Colorado Trust Attorney

Trust Attorney Fort Collins, CO

If you’ve just started the estate planning process, you might wonder if you should create a will or trust. While both of these are useful estate planning documents, trusts can offer significantly more benefits for certain people. Here are a few signs that you should establish trust.

You want to support a family member with a disability

If one of your close family members suffers from a physical or mental disability, you may wish to financially support them after your death. The money you aside for them in your trust can help pay for food, medical expenses, and other necessities. Another benefit of creating a special needs trust is that the recipient won’t lose their SSI and Medicaid benefits. 

You want to avoid probate

Probate is the legal process in which a will is proven valid in court. However, probate has a reputation for being a costly and time-consuming process. Your heirs may have to wait a while to receive their inheritances. One way to avoid the probate process is to establish trust. However, you must remember to properly fund the trust. Any assets that are outside the trust may still be subject to probate.

You want more control over asset disbursement

If you wish to have more control over how and when your beneficiaries receive their inheritances, you may want to consult a trust attorney in Fort Collins, CO. For instance, you may want to give one of your children their inheritance while you’re still alive. Likewise, if you have a family member who is irresponsible with money, you might decide on intervals at which they will receive their inheritance during their lifetime.

You want privacy

If you value your privacy, you have another good reason to establish trust. Trust doesn’t have to go through probate as a will does, so it won’t be a public record. Therefore, you don’t have to worry about strangers finding out information about your assets and beneficiaries.

You want to control your assets during your lifetime

One of the benefits of having a trust is that you can control the assets in it during your lifetime. If you, for example, become incapacitated during your lifetime, your successor trustee can manage the trusts to your benefit without the court getting involved. 

Schedule a consultation with a trust attorney from W.B. Moore, Attorney at Law today.

Types Of Trust Services Our Lawyer Assists With

Trusts are powerful estate planning tools that allow individuals to manage and distribute assets according to their wishes while providing protection and clarity for loved ones. Trust services can be tailored to meet a wide range of personal, financial, and family needs. Whether planning for the future or managing an existing trust, legal guidance can help avoid confusion and disputes. Below are several types of trust services our Colorado trust lawyer assists with to support clients at every stage of the process.

Revocable Living Trusts

Revocable living trusts are commonly used to manage assets during a person’s lifetime and distribute them after death. These trusts can be changed or revoked at any time while the creator is alive and mentally capable. A revocable living trust may help avoid probate, maintain privacy, and allow for smoother asset transfers. Our lawyer assists clients in creating trusts that reflect their goals and align with their overall estate plans.

Irrevocable Trusts

Irrevocable trusts are designed to remain in place once established, with limited ability to make changes. These trusts are often used for asset protection, tax planning, or long-term care planning. By transferring assets into an irrevocable trust, individuals may reduce exposure to certain risks or future claims. Our lawyer helps clients understand the implications of these trusts and structure them to meet long-term objectives.

Special Needs Trusts

Special needs trusts are created to provide financial support for individuals with disabilities without jeopardizing eligibility for government benefits. These trusts can be funded by family members or through personal injury settlements. Proper drafting is essential to ensure compliance with benefit program requirements. Our Colorado trust lawyer assists families in creating special needs trusts that provide ongoing support and peace of mind.

Testamentary Trusts

Testamentary trusts are established through a will and take effect after the creator’s death. These trusts are often used to manage assets for minor children or beneficiaries who may not be ready to manage funds on their own. A testamentary trust can outline how and when distributions are made, offering structure and oversight. Our lawyer assists clients in incorporating these trusts into their estate planning documents.

Trust Administration Services

Administering a trust involves managing assets, making distributions, and fulfilling legal obligations to beneficiaries. Trustees may face challenges such as recordkeeping, tax filings, and communication with beneficiaries. Our lawyer assists trustees with trust administration to help them carry out their duties properly and avoid disputes or legal issues.

Trust Modification And Restatement

Life changes, financial shifts, or changes in the law may require updates to an existing trust. Trust modification or restatement allows adjustments without starting from scratch. These services help ensure that a trust continues to reflect current wishes and circumstances. Our lawyer assists clients in reviewing and updating trusts as needed.

