(303) 268-3991

Law Offices of E. Christopher Lang P.C.  

Affordable Trusts in Denver CO

Denver CO- Trusts

 Trusts come in many different types. Some Common Trusts are:
  1. Revocable Living Trust
  2. Testamentary Trust
  3. Irrevocable Trust
The most popular type of trust for Estate Planning is the Revocable Living Trust.

Denver Colorado-  Revocable Living Trust:

A revocable living trust prepared by an Attorney, is an instrument used instead of a Will. The Revocable Living Trust can provide the following five advantages over a Will:

  1. AVOIDS PROBATE
  2. CONTROL DISTRIBUTION TIMES TO BENEFICIARIES: eg. (1/3 at 24 1/3 at 28 and the balance at 32)
  3. PRIVATE INSTRUMENT: wills are open to the public and can be accessed in either the appropriate District or Probate Court after one's death.
  4. BUILT IN CONSERVATOR: If you become incapacitated the persons you have named as successor trustees can come in and manage your trust funds on your behalf. You picked the persons you wanted and there is no need for a conservatorship hearing for the assets properly placed in the trust.
  5. ASSET PROTECTION: The trust will protect assets of the named beneficiaries after your death and before outright distribution to the beneficiary.
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Trust Funding Instructions:
Funding Instructions: A trust needs to be funded therefore we will provide you with an instruction sheet showing you how to fund your trust. We will also include in our trust package, Pour over Wills: instruments to catch assets not properly placed in the trust and to put the assets into the trust after going through probate, Trust Affidavit: proof that a trust is in existence (when transferring your assets to the trust third parties will want to see this document to know there really is a trust), Declaration of Trust: instrument used to transfer your assets to the trust, Deed Transfers: we will transfer your Colorado real property (houses, vacant lots, cabins) to your trust, Personal Property Memorandum: allows you to list personal property items so that they go to specific persons, Asset Locator sheet: allows you to list all of your assets and information about them so that your trustee can find the assets and appropriately take care of them. Burial Instructions: allows you to specify how you want your burial including such things as flowers & music.
Who Will Mange Your Trust?
The most important part of your trust is your trustee. This is the person who will manage your trust upon you death or incapacity. You need to choose someone who has similar values to you. The other major component in your trust is your beneficiaries. These are the persons who will inherit under your trust. As mentioned you can pick different ages for them to receive at or they can receive upon your demise. The trust should not have any effect on your income taxes since all assets will remain under your social security number and your tax returns will continue to look the same.
    The most important item in having an effective revocable living trust is that the trust must be funded. If assets are not properly placed into the trust then that particular asset will have to go through the probate process; thus eliminating some of the major advantages of the trust.
    Finally, it should be noted that the trust is revocable. As such you can make changes to the trust as long as you are competent. You can even revoke the trust in it’s entirety. The aforementioned trust package prepared by a licensed Colorado attorney costs $2,400.00.
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