Northglenn, CO estate planning & probate attorney Jeff Althaus discusses why you need a will in Colorado. He explains that when it comes to wills, many people ask us why they need one. It may sound strange coming from an attorney who specializes in drafting wills, but the truth is, you don’t necessarily need one. Now, before you find that surprising, let me explain. The will is actually the least crucial document we create for our clients.

Typically, people believe that having a will means they can avoid court and ensure their family is taken care of. However, that’s not entirely accurate. A will is essentially a collection of papers that outline your wishes for the distribution of your assets and who should oversee the court process. If we rely solely on your will, we’ll still end up in court to determine how your assets will be distributed. A will, by itself, does not bypass probate. However, there are additional planning documents we can use in conjunction with a will to help you avoid court.

So, why should everyone have a will? Well, a will does serve some important purposes. Firstly, it provides a written record of your instructions regarding your assets, which can help prevent disputes among family members. Secondly, if you have minor children, a will allows you to designate a guardian for them, ensuring their well-being if you’re no longer able to care for them. Lastly, a will acts as a backup plan, ensuring your intentions are documented.

While it may seem strange that a good plan can be achieved without a will, it’s always reassuring to have one as an additional safeguard. However, it’s important to note that there are other planning documents we can prepare in conjunction with a will to help you avoid court involvement.