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Helping People First
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(719) 212-2448 or complete our contact form.
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Junior League of Colorado Springs
The Junior League of Colorado Springs has served the Pikes Peak region as both an initiator of projects as well as a ready partner to other non-profit organizations to address needs in the community.
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What is the Difference Between Formal and Informal Probate?
Informal and formal probate both refer to the kinds of procedures that are used to appoint a representative for an individual to handle various matters and accept a will for probate. The most commonly used of the two is informal probate, which is the least difficult to enact if assets are straightforward and the parties involved are in agreement with each other.
However, formal probate will be required under certain circumstances, such as when:
- There are issues with a will
- Heirs are missing or unknown
- Heirs are still minors
- The estate is insolvent, i.e., debts exceed assets owned
- There are disputes or there are likely to be disputes among heirs
- Problems are expected with the administration
The informal probate process will entail presenting an application to a registrar as opposed to a judge. Registrars then approve the estate and ensure completion of all paperwork, but won’t be involved once they have approved the estate.
Formal probate, on the other hand, involves a probate attorney. The formal process can be more complicated and involve many steps, which is why it’s best to consult with a probate attorney at The Gasper Law Group who can walk you through formal probate in Colorado.
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Can You Avoid Probate in Colorado?
Yes, you can avoid probate in Colorado by making a living trust, which will prevent any asset you own from going to probate courts, including bank accounts, real estate, and more. You can do so by creating a trust document that names a specific individual to serve as a successor trustee following your death. You will then need to transfer ownership of your property to yourself as the trustee identified in the trust.
You can also avoid probate in Colorado through:
- Joint ownership of property
- Payable-on-death designations for bank accounts
- Transfer-on-death real estate deeds
- Transfer-on-death registration for securities
- Simplification of probate procedures for small estates
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Colorado Springs Elder Law Attorneys
Advocating for Seniors & Their Loved Ones in CO
From navigating Social Security issues to filing for probate after the death of a loved one, there can be a lot to worry about as we age. Fortunately, securing trusted representation from a skilled elder law attorney can make all the difference. At The Gasper Law Group, our elder law attorneys are committed to safeguarding the rights of older individuals and their loved ones in Colorado Springs.
If you are seeking legal guidance for estate planning matters, our experienced advocates have over thirty years of experience in helping seniors and their families navigate a variety of elder law matters. Our in-depth understanding of Colorado elder law empowers us to provide compassionate counsel in life’s most challenging seasons, giving you peace of mind that your hard-earned assets and legal interests are protected.
When it comes to planning for the future, our elder law attorneys are here to assist you every step of the way. Call (719) 212-2448 to schedule a consultation.
What Is Elder Law?
Elder law focuses on addressing the unique needs and concerns of older adults, such as issues pertaining to healthcare, long-term care placement, retirement, guardianship, and more. For seniors facing age-related challenges and concerns, having a dedicated elder law attorney by your side can provide peace of mind and ensure your rights are protected.
Types of Elder Law Matters We Handle
At The Gasper Law Group, we understand the unique challenges that seniors and their loved ones face as they age. Fortunately, our experienced lawyers are well-versed in the legal nuances of elder law cases to guide your steps with care and integrity. Some common elder law cases we assist with include:
- Social Security, Medicaid, and Medicare: When it comes to navigating complex government benefit programs like Medicaid, Medicare, and Social Security, seeking counsel from an elder law attorney can make a significant difference. Our firm can guide your steps wisely to protect your rights and maximize available benefits.
- Supplemental and long-term health insurance: From insurance denials to coverage gaps, our firm can help you navigate the legal complexities of health insurance issues by reviewing and interpreting your health insurance policies, guiding you through the claims process, and working tirelessly to recover the maximum benefits you’re entitled to.
- Disability planning: Our attorneys can help you plan for potential disabilities by setting up trusts, powers of attorney, and advance healthcare directives to respect your wishes and protect your finances.
- Conservatorships and guardianships: Our firm is committed to protecting the well-being and financial security of those who can no longer manage their affairs by assisting clients with establishing and managing conservatorships or guardianships.
- Probate and estate planning: Our lawyers have extensive experience in handling a wide range of probate and estate planning matters. From drafting wills to establishing trusts to undergoing the probate process, we can help you manage and distribute assets according to your wishes while minimizing conflict and potential disputes, such as tax controversies or disagreements among beneficiaries.
- Long-term care placements: Our elder law attorneys can help you manage the legal and financial aspects of choosing an appropriate facility for assisted living or long-term care, giving you peace of mind and agency in planning your future.
- Elder abuse and financial exploitation: If you’re the victim of elder abuse or neglect, our attorneys can advocate diligently on your behalf to hold abusers accountable. Our firm is dedicated to protecting seniors against all forms of abuse, including sexual abuse, emotional abuse, verbal abuse, physical abuse, and financial exploitation.
Helping Elderly Coloradans Plan for the Future
While estate planning is important for individuals of any age, it’s especially critical for the elderly. Planning for the future can be difficult and emotionally taxing, but taking the appropriate steps to secure your estate and assets can also provide enormous comfort to seniors and their loved ones.
When it comes to protecting your financial security, The Gasper Law Group has decades of experience in handling probate, wills, trusts, and other estate planning matters. Our comprehensive approach to estate planning allows elderly clients to stay in control and enjoy peace of mind in knowing their finances are secure.
