Do you need a will or trust? Well, it depends. When you're young, single, have no children and few assets, you may get by without a will. But if you should pass without one, your estate would be considered "intestate," and so state statutes control how your estate will be divided. And if you are married without a will, in Colorado there is a complex procedure for ensuring that a decedent's spouse, children and other relatives are provided for. The disadvantage to both scenarios is that the state decides how assets are apportioned, you do not.

Further complications arise if you have minor children and leave no will behind. The court ultimately decides who is appointed as the child's legal Guardian (the person who houses, cares for and has parental responsibility for the child) and Trustee (the person who watches over and manages the assets you leave your child). If there is no clearly written will to refer to, a custody battle of sorts can ensue: Does the child move to Cincinnati with Uncle Irv or to Phoenix with Aunt Martha? And who manages the trust until the child is no longer a minor? Have you been divorced since your will was written? If so, you must prepare a new will.

Obviously you want to be in control of these decisions. When you properly prepare a Will with Contingent Trust, not only do you decide who will receive your estate but you also decide who will be in charge of probating your estate (your Personal Representative), who will be your children's Guardian and who will be your children's Trustee.

Drafting or updating a Simple Will or Will with Contingent Trust need not be difficult nor expensive. At your preference, we can meet in person or by phone, draft your documents and then arrange an appointment for you to come sign them in front of witnesses and a Notary Public.