Answers & guides

Plain-language answers to Colorado estate planning questions.

Written and reviewed by Brian Musell, a Colorado attorney since 2006.

Common questions

Quick answers, by topic.

General information, not legal advice. For guidance on your situation, schedule a free consultation.

What is probate in Colorado?

Probate is the court process used to handle certain matters after someone dies, such as appointing a personal representative and settling the estate. The right process depends on what the person owned and whether there was a will.

Do I need a trust if I already have a will?

Not always. A will is enough for many families. A trust can add privacy and help some assets avoid probate. The right choice depends on what you own, your family, and your goals.

What happens if someone dies without a will?

Colorado law decides who inherits, and the court appoints someone to manage the estate. A will lets you make those choices yourself.

Is a power of attorney the same as a will?

No. A power of attorney authorizes someone you trust to act for you during your lifetime. A will takes effect after death and directs who receives your property and who handles your estate.

How often should I update my estate plan?

Review your plan every three to five years and after a major life change, such as a marriage, divorce, birth, death, move, or significant change in property.

Do I need an LLC for my rental property?

Not always, but many owners choose one. An LLC can help separate a rental’s risks from your personal assets. We will look at your properties, financing, and insurance before recommending a structure.

Should I elect S corporation status?

Not automatically. An S corporation is a tax election, not a different kind of company. It can change how profits are taxed after you take a reasonable salary, and it adds payroll and extra filings. We look at that choice with your CPA before you elect it.

Can my living trust own my LLC?

Often, yes. Your living trust can own the LLC, so the business or rentals pass to the people you name without probate, and someone you choose can step in to manage them. We review the lender, insurance, and operating agreement before that change.

How are fees discussed?

We talk about fees during your free 30-minute consultation, before any work begins, so you know what to expect.

Still have questions?

Every family is different. Ask Brian.

A free 30-minute consultation is the fastest way to get answers about your situation.