719-310-7221 john@hussonlaw.com

Husson Law Firm

Estate Planning & Assisted Reproductive Technology

Licensed in Colorado

Protecting the Law Since 1977

 

 

 

Estate Planning involves and requires the preparation of a comprehensive written plan to determine who will receive your assets (known as “your estate”) following your death.  Also, a carefully structured estate plan will consider how your finances will be managed if you become incapacitated.  The use of a general or financial power of attorney is essential if you become incapacitate.

You will need to select an individual to act as your agent to manage your estate during your incapacity.  The most important qualification is trust.  Financial skills are also important but trust is essential above all else.  If you become incapacitated and do not have a financial power of attorney in place, then your significant other or family members will need to hire an attorney to ask the Court to appoint a Conservator to manage your estate.  This is an expensive and time consuming process which can be avoided with a well draft financial or general power of attorney giving your agent the authority needed to manage your finances until you regain incapacity.

Regarding the disposition of your assets following your death,  this can be controlled both by contract and also by your Will or Trust.   Many individuals and families will complete beneficiary designations for their bank accounts, life insurance policies, and retirement plans such as IRAs and 401(K)s etc. These completed beneficiary designations, and not your Will,  will determine who receives your assets at your death.  Also, most married couples in Colorado own their homes in “joint tenancy”