Wills Attorney Denver, Colorado
Meurer & Potter Law Office, Denver, Colorado
A will is the most fundamental estate planning document. It tells a court who should receive your property, who should manage your estate after your death, and if you have minor children, who should raise them. Without a valid will, Colorado’s intestacy laws make those decisions for you, and the results rarely match what you would have chosen.
At Meurer & Potter, P.C., our Denver wills attorneys have been helping individuals and families draft, update, and protect their wills since 1991. Whether you need a straightforward, simple will for a modest estate or a complex testamentary plan that coordinates with trusts, powers of attorney, and tax strategies, our team creates documents that work when your family needs them most.
Schedule your free consultation today regarding your will. Call 303-991-3544 or contact us online
Types of Wills We Draft
A simple will distributes all assets directly to named beneficiaries and appoints an executor. It is appropriate for smaller estates (typically $100,000 or less) with adult beneficiaries who do not have special needs. The court oversees the transfer through probate, and costs, including legal and executor fees, average approximately 4.1% of the estate’s value.
A testamentary trust will creates one or more trusts upon your death, funded by your estate. This is often used when beneficiaries are minors, have special needs, or cannot be trusted with a lump-sum inheritance. The trust provisions within the will control how and when assets are distributed.
A pour-over will works in conjunction with a revocable living trust. Any assets not transferred into the trust during your lifetime “pour over” into the trust at death. This acts as a safety net to ensure nothing falls through the cracks in your estate plan.
What Your Will Should Address
A properly drafted will in Colorado should name your personal representative (executor) and an alternate, designate beneficiaries for all assets not otherwise titled or designated, name guardians for minor children, address funeral and burial preferences, include a residuary clause covering any assets not specifically mentioned, and account for contingencies such as a beneficiary predeceasing you. Our attorneys also review your beneficiary designations on retirement accounts, life insurance, and POD/TOD accounts to ensure they align with your will and don’t create contradictions.
Colorado Will Requirements
Under Colorado law (C.R.S. § 15-11-502), a valid will must be in writing, signed by the testator (or by another person at the testator’s direction and in their presence), and signed by at least two witnesses. Colorado also recognizes holographic (handwritten) wills if the material provisions and signature are in the testator’s handwriting, but these carry significant risk of challenge and ambiguity. We strongly recommend attorney-drafted, witnessed wills for any estate.
Memo for Personal Property
A Simple Roadmap for Your Most Cherished Possessions
At the Meurer & Potter Law Office, we help clients through the many options beyond a simple will. One additional document we often recommend is the Memo for Personal Property. While it’s common for spouses to simply leave their entire estate to each other or to divide your assets equally amongst your adult children, a Memo for Personal Property allows you to add specifics without making your will too long and enables you to make changes along the way without a drawn out process.
Once you determine who gets what, our attorneys at the Meurer & Potter Law Office can ensure your will, or update it, to refer to the memo. This is required to implement the document. We can also review all other estate planning documents to ensure there are no conflicts with the designations stated in your Memo for Personal Property.
Your memorandum can include a variety of personal property bequeathed to individual heirs, including:
- Furniture, antiques, decor
- Household items (china and silverware)
- Art, jewelry, and other collected items
- Vehicles (in some states)
However, there are limitations. A Memo for Personal Property cannot include intangible items such as:
- Stocks or bonds
- Copyrights
- Money or bank accounts
- Debts
- Real estate
Frequently Asked Questions About Wills in Denver
Insights to help you make informed decisions about your will or that of a family member.
Our FAQs offer practical guidance about wills. They are written to help you stay informed, not overwhelmed.
Yes. Even with a trust, a pour-over will ensures any assets not transferred into the trust during your lifetime are captured at death. It also allows you to name guardians for minor children, which a trust cannot do.
Colorado’s intestacy laws determine who inherits. Assets generally pass to your spouse first, then children, then parents and siblings. The court appoints a personal representative you did not choose. The process is slower, more expensive, and may not reflect your wishes.
A simple will typically costs a few hundred dollars. A comprehensive will-based estate plan including powers of attorney and advance directives ranges from $1,000 to $2,500 depending on complexity. We discuss all fees during your free consultation.
Review your will every three to five years and after any major life event—marriage, divorce, birth of a child, death of a beneficiary, significant asset changes, or a move to a new state. Changes in Colorado law can also affect your will’s effectiveness.
Colorado recognizes holographic (handwritten) wills, but they carry significant risk. Ambiguous language, missing provisions, and improper execution can render a will invalid or lead to costly will contests. Attorney-drafted wills are strongly recommended.
A personal representative (executor) is the person named in your will to manage your estate after death. They are responsible for gathering assets, paying debts, filing taxes, and distributing property to beneficiaries under court supervision.