Trust services play a vital role in protecting assets and providing clear instructions for the future. Whether creating a new trust, managing an existing one, or resolving a dispute, having legal support can make the process smoother and more effective. If you are considering a trust or need assistance with trust-related matters, our Colorado trust lawyer is available to discuss your needs and help you create or manage a trust that aligns with your goals and provides lasting peace of mind. At W.B. Moore Law, we are here for you. Attorney W.B. Moore has been practicing law for nearly 45 years and has proven history of helping clients avoid unnecessary court involvement when possible

Why You Can Depend On W.B. Moore Law LLC

When you are in need of a qualified lawyer that you can depend on to assist you with your estate planning and business law needs, you can count on the professional and experienced team at W.B. Moore Law LLC to assist you. Sorting out a legal problem can be a lot to deal with. As a law firm that has helped clients with many types of legal concerns, we are familiar with the strategies and resources that will help you find the best solutions for your estate plan or business.

As dedicated and compassionate legal professionals, we recognize how challenging it can be to start the estate planning process or interpret how complex business laws can impact your goals. We will be there for you through every step and will make sure you are taken care of. Resolving a legal issue can be a hassle, but we will closely work with you so that all of your concerns are acknowledged. Protecting your wealth and business is our priority and we will make sure you get the support that you need every step of the way. 

Diverse Practice Experience

Our team has successfully handled many types of cases dealing with estate planning and business law. Attorney W.B. Moore has been practicing law since 1982, and has many years of experience assisting clients on a number of issues. From determining the best ways you can avoid probate to helping you resolve business litigation matters, he has the specialized skills and proven experience to assist you no matter what dilemma you are facing. 

The Importance of Having a Valid Will 

By having a valid will you can avoid having the disbursal of your assets decided by the laws of intestacy. When a decedent dies without a will the laws of intestacy apply to determine which heirs will receive which portions of the decedent’s assets. If you die without a valid will you will be subject to these arbitrary statutes that can deviate from your wishes. A valid will can inform the probate court of how you wanted your assets distributed after your death. 

If you use devices such as a pour-over will you can have the assets in your will poured over into a trust to avoid probate administration. Trusts do not go through formal or informal probate administration. These devices can protect you and your loved ones from some of the inconsistencies and problems that may arise with probate administration. 

Payable-on-death accounts are also used to get around formal and informal probate administration. A payable-on-death account automatically transfers assets or funds to a particular beneficiary named on the payable-on-death account. These accounts are useful because they can be set up during the decedent’s life and the decedent does not have to do anything else to make sure the heir receives the decedent’s assets. 

These devices are available to you and you should speak to a trust attorney in Fort Collins, Colorado who can help you deal with these issues as they arise in your estate planning. When you plan your estate you are protecting yourself and your loved ones from problems that may arise in the future. Will contests be typically one device a party may use to delay the disbursal of assets? By placing your items in a testamentary device that avoids probate administration you can prevent your loved ones from dealing with these problems after you are gone. 

A will also need to be valid. In some jurisdictions, holographic wills, or handwritten wills, are not valid and you should not create a holographic will. In other states, holographic wills are accepted as valid wills. You need to consult with a trusted estate lawyer who can help you determine the best course of action to take so you can achieve your estate planning goals. 

Colorado Trust Infographic

Trust Law FAQs

Creating a trust is one of the most reliable ways to organize what we own and plan for the future, and many families want clarity on how the process works. Below, we put these common questions together to offer practical direction while keeping the conversation simple. Our Colorado trust lawyer can support you in these decisions in a steady, informed way.

When Should Someone Consider Setting Up A Trust

People often think about creating a trust when they want to make the transfer of their property more straightforward. A trust can help when we have young children, own a home, have savings set aside, or want a clear plan if something unexpected happens. We also see families consider trusts when they want to keep certain decisions private or avoid added steps later. The timing depends on each situation, but many people begin the process once they start building assets or want a plan that reflects how they prefer things handled over time.

How Does A Trust Help Protect What We Own

A trust can create structure around how our property is managed and passed on. With a trust, we can outline who receives what and when. It also helps reduce delays and limits extra steps that can come up when transferring assets. A trust can also help keep personal matters out of public records.

