Trust Attorney in Longmont, Colorado
A revocable living trust lets you stay in control of your assets during your lifetime, plan for incapacity, and pass everything to your family without probate. Whether a trust makes sense for your situation depends on your assets, your family, and your goals — and that's exactly what the initial consultation is for.
Revocable Living Trusts
Probate Avoidance
Incapacity Planning During Your Lifetime
Beneficiary Distribution Control
Trust Funding Guidance
Free 30-Minute Consultations
Will, Trust, or Both? Here's How to Think About It
Most people arrive at this page with the same question: do I need a will, a trust, or both?
The honest answer is that it depends. Colorado's probate process is more streamlined than many states, which means a will alone is sufficient for some families. But a revocable living trust makes sense — and often makes more sense than a will alone — when any of the following apply: you want to avoid probate entirely, you want someone to be able to manage your assets immediately if you become incapacitated, you have minor children or beneficiaries you want to protect over time, or you own real estate and want the transfer to be private and efficient.
Most complete estate plans include both. A trust handles the assets transferred into it. A will acts as a backstop for everything else.
What a Revocable Living Trust Actually Does
A revocable living trust is a legal document you create during your lifetime. You transfer your assets into it — your home, bank accounts, investment accounts — and you remain in control of all of it as the trustee. You can change the trust, add assets to it, or revoke it entirely at any time while you're alive.
When you die, the assets in the trust transfer directly to your beneficiaries according to the terms you set — without going through probate court. There's no public record of what you owned or who received it. Your successor trustee (the person you named to take over) can distribute assets immediately, without waiting for court approval.
While you're alive, if you become incapacitated, your successor trustee can step in and manage the trust assets on your behalf — without the court involvement that would otherwise be required. That's something a will can't do. A will only takes effect after death.
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Will vs. Trust — Which Is Right for You?
A will is typically the right choice when:
- Your estate is straightforward and probate isn't a major concern
- You don't own real estate or have modest assets
- Your primary goal is naming a guardian for minor children
- You want a simpler, lower-cost starting point
A trust makes more sense when:
- You want to avoid probate and keep your estate private
- You own a home or real estate and want a clean transfer
- You want someone to manage your assets immediately if you're incapacitated
- You have minor children or young beneficiaries you want to protect over time
- You want to control when and how beneficiaries receive distributions
- You own property in more than one state
Most families benefit from both.
A trust handles the assets inside it. A will covers anything that wasn't transferred in — and names guardians for minor children, which a trust alone doesn't do.
For a full side-by-side breakdown, see our guide to the difference between a will and a trust.
The Step Most People Miss — Funding the Trust
Creating a trust is step one. Funding it is step two — and it's the step that DIY approaches most often skip.
Funding a trust means retitling your assets into the trust's name. Your home, bank accounts, and investment accounts need to be formally transferred. If an asset isn't in the trust when you die, it doesn't pass through the trust — it goes through probate, which defeats the purpose.
Nicole handles trust funding guidance as part of the process. That means you leave with not just a signed document but a trust that's actually set up to work the way you intended.
Trusts Aren't Just for the Wealthy
A common misconception is that trusts are estate planning tools for people with significant wealth. In practice, a revocable living trust is often the right choice for a middle-class Colorado family with a home, retirement accounts, and young children.
For that family, the trust means their home transfers to their spouse or children without probate, their successor trustee can manage finances immediately if one parent is incapacitated, and any inheritance for minor children can be managed and distributed over time — rather than handed over in a lump sum when a child turns 18.
Nicole has set up trusts for families in exactly that situation throughout Longmont and the Front Range. If you're not sure whether a trust makes sense for yours, a free consultation will give you a direct answer.
WORKING WITH NICOLE
Helping Make Complex Trust Matters Feel Manageable
Nicole is gracious, thoughtful and knowledgeable. I came to see her to find answers for dealing with a challenging family trust. I was extremely frustrated when i entered her office and very relieved when i left. I have great confidence in her knowledge and training and highly recommend her.
— Abby S.
Frequently Asked Questions About Trusts in Colorado
Should I set up a living trust in Colorado?
It depends on your situation. A living trust is worth considering if you want to avoid probate, need incapacity planning, have minor beneficiaries you want to protect, or own real estate. Colorado's probate process is more streamlined than many states, so a will alone is sufficient for some families. A free consultation will give you a clear answer based on your specific assets and goals.
How does a revocable trust avoid probate in Colorado?
Assets held in a properly funded revocable living trust don't go through probate because they're technically owned by the trust, not by you individually. When you die, your successor trustee distributes them directly to your beneficiaries according to the trust terms — no court involvement, no waiting period, no public record. The key word is "funded" — a trust that hasn't had assets transferred into it doesn't avoid probate for those assets.
What's the difference between a will and a trust?
A will takes effect after death, goes through probate, and becomes a public record. A trust takes effect immediately, avoids probate for assets held inside it, and keeps your estate private. A trust also provides for incapacity — it can authorize your successor trustee to manage your assets if you're unable to. Most complete estate plans include both. We go into the full comparison in detail here.
Can I still control my assets if I have a living trust?
Yes. With a revocable living trust, you serve as your own trustee during your lifetime. You manage the assets in the trust exactly as you would any other asset — buying, selling, spending, and reinvesting as you choose. The trust structure doesn't restrict what you can do with your own property. You can also amend or revoke the trust entirely at any time.
What happens to my trust when I die?
When you die, the trust becomes irrevocable — it can no longer be changed. Your successor trustee (the person you named) takes over and distributes the trust assets to your beneficiaries according to the terms you set. This happens outside of probate, which means no court supervision, no public record, and no mandatory waiting period.
Do I still need a will if I have a trust?
Yes. A trust only covers the assets formally transferred into it. A will handles anything that wasn't funded into the trust — assets you acquired after the trust was created, or accounts you simply forgot to retitle. A will also names guardians for minor children, which a trust alone doesn't do. The two documents work together.
How do I avoid probate in Colorado?
The most common way is a properly funded revocable living trust. Assets in the trust transfer directly to beneficiaries without court involvement. Other tools — like joint tenancy with right of survivorship, payable-on-death account designations, and transfer-on-death deeds for real estate — can also keep specific assets out of probate. Nicole will explain which combination makes sense for your estate.
A Trust Is Part of a Complete Estate Plan
Not the Whole Thing
Most complete estate plans include four documents. A trust handles asset distribution and incapacity planning. The other three govern specific scenarios the trust doesn't cover.
for guardianship designations and backstop coverage
financial and medical authority
Living will
advance healthcare directivecoverage
Is a Trust Right for Your Estate Plan?
Not everyone needs a trust. In a free 30-minute consultation, Nicole can help you understand whether a trust makes sense for your estate planning goals, what type of trust may be appropriate, and what the process and cost would look like. If a will alone is enough for your situation, she’ll tell you that too.
Consultations are free and strictly confidential.