Estate Planning

Protect your family, plan for the unexpected, and make sure your wishes are clear—with legal documents you actually understand.

Wills

A will is a legal document that lets you decide who will inherit your property after you pass away. It also allows you to name a personal representative to manage your estate and appoint a guardian for minor children. Even if you have a trust, a will is still important to handle assets not titled in the trust and to act as a safety net.

Yes. A will is the proper place to legally nominate guardians for your minor children in the event of your death. At Clear Creek Law, we walk you through this decision carefully and make sure your wishes are documented in a way that meets Colorado’s legal standards.

At Clear Creek Law, we begin with a personal conversation to understand your family, goals, and assets. We’ll help you decide who should receive your property, who will manage your estate, and whether any special gifts or instructions are needed. Once drafted, we review everything with you in plain English and supervise the signing to ensure your will is valid under Colorado law.

If you pass away without a will, Colorado’s intestacy laws decide who receives your assets—often in ways that don’t match your actual wishes. A judge will also decide who manages your estate and who takes care of your children, if applicable. Creating a will lets you stay in control and avoid leaving those decisions to the court.

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Financial Power of Attorney

A Financial Power of Attorney (POA) is a legal document that lets you choose someone—called your agent or attorney-in-fact—to handle financial matters if you’re unable to. This can include paying bills, managing accounts, or handling property and investments.

Your POA can be broad or limited depending on your needs. It might give your agent full access to all your finances or restrict them to specific tasks, like managing real estate. It can also take effect immediately or only if you become incapacitated.

A durable financial POA stays in effect even if you become mentally incapacitated. This is important because it ensures your agent can continue managing your affairs when you’re no longer able to make decisions.

In Colorado, a financial POA must be a written document that follows state law, names your agent, and clearly outlines the powers you’re granting. You must be mentally competent when you sign it. While notarization isn’t always required, it’s strongly recommended—especially when dealing with banks or financial institutions.

At Clear Creek Law, we prepare durable financial POAs tailored to your needs and make sure they comply with Colorado law. We’ll guide you through the process and provide signing instructions so your document is valid and ready to be used when needed.

Yes. As long as you’re still competent, you can revoke or change your POA at any time by notifying your agent and any institutions involved. It’s good practice to do so in writing and keep a record.

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Durable Power of Attorney

Advance Directive

This part of your advance directive lets you name someone you trust to make medical decisions on your behalf if you’re unconscious or unable to speak. This person, called your agent, can talk to doctors and make choices based on your values and instructions.

A living will is where you state whether you want life-sustaining treatments—like ventilators, CPR, or feeding tubes—if you’re in a coma or near the end of life. It helps ensure your wishes are followed and eases the burden on loved ones during difficult times.

This section gives your chosen decision-maker access to your medical records and health information. That way, doctors can share information freely and your agent can make informed choices about your care.

By putting all of this into one document, an advance directive provides clear guidance and legal authority during a medical crisis. It ensures your care reflects your choices, not just what others think you might want.

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Trusts

A trust is a legal tool that lets you place assets—like your home, bank accounts, or investments—into a structure managed by someone you choose, called a trustee. It helps ensure those assets are handled according to your wishes, both during your life and after you’re gone.

Think of a trust like a container that holds your assets. You create instructions for how and when those assets should be used, and your trustee carries them out. Trusts are especially useful for avoiding probate, managing your affairs if you’re incapacitated, and providing ongoing support to loved ones.

A revocable trust allows you to stay in full control—you can add or remove assets, update the terms, or cancel it entirely. It’s flexible, easy to update as your life changes, and ideal for keeping your estate private while avoiding probate.

An irrevocable trust generally can’t be changed once it’s set up, but it may offer stronger asset protection, help reduce estate taxes, and preserve wealth for future generations. You give up some control, but gain important legal and financial advantages.

Trusts are helpful if you want to avoid probate, plan for incapacity, keep your affairs private, or provide long-term support for children, blended families, or beneficiaries with special needs. At Clear Creek Law, we’ll help you decide whether a trust is right for your goals and how to structure it properly.

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Special Needs Trust

A Special Needs Trust (SNT) is designed to hold assets for someone with a disability without affecting their eligibility for needs-based government benefits like Medicaid or SSI. It allows you to support a loved one while preserving access to essential programs.

If you have a child or other loved one with a disability who relies on government assistance, an SNT can be a smart way to leave an inheritance without disrupting their benefits. It can cover quality-of-life expenses like housing, transportation, and therapy not paid for by public aid.

At Clear Creek Law, we help you set up a Special Needs Trust that complies with federal and Colorado law, names a qualified trustee, and outlines how funds can be used. We’ll also coordinate with your broader estate plan to ensure everything works together smoothly.

Minor's Trust

A Minor’s Trust is a legal provision in your estate plan that holds and manages assets for a child until they reach a chosen age—often 18, 21, or older. It ensures that any inheritance left to a child is handled responsibly by a trustee, rather than going through court-supervised guardianship.

Minors can’t legally manage property, so if they inherit assets outright, a court will appoint someone to manage it for them. A Minor’s Trust avoids that process by letting you choose the trustee and the terms of distribution—such as for education, health, or other needs as the child grows.

We help you include a customized Minor’s Trust within your will or living trust, ensuring that your children’s inheritance is protected and used the way you intend. At Clear Creek Law, we’ll guide you through choosing the right structure and trustee for your family’s future.

Beneficiary Review

Many assets—like retirement accounts, life insurance, and annuities—pass outside your will or trust and go directly to named beneficiaries. A beneficiary designation review ensures those designations are up to date and consistent with your overall estate plan.

Even a perfectly drafted will or trust won’t override a beneficiary form. If those forms are outdated, your assets could go to the wrong person—such as an ex-spouse or someone you no longer intend to benefit. Regular review prevents costly mistakes.

At Clear Creek Law, we help you review your current designations, explain how they interact with your estate plan, and recommend updates if needed. We also coordinate with your financial advisor or insurance agent as part of a team-based approach to planning.

Trust Funding Assistance

Trust funding means retitling your assets so they’re legally owned by your trust. Without funding, your trust may not work as intended—leading to probate or unintended distributions. This step is essential for making the trust fully effective.

Assets commonly funded into a trust include real estate, bank accounts, non-retirement investment accounts, and business interests. Some assets, like retirement accounts, are not retitled but may need updated beneficiary designations to work with the trust.

We help guide the process of funding your trust by providing clear instructions, reviewing deeds and account documents, and coordinating with your financial institutions. Our goal is to make sure your plan actually works the way you intend—not just on paper.

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