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In Colorado, can I make up my own Will and just have it notorized so my property and assets don't have to go through Probate?
Anonymous6 views5 answers
I just inherited my mother's house in MN. I live in Colorado. I have 2 daughters I would like to get the house I own at the the time of my death (I will be selling the house in MN and buy one in Colorado) and any of my assets and personal property, and any money I have in bank or IRA. I want to protect my 2 daughters from my siblings. My mother had a very simple Will done in 2007 and was straight forward and paid dearly for any attorney to draw it up. Can I do my own and have it notorized or do I have to have an attorney?
You can certainly draft your own will, and it will be recognized by the court as long as it follows the Colorado requirements for a valid will. I will caution that a will can come across as deceptively simple. There are many factors to consider that can affect who gets what. I would recommend working with an attorney to ensure your will that instructs your wishes for your daughters is air tight. Many attorneys offer low cost and even flat cost options for will drafting. It doesn't have to be expensive, but working with an attorney will give you the security that it was don't right. Best of luck!
Whenever you have potential family conflicts, you should consult an attorney. Your plan should consider the age and maturity of your children. Also, Colorado law is relatively simple as far as estate planning. I wouldn't assume the amount charged to your mother was typical. I suggest calling a few attorneys; many can give you a quote over the phone after a short chat.
I would also note that the attorney's advice and analysis is critical. Drafting documents may seem simple, but the concepts behind them are not as straightforward. For instance, your assumption that writing a will would have some bearing on whether assets would go through probate is actually incorrect (wills only govern property that IS subject to probate).
A will always goes through probate. If you want to avoid probate you would have to establish a fully-funded trust or do other alternatives (such as POD or JTRS).
I am not sure what was the amount your mom paid for the attorney, but a simple will for a single person (with powers of attorney, memorandum of distribution, advance directive, final directions), can be as inexpensive as several hundred dollars. It all depends. In short, especially given your statements, you are best off getting legal advice. If not, then understand the law and follow it to the letter.
My colleagues all give you good advice. By all means, make up your own will -- what could possibly go wrong? I apologize for that sardonic question, but you have to understand that the only time a will actually gets reviewed after it is signed is when it is too late to change it. It sounds like you truly want to look out for your daughters' interests; therefore, the only responsible way to go is to hire an attorney. It shouldn't be expensive. Besides, the most expensive kind of will is one that was drafted poorly.
Beyond that, I'll never understand why persons who won't mow their own lawn, or bake their own cakes, or do their own manicures will think it perfectly fine to handle their own legal work without the slightest legal training, legal education, or legal insight.
Good luck to you.
Whenever real property (real estate) is involved, it is quite likely that probate will be required. However, Colorado (along with a growing number of other states) recognize special deeds that transfer ownership upon a persons passing, which might fit your situation. Paying for this type of planning beckons the saying: "don't be penny wise and pound foolish."