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Best Estate Planners in Denver

April 2016 Archives

Prince's Estate and the Importance of Planning

Last week, the world lost a musical legend in the form of Prince Rogers Nelson. As the world grieves, his loved ones are left to sort out his estate. Unfortunately, Prince's apparent lack of will and estate planning documents complicate questions about taxes, inheritance, and music rights. Without legally enforceable estate planning documents in place, this tragedy draws attention to the complication that arise without proper planning.

Undue influence and wills

Wills are an important part of estate planning. However, when there is suspicion of coercion or some other type of influence, a deceased person’s will can be challenged with a claim of undue influence. The burden of proof for this type of claim is high. According to The National Law Review, the law limits the time to file undue influence claims in Colorado to three years.

Divorce and Estate Planning

When it comes to divorce, Colorado law is designed to protect the wishes of each former spouse. Practically speaking, this means that any former spouse listed in your estate planning documents is no longer legally valid upon divorce. Clauses that list former spouses as beneficiaries or fiduciaries are revoked, and former spouses that are listed as personal representatives are treated as though they are deceased. Unless the estate planning documents explicitly state otherwise, divorce in Colorado automatically overrides estate planning documents made before the divorce.

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