New to Colorado? It's smart to have an attorney read your will and other estate documents. A will signed elsewhere may still count. State law accepts a will that follows the law of the place it was signed, or where the person lived, per C.R.S. 15-11-506. Still, a review is cheap insurance. This guide is general information, not legal advice. An attorney licensed in Colorado can tell you what applies to you.
Why does moving to Colorado call for a document review?
Because your life changed, even if your documents didn't. A new home, new property and new people to name as agents are all good reasons to read your paperwork again. Many Durango residents bought here before moving permanently. The property, the will and the state of residence may not line up the way you assume. An attorney can tell you if any of that matters for you.
What's the difference between a will and a trust?
A will says who gets your property after you die. A trust works differently. The Colorado Bar Association describes a revocable living trust as a written agreement in which a trustee manages assets for the people you name. It says trusts can be an effective estate planning tool. Do you need one? That depends on what you own and who depends on you.
What is probate?
The Colorado Judicial Branch's help center describes probate as the process of dividing someone's assets after their death. Its page walks through starting the case, either informally or formally. If you're curious how the process works, start there. Ask an attorney how it applies to you.
What about medical and financial documents?
Two documents tend to get forgotten. A financial power of attorney names someone to handle your finances if you can't. A medical durable power of attorney names a health care agent to make medical decisions if you can't speak for yourself, per the Colorado health department. The same page says everyone over 18 should have at minimum that document, plus a conversation with the people who matter most.
If you brought these documents from another state, ask a Colorado attorney to review them.
What happens at a first meeting?
Mostly questions. Expect to talk about what you own, who you'd want making decisions, and who should inherit what. Bring a rough list of assets and any existing estate documents. Add the names of people you're considering as executor or health care agent. You don't need final answers walking in. That's what the meeting is for.
What should you ask about cost?
Fees vary by firm, so ask before you commit:
- What exactly is included, such as a will, power of attorney, healthcare directive or trust?
- Are future amendments covered?
- How does the price change for a complicated situation?
- Is the fee flat or hourly?
A firm that answers clearly in the first conversation is telling you something about how it will work.
Who is Amos Soignier?
Amos Soignier is a Durango attorney focused on wills, trusts and estate law, with an office at 2855 Main Ave. You can learn more directly at durangolawoffices.com. The directory also lists The Soignier Law Firm as a separate general practice.
Which other Durango firms handle estate matters?
Compare two or three before you commit. That's normal. Other Durango firms in the directory include Newbold Chapman & Geyer at 150 E 9th St. Another is The Law Firm of Anderson & Baker at 1099 Main Ave. You can check any Colorado attorney's status and disciplinary history on the Colorado Supreme Court's attorney search.
Where do you go from here?
Start with a rough inventory of what you own and who should act for you, then book a first conversation. For the wider relocation list, see the moving to Durango guide. The Durango attorneys guide lists the rest of the local legal directory.