Rosenberg Smith & Zipser
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Our attorneys have more than fifty years of combined experience in helping clients and their families navigate the process of estate planning and administration of trusts and estates. From simple wills to complex tax-planning trusts, and from routine to high-conflict estate administration, we're here to help. We help estate planning clients develop and implement strategies that meet their needs and achieve their goals.

We understand that the process may look overwhelming at first, but it's almost always easier than you think. A good estate plan not only addresses what happens to assets when you die, but also who manages assets if you become incapacitated. It can include appointing guardians and creating trusts for young children, agreements to protect assets acquired before marriage and business succession arrangements.

Planning can prevent family conflict, estate taxes and lengthy and expensive litigation, but more importantly, it creates your personal legacy. We also help our clients navigate trust and probate administration, secure protective arrangements for minors and for incapacitated adults, and address contested issues in a variety of estate-related litigation matters.
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Your estate plan can protect your family, your assets, and your causes.
It's never too early to start, and it's never a bad idea to review what you created years ago.
Wills and trusts aren't set in stone.
You should update them as life events require and as applicable laws change.
What worked for you decades ago may no longer meet your needs.
A will spells out what happens to assets at death.
It can appoint a guardian for minor children; include estate tax planning; create trusts for anyone who shouldn't be managing his or her own assets; and address special circumstances for blended families.
Probate is the process of re-titling assets from someone who has died to the beneficiaries entitled to receive them, whether according to an estate plan, or Colorado law if the deceased person had no plan.
Whether probate occurs depends on the type and value of assets in the estate.
Colorado's probate process usually is not particularly complicated, but it comes with duties, document filing requirements and deadlines, as well as potential personal liability for a personal representative who doesn't follow the rules.
Most estates and trusts are administered without serious disputes or significant disagreements, and most protective proceedings are uncontested.
However, conflict can arise about whether a will is valid or if it was the result of undue influence.
Family members and beneficiaries-or would-be beneficiaries-may be divided on who should serve as a personal representative or a trustee, or how an ambiguous or out of date document should be interpreted.
Our practice seeks to resolve these and other issues first through agreement, but by litigation if other means of resolution have failed.
In Colorado, a surviving spouse has a legal right to a portion of a deceased spouse's estate unless the spouses have a written agreement that changes those rights.
Marital agreements (prenuptial before the marriage or postnuptial after the marriage) are written contracts that specify what will happen to assets if a spouse dies or in the event of a divorce or legal separation.
They are common for individuals who have been previously married or who have inherited (or may inherit) significant wealth from their families.
If you are serving as a trustee, agent, guardian, conservator or personal representative, you are a "fiduciary."
Fiduciaries are individuals or organizations in positions of trust, and they have legal duties to whomever they serve.
Fiduciaries who don't fulfill their legal obligations can be personally liable for damages.
Carrying out fiduciary duties can be complicated, and you may need guidance on complying with the terms of the governing documents, as well as applicable laws and regulations.
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