Estate Planning – Wills, Trusts, Gifting and Probate

“Tax avoidance is divine, but tax evasion is a crime.”

At Howard O. Bernstein, P.C., we find the plan most suited to you and your family. We consider: if you are married or single, or nontraditional, the age of your children or grandchildren, family dynamics and your values. We then look at your level of financial security and risk.

If tax planning and/or liability protection are prudent, we can create the plan. Our firm has the specialized expertise to provide custom work on a personalized basis and with the background and experience in the intricacies of tax law to provide the assurance you require that the plan will work when your loved ones need it.

Some of the tools in our kits may include:

  • Simple Wills
  • Revocable or irrevocable trusts
  • Planned gifting
  • Family business structures
  • Joint family trusts
  • Life insurance trusts
  • Disclaimer wills
  • Planned charitable giving
  • Business and investment succession planning
  • Generation skipping
  • Chronic illness care
  • Qualified domestic trusts
  • Personal residence trusts

If you don’t need a complex solution, we keep it simple.

International and Noncitizens

If you or your spouse is a noncitizen, your estate may be subject to a much lower exemption. If you have offshore property or expectations, different rules may apply to you. If you have such concerns, don’t hesitate to call us.

Probate

We view probate as a cooperative effort to close a transitional chapter in a life. If you are the personal representative (or executor) of an estate and need guidance on the process, we can provide as much or as little support as you may require, in a cost effective and personalized basis.

Marital Dissolutions

If you or the other has a family trust, family limited partnership or LLC, you may have issues regarding vesting, valuation, or succession. A trust or other family succession or estate planning device is not necessarily a “mere expectation.” There may be a marital asset under Colorado law. This can become litigious; try not to let it get there. We can help work it out in as fair an approach as practicable. We understand the lingo and the law.

If your settlement requires some protection in trust for a minor or special needs child, such as a requirement for life insurance to assure child support, let us know if we can support you by drafting a life insurance or special needs trust.

Premarital and Marital Agreements

A prenuptial or premarital agreement that dictates the division of property in the event of divorce and/or upon the death of either spouse can provide certainty, peace of mind and security to individuals that intend to marry. If you’re already married, you can achieve these same goals by entering into a postnuptial or marital agreement. Our attorneys can educate you on your rights under Colorado law and can draft an agreement that is tailored to your needs.