What Types Of Trusts Are Available For Families

Families often choose from several types of trusts depending on their goals. Some prefer a revocable trust because it allows changes during their lifetime. Others choose an irrevocable trust when they want added structure that stays in place. There are also trusts created for children, trusts for charitable giving, or trusts designed to manage property. Picking the right option depends on what we want to accomplish, how we want things managed, and who will need support in the future. Working through these decisions with our Colorado trust lawyer can help decide which direction works best.

How Does A Trust Work With A Will

A trust and a will can work together. A will states who receives certain property, while a trust holds and manages those assets. Many families have both because the will covers anything not placed into the trust. A trust can also outline how property is handled over time, especially for younger beneficiaries. Keeping both documents updated can help create a steady plan that reflects our wishes, simplifies decisions, and avoids confusion.

What Steps Are Involved In Creating A Trust

The process begins with discussing our goals and the property we want included. Then we choose who will manage the trust and who will receive the property. Once the trust document is drafted and signed, we move our chosen assets into it. From there, we review and update the trust as life changes. Our award-winning Colorado trust lawyer can guide us through each step so the trust works the way we prefer.

Contact Us Today

Creating a trust can give our families structure, direction, and clarity. If you are considering a trust or want guidance on the next steps, our team at W.B. Moore Law can review your options. With over four decades of experience, we can help you move forward with confidence. Contact us today for a free consultation to discuss your goals.

Types Of Trust Services Our Trust Lawyer Assists With

Establishing a trust is a powerful way to manage and protect your assets, both during your lifetime and for future generations. Trusts offer flexibility, privacy, and greater control over how your estate is handled. Our Colorado trust lawyer assists clients with a wide range of trust services, helping individuals and families create plans tailored to their financial goals and personal wishes.

Revocable Living Trusts

A revocable living trust is one of the most common estate planning tools. It allows you to maintain control of your assets while you are alive and mentally capable. You can modify or revoke the trust at any time. Upon your passing, assets in the trust can be distributed to beneficiaries without going through probate, which can save time, reduce costs, and preserve privacy. We help clients establish and properly fund these trusts to ensure they function as intended.

Irrevocable Trusts

Unlike revocable trusts, irrevocable trusts generally cannot be changed once created. While this may seem restrictive, they offer significant benefits, including asset protection and potential tax advantages. These trusts can shield assets from creditors and may help reduce estate tax exposure. Our Colorado trust lawyer explains the trade-offs and structures irrevocable trusts carefully to align with each client’s long-term objectives.

Special Needs Trusts

Families with loved ones who have disabilities often want to provide financial support without jeopardizing eligibility for government benefits such as Supplemental Security Income (SSI) or Medicaid. A special needs trust allows assets to be used for the beneficiary’s supplemental needs while preserving access to essential programs. We design these trusts with strict compliance to legal requirements.

Charitable Trusts

For clients interested in giving back, charitable trusts can support meaningful causes while offering potential tax benefits. Options such as charitable remainder trusts and charitable lead trusts allow individuals to balance philanthropic goals with financial planning. We help structure these arrangements to maximize impact and ensure they meet both personal and legal objectives.

Asset Protection Trusts

Certain trusts are designed to protect wealth from future risks, including lawsuits or creditor claims. Asset protection trusts can be useful for business owners, professionals, or individuals in high-liability fields. We assess each client’s risk profile and help establish appropriate strategies within the bounds of the law.

Trusts For Minor Children

Instead of leaving assets directly to a child, many parents choose to place funds in a trust managed by a trustee until the child reaches a designated age. This approach ensures responsible management and allows parents to set conditions for how and when funds are used, such as for education, health care, or living expenses.

Trust Administration Services

Our assistance does not end once a trust is created. We also guide trustees through their duties, including managing assets, keeping records, communicating with beneficiaries, and making distributions according to the trust terms. Proper administration helps prevent disputes and ensures legal compliance.

Trust Amendments And Restatements

As life circumstances change, trust documents may need updates. Marriage, divorce, business growth, or new family members can all prompt revisions. We help clients amend or restate existing trusts to reflect their current wishes and legal needs.

Trust planning is not one-size-fits-all. Our Colorado trust lawyer wants to provide clear guidance and customized solutions that protect your assets and support your loved ones. With knowledgeable legal support, a trust can become a cornerstone of a secure and well-organized estate plan. At W.B. Moore Law, we are here for you. Attorney W.B. Moore has been practicing law for over 40 years.