When people hear about wills or planning for a will it immediately brings them to the thought of death. No one wants to think about death or dying but not having a will can create difficulties for loved ones. A will permits a person to make decisions on how their estate will be managed after death. It allows the person to decide how their personal property and and other assets will be handled instead of the state managing their estate.
If a person dies without a will they are said to have died “intestate” and essentially the law will make decisions about dissemination of the deceased person’s estate and assets based on tenants of Colorado law. Many people find this prospect as scary as thinking about death itself.
In Colorado in order to make a will the person must be 18, be of sound mind, know their assets and immediate family members, and know who they want to give their assets to. A will may be handwritten or typed but must be signed by the maker and dated. A properly executed will should also be witnessed by two uninterested parties and, ideally, notarized. A person can also appoint someone else to sign a will on his/her behalf. Colorado courts will generally accept a holographic (handwritten) or typed will but these wills are frequently found defective which may cause delay. People are normally surprised to hear that a will can be handwritten but there are many cases trial courts have heard that involved wills written on scraps of paper or napkins. And some of those will have been held to be legally valid.
It is best to speak with an attorney when writing a will as writing a will does require special skills. Most attorneys who handle wills will be able to write a will for you which will include all relevant language that will prevent unnecessary complications when it comes time to execute the will. In most cases, it is good advice to avoid pre-printed will forms you could otherwise purchase from a big box office supply store.
A will can be updated or changed at any time provided the person is still mentally competent. Upon a divorce, Colorado law states once a divorce is final the ex-spouse no longer has a claim. Upon a marriage, the new spouse will be entitled to the same shares they would receive if there was no will set up. Colorado law also provides protection for children born after the will was executed as long as there were no provisions in the will to specifically exclude them. Worried about someone claiming your estate against your wishes? A clause can be added to the will to disinherit a person who contests the will but it will only be valid if the heir does not have a good faith reason to contest the will.
by Brittney Jones