board, we anticipate positive change and progress within the Weld County Bar Association. Her passion for the law and her commitment to serving others will undoubtedly shape her tenure, and we look forward to witnessing the impactful contributions she will make during her time as President.

Congratulations once again to Brynne Gant on this exciting appointment, and we wish her great success in her new role.

Should I Hire an Attorney for my Colorado Divorce?

Divorce is a complicated and emotionally charged process. It is not something that should be taken lightly or without professional guidance. One of the most important decisions that you can make when going through a divorce in Colorado is to hire an experienced attorney. Here are some reasons why:

1 Understanding Colorado Laws

Colorado has specific laws and procedures for divorce. Hiring an experienced attorney who is familiar with Colorado divorce laws can help you navigate the process and ensure that your rights are protected. An attorney can also help you understand the legal terminology and procedures involved in your divorce case.

2. Protecting Your Rights

A divorce can have a significant impact on your life, your finances, and your future. An experienced attorney can help you protect your rights throughout the divorce process. This includes ensuring that your assets are fairly divided, that any child custody arrangements are in your child's best interest, and that you receive any spousal support to which you may be entitled.

3. Negotiating Settlement

Divorce cases can be resolved through settlement negotiations or trial. An experienced attorney can help you negotiate a settlement that is fair and equitable. Settlement negotiations can be complex, and an attorney can help you navigate the process to ensure that your interests are protected.

4. Handling Court Proceedings

If your case goes to trial, an experienced attorney can represent you in court. An attorney can present evidence, cross-examine witnesses, and argue on your behalf. Going to court can be a stressful experience, and having an experienced attorney by your side can help you feel more confident and secure.

5. Providing Emotional Support

Divorce can be an emotionally charged process. An experienced attorney can provide you with emotional support and guidance throughout the process. Your attorney can help you make informed decisions and can provide you with resources and referrals for counseling or therapy if needed.

In conclusion, hiring an experienced attorney is crucial for anyone going through a divorce in Colorado. An attorney can help you navigate the legal system, protect your rights, negotiate settlements, represent you in court, and provide emotional support. A divorce can be a difficult and overwhelming experience, but with the help of an experienced attorney, you can feel more confident and secure throughout the process.

What is a Paralegal and Why Should I Care If My Law Firm Has One?

A paralegal is a professional who assists lawyers in various legal tasks. They work under the supervision of a lawyer and provide support in areas such as document preparation, research, and case management. Some of the specific duties of a paralegal may include conducting legal research, drafting legal documents, organizing case files, interviewing clients and witnesses, assisting with court filings, assisting in court logistics, and other administrative tasks.

Paralegals can work in a variety of settings, including law firms, corporate legal departments, government agencies, and non-profit organizations. While the specific duties and responsibilities of a paralegal can vary depending on the employer and the area of law in which they specialize, they generally play an important role in helping lawyers to provide high-quality legal services to their clients at a lower cost to the customer.

It is often joked about, but accurately stated, that paralegals are the workhorses of a law firm.

Why should this matter to you?

Ultimately, a paralegal on staff saves you money on your legal fees in several ways.

First, they can assist lawyers with various simple but necessary tasks, which allows the lawyer to focus on the more complex legal issues and strategy in a case. This enables the attorney to bill their hourly rate only for things an attorney needs to have their brain and skills on.

Second, paralegals can handle many administrative tasks, such as document review, drafting legal documents, and organizing case files. This can save clients money because paralegals generally charge less per hour than attorneys.

Third, paralegals are trained to conduct legal research and stay up-to-date on legal developments. This means they can often find the information needed to resolve legal issues, answer questions, determine procedure, or quote case law in pleadings quickly and cost-effectively.

Overall, by working closely with lawyers and taking on many of the administrative and research tasks, paralegals can help to streamline legal processes and reduce costs for clients. Here at Gant Law, ethical billing is a matter of principle and pride for our whole team. In the best interest of our client’s financial well-being, we proudly employ two paralegals and plan to expand as demand allows. Our paralegals work hard to do any and all tasks ethically within their ability in order to reduce costs for our clients and free the attorneys to do what attorneys do best – look out for their client’s best interests and advocate strongly for their case.

What is a prenuptial agreement and should I get one?

A martial agreement, also commonly known as prenuptial agreement, prenup, and/or post-nuptial agreement, brings with it a certain negativity in many minds of the general public – but is that negative connotation warranted? Of course, the answer always depends on the individual situation, but a marital agreement can be a very useful tool for couples entering into a marriage who want to get on the same page as to their finances and expectations upon death or divorce.

First off, it is important to explain what a marital agreement is and what you can include within such an agreement. A marital agreement is a legal contract between two individuals who intend to marry (or who are already married) that outlines their marital rights and obligations upon one of the spouse’s death or divorce, or even sometimes during the marriage. Most commonly, marital agreements are used to outline financial settlement upon divorce.

Colorado has adopted the Uniform Premarital and Marital Agreements act, also known as UPPA, which outlines the requirements and prohibitions within a marital agreement.

Every marital agreement requires the following:

• The agreement must be in writing and signed by both parties freely and voluntarily.