Our lawyers are familiar with the complexities of Colorado probate and estate planning laws to guide your steps wisely, ensuring you feel supported and informed throughout the process. From incapacity to long-term health issues, we can help you find peace and clarity in the face of an uncertain future, empowering you to make the best decisions for your well-being and loved ones.
Helping People First
At The Gasper Law Group, our compassionate team is dedicated to protecting the rights of individuals and families in Colorado Springs and beyond. Our diverse legal background and skillset make us well-equipped to guide your steps wisely in a myriad of family issues, from enforcing prenuptial and postnuptial agreements to seeking custody of children in a divorce. Whether you require legal counsel for military estate planning or have questions about the probate process in Colorado, you can trust our lawyers to provide the skilled advocacy you deserve while keeping you up-to-date throughout your case, giving you peace of mind that your best interests are protected.
Don’t risk your financial security by failing to seek sound counsel. Contact us online to discuss your case with our seasoned attorneys.
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At The Gasper Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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I’m not one to have an extensive experience with law firms or lawyers and court in general. However, the professionalism, guidance, and candor I’ve received from each person in this law firm have been beyond reproach. Anytime, I mean, anytime, I’ve had a question about my case and the way forward, I was met with a friendly and constructive conversation about my case. There was never a doubt in my mind, that I made the right choice when I selected this law firm to represent me. Caryn and Stacie have been a wonderful blessing to my life and my legal proceedings. If you are looking for a no-BS law firm that has a significant reputation in the Springs area, I absolutely recommend this one. Even though I hope to not have to deal with this again, fingers crossed and every lucky charm, I’d trust this law firm with my representation to handle the hard stuff and give me ease with court proceedings. Thank you all for what you do and have done for me, my family, and my career. Bless you all.
- Steve S. -
Caryn Adams, Stacey Sadler and the rest of the team at the Gasper law group are an amazing, courteous, compassionate, and very helpful group of talented individuals. I was in a bind and during my consultation I explained my situation and they went above and beyond my expectations. They took care of my case in a very timely manner and made it feel like my traffic ticket was their number one and only priority. I have never been treated with such respect and compassion. I definitely recommend talking to them about any of your legal needs.- Scott R.
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I don't write many reviews! Gasper Law Group proved to be worthy of my highest recommendation. Everyone at some time will need some legal service, but where to go. I want you to know Gasper Law Group can help you save what you might stand to lose. I really want you to know Christine S. is the finest Family Law Attorney you will find. Christine is experienced, committed to her clients, and will help save what whats most important to you. I would so like the leadership of Gasper Law Group to know how fortunate they are to have a team member of her Caliber. If you need legal help use Gasper, and ask for Christine I am thankful I did!!!- Eric D.
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Caryn Adams and her team are hands down the BEST. I don't think I would have made it through what I went through without her by my side. My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party.- Avarie J.
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Caryn Adams took such good care of me threw out my legal situation and was constantly keeping me in the loop! Couldn’t ask for better representation!- Ryan L.
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The Gasper Law Group was fantastic. From the start, they treated me incredibly well and were very open about everything from my situation. They were incredibly attentive to me and my case and made sure I fully understood everything while supporting me in every way they could. Caryn was AMAZING in handling my case. Her knowledge, confidence, and attentiveness were second to none. I would recommend them to anyone for any situation.- Jason E.
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After an absolutely crazy incident that could not have been seen almost anywhere besides a movie. I received some serious charges and was in search of an attorney. They would not only represent me but need to do the right thing because it's the right thing...- Lance F.
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I really want to Thank Jack, Emily, and Therese for all their hard work taking care of my sister Pamela Bellos’s estate , they answered every call, every email from me in the long process of this probate and they all was very professional
- Karen B.
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Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 719-212-2448 today!
-
Junior League of Colorado Springs
The Junior League of Colorado Springs has served the Pikes Peak region as both an initiator of projects as well as a ready partner to other non-profit organizations to address needs in the community.
-
What is the Difference Between Formal and Informal Probate?
Informal and formal probate both refer to the kinds of procedures that are used to appoint a representative for an individual to handle various matters and accept a will for probate. The most commonly used of the two is informal probate, which is the least difficult to enact if assets are straightforward and the parties involved are in agreement with each other.
However, formal probate will be required under certain circumstances, such as when:
- There are issues with a will
- Heirs are missing or unknown
- Heirs are still minors
- The estate is insolvent, i.e., debts exceed assets owned
- There are disputes or there are likely to be disputes among heirs
- Problems are expected with the administration
The informal probate process will entail presenting an application to a registrar as opposed to a judge. Registrars then approve the estate and ensure completion of all paperwork, but won’t be involved once they have approved the estate.
Formal probate, on the other hand, involves a probate attorney. The formal process can be more complicated and involve many steps, which is why it’s best to consult with a probate attorney at The Gasper Law Group who can walk you through formal probate in Colorado.
-
Can You Avoid Probate in Colorado?
Yes, you can avoid probate in Colorado by making a living trust, which will prevent any asset you own from going to probate courts, including bank accounts, real estate, and more. You can do so by creating a trust document that names a specific individual to serve as a successor trustee following your death. You will then need to transfer ownership of your property to yourself as the trustee identified in the trust.
You can also avoid probate in Colorado through:
- Joint ownership of property
- Payable-on-death designations for bank accounts
- Transfer-on-death real estate deeds
- Transfer-on-death registration for securities
- Simplification of probate procedures for small estates
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