An estate plan should reflect your life as it is now. Bespoke Law offers estate planning for individuals and families in Colorado, with particular attention to the moments when plans most often fall out of date: marriage, divorce, a new marital agreement, and the arrival of children or grandchildren. Our estate planning attorney works alongside our family law practice, so your plan and your family law matters fit together.
What an estate plan includes
Every plan is tailored to the client, but most include some combination of the following:
- A will, and often a revocable living trust with a pour-over will
- A durable financial power of attorney
- A medical durable power of attorney and an advance directive for medical care
- A HIPAA authorization, so the right people can speak with your doctors
- Coordinated beneficiary designations for retirement accounts and life insurance
- Funding the trust, including retitling real estate through new deeds
Estate planning after a divorce
Colorado law automatically revokes many provisions in favor of a former spouse when a marriage ends, but not all of them. Some accounts and policies, including certain employer-sponsored retirement plans, may still pay a former spouse unless the beneficiary designation is updated. Powers of attorney, trustee appointments, and guardianship choices also deserve a fresh look. A post-divorce review makes sure your plan does what you intend.
Timing during a divorce
While a divorce is pending, Colorado places limits on certain financial changes, and some updates may need to wait until the decree enters. Other steps, such as updating medical and financial powers of attorney, may be appropriate sooner. We help clients plan the timing so nothing is left exposed.
Planning alongside a marriage or marital agreement
A prenuptial or postnuptial agreement and an estate plan should work together. When the agreement addresses what happens at death, the estate plan needs to match it. Coordinating both from the start avoids conflicts that can be costly for the people you leave behind.
Frequently asked questions
Do I need to update my estate plan after a divorce in Colorado?
Yes. Colorado automatically revokes many provisions for a former spouse, but some accounts and policies may still pay a former spouse unless you update the beneficiary designation. Powers of attorney and guardianship choices should also be reviewed.
Can I change my estate plan while my divorce is pending?
Some changes are possible, but Colorado limits certain financial changes while a divorce is pending. It is best to review the timing with counsel before making changes.
What is the difference between a will and a trust?
A will directs how your property passes through the court-supervised probate process. A revocable trust can hold assets during your life and pass them privately at death, often with less court involvement. Many plans use both.
Should my estate plan match my prenuptial agreement?
Yes. If your marital agreement addresses what happens at death, your will, trust, and beneficiary designations should be consistent with it.
Bespoke Law offers curated legal solutions for individuals navigating complex and high-stakes family law matters in Colorado. Begin a confidential inquiry or call 720 500 8660.