• The agreement must not interfere with other agreements signed by the parties under UPPA.

• The agreement must be fair, reasonable, and not unconscionable.

• Both parties have fairly and accurately disclosed their assets and existing financial obligations.

• Both parties had access to independent legal counsel or the agreement advised them of their waiver of that right.

Importantly, a marital agreement cannot be created against public policy and cannot contract for any terms concerning children, or child support.

With a properly drafted marital agreement, both parties will be able to define property rights, allocate liabilities, establish spousal maintenance upon a divorce, and a whole host of other financial terms, so long as the provisions do not violate public policy.

We know conversations between spouses when considering a marital agreement can be difficult and we at Gant Law are here to answer any questions you may have along the way. If you are considering entering into a marital agreement with your spouse and are looking for an attorney to aid in the drafting of the agreement or reviewing a previously drafted agreement before you sign, give our office a call and schedule a consultation today. We look forward to speaking with you soon!

New Associate, Jess Mclaggan

Gant Law is thrilled to welcome Jess Mclaggan, as our newest associate attorney. Jess grew up in Colorado Springs, Colorado near Cheyenne Mountain before heading southwest to Arizona for college. She attended Grand Canyon University and graduated in 2018 with a Bachelor’s degree in Business Administration. After graduation, Jess returned home to Colorado to begin law school at the University of Denver’s Sturm College of Law. During law school, Jess earned her Certificate in Basic Legal Research, submitted multiple directed research projects, and represented clients as a student attorney in the Environmental Law Clinic. Now she looks forward to using all she has learned to help people alongside the team at Gant Law. In her spare time, Jess loves reading, camping, exercising, petting every dog she meets, and family game nights.

Estate of D.S.

Our client was tasked with caring for their ailing mother, moving her from one state to another, finding her housing, and then, after her passing, managing her entire estate. Completing these tasks, while grieving, and trying to navigate the confusing court system can be overwhelming. We were happy to be able to help guide our client through this process and successfully complete the move, the housing, and finalize the estate efficiently, allowing our client to focus on grief and healing.

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.

Jill S. - Google Review

If you are looking for direct, honest, and a clear legal representation go with Gant Law. My case went on for over a year, it was not the normal dissolution process. When Brynne thought we needed more - reviews from certain areas of law, private investigators, or certain process servers, she would always give me the choice with options. Her and her staff would always listen to my concerns and advised, addressed or documented all of them. Legal issues and court are stressful; however, the Gant Team will navigate the system for you. A law firm you can TRUST!

2023 Rising Star Award Given to Gant Law Owner, Brynne Gant

For the third year in a row, congratulations to Brynne Gant of Gant Law for being given the Rising Star award by Super Lawyers!

Every year, Super Lawyers recognizes a select 2.5% of attorneys from law firms around the entire United States to be given this recognition. To be recognized as a Rising Star there is a formal selection process to ensure that only the best are given this recognition.

Step 1: First, the candidate must be nominated by a peer or independently identified through the Super Lawyers research department.

Step 2: Super Lawyers’ researched department does an in-depth evaluation on each candidate based on 12 indicators.

• Verdicts/Settlements

• Transactions

• Representative Clients

• Experience

• Honors/Awards

• Special licenses/certifications

• Position within the law firm

• Bar and/or professional activity

• Pro bono and community service

• Scholarly lectures/writings

• Education/employment background

• Other outstanding achievements

Step 3: The candidates in each practice area with the highest point totals from steps one and two are asked to serve on the blue-ribbon panel. Those panelists are then provided a list of candidates from their practice areas to review, rating them on a scale of one to five.

Step 4: Candidates are grouped into four firm size categories. Those with the highest point total from each category are selected and given the Rising Star Award.

New Associate, Courtney Bine

Courtney grew up in St. Louis, Missouri before venturing out of state for college. She attended Florida State University, graduating in 2018 with a double major in political science and sociology. After graduation Courtney worked for the Department of Children and Families in Leon County, Florida for a year before moving to Colorado to begin law school at the University of Denver’s Sturm College of Law. Throughout law school Courtney has always been passionate about helping others through the practice of law. She was able to display that passion through her efforts as a student attorney in the Community Innovation and Equity Project, and as a board member of the Moot Court Board.

Outside of work Courtney enjoys listening to audio books or podcasts while taking long walks, and spending time with friends and enjoying what Denver has to offer.

Courtney is a brilliant attorney who will be focusing on Trusts and Estates as well as Probate at the firm.

Welcome, Courtney!

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…..

Interest of C.Q.

Our client was being accused by an ex-spouse of poor parenting–even rising to claims of neglect and enabling–for a special-needs child. The accusatory ex-spouse was a decorated professional with an educational background that appeared on its face to be well-suited to the special-needs child’s struggles. However, that ex-spouse was also prone to skepticism, anger, and aggression with our client. Because of our client’s ability to always put the child first and stand firm against the power displayed by her ex, we were able to demonstrate her care and support for her child, her well-reasoned decisions, and even her ability to foster a relationship with her aggressive ex for the sake of her child. After a contested court trial, we secured a very favorable parenting time result and order.