Answers & guides
Plain-language answers to Colorado estate planning questions.
Written and reviewed by Brian Musell, a Colorado attorney since 2006.
Popular:Will or trust?What is probate in Colorado?The first 30 daysHow are fees discussed?
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Guides
- Do I Need a Will or a Trust in Colorado?What each one does, how they work together, and how to tell which fits your family.
- What a Power of Attorney Does, and Why It MattersHow financial and medical powers of attorney let someone you trust step in if you can’t.
- What to Expect From Probate in ColoradoA step-by-step overview for personal representatives, from the first filing to closing the estate.
- What to Do in the First 30 Days After a LossCalm, practical first steps for families and anyone named personal representative.
- Settling a Loved One's Living TrustWhat a successor trustee needs to do, and how it differs from probate.
- Planning Ahead for a Loved One With Special NeedsHow a special needs trust can provide support while helping protect eligibility for public benefits.
- Understanding Colorado's Five-Year Look-BackWhat the five-year look-back is, what counts as a transfer, and why planning early matters.
- LLC or S Corp? Choosing the Right EntityHow liability, taxes, and upkeep compare for a Colorado small business or rental property.
Articles
- What Makes a Will Valid in ColoradoA Colorado will has to be signed the right way. Here is what makes one valid, including when a handwritten will counts.
- Four Mistakes to Avoid When Naming Life Insurance BeneficiariesThe beneficiary form controls the life insurance, not your will. These four mistakes send that money to the wrong place.
- The Documents to Sign When Your Child Turns 18At 18, parents can no longer make medical or financial decisions for a child. These documents keep you able to help.
- How a Colorado ABLE Account WorksAn ABLE account lets a person with a disability save without the usual SSI and Medicaid resource limits. Here is who qualifies.
Pages
- HomeEstate planning, probate, Medicaid planning, and business formation for Colorado families.
- Estate PlanningWills, trusts, and the documents that go with them, explained in plain language so you understand what your plan does and why.
- AboutBrian Musell is a Colorado estate planning attorney. He has practiced since 2006.
- ProbateWhen someone you love has died, the legal work can feel like too much. We explain what Colorado probate involves, handle the court filings, and help you settle the estate with care.
- ContactSchedule a free 30-minute consultation with Brian Musell.
- Medicaid PlanningNursing home and in-home care can cost far more than families expect. We help you plan years ahead with a Medicaid Asset Protection Trust, so your savings have time to clear the five-year look-back for Health First Colorado (Medicaid).
- LearnGuides and articles on Colorado wills, trusts, probate, and family decisions.
- WillsA will puts your wishes in writing: who would raise your minor children, who receives your property, and who you trust to settle your estate.
- ArticlesShorter pieces on Colorado wills and family decisions.
- TrustsA revocable living trust keeps you in control of your property, names who steps in if you can’t manage, and passes what’s in the trust to your loved ones without probate court.
- TestimonialsWhat clients say about working with Colorado Wills and Estates.
- Special Needs TrustsA special needs trust can support a child or family member with a disability for life, while helping preserve eligibility for SSI, Medicaid, and other public benefits.
- Privacy PolicyHow Colorado Wills and Estates handles information sent through this site.
- Medicaid Asset Protection TrustsA Medicaid asset protection trust, set up well before care is needed, can help preserve what you’ve built for your family while keeping the door open to Health First Colorado (Medicaid) later.
- Terms of UseThe terms for using the Colorado Wills and Estates website.
- Business FormationFor small business owners and families with rental properties. We’ll help you choose the right entity, form it correctly, and connect it to your estate plan.
- DisclaimerThe site offers general information. It is not legal advice for your situation.
- AccessibilityHow to reach the firm if you have trouble using this website.
Nothing on the site matches that search.

Start here · Wills & Trusts
Do I Need a Will or a Trust in Colorado?
What each one does, how they work together, and how to tell which fits your family.
Read the guide →
Start here · Powers of Attorney
What a Power of Attorney Does, and Why It Matters
How financial and medical powers of attorney let someone you trust step in if you can’t.
Read the guide →

Probate · 8 min read
What to Expect From Probate in Colorado
A step-by-step overview for personal representatives, from the first filing to closing the estate.

Probate · 6 min read
What to Do in the First 30 Days After a Loss
Calm, practical first steps for families and anyone named personal representative.

Trust administration · 7 min read
Settling a Loved One's Living Trust
What a successor trustee needs to do, and how it differs from probate.

Special Needs Trusts · 8 min read
Planning Ahead for a Loved One With Special Needs
How a special needs trust can provide support while helping protect eligibility for public benefits.

Medicaid Planning · 7 min read
Understanding Colorado's Five-Year Look-Back
What the five-year look-back is, what counts as a transfer, and why planning early matters.

Business Formation · 6 min read
LLC or S Corp? Choosing the Right Entity
How liability, taxes, and upkeep compare for a Colorado small business or rental property.
No guides match that search yet.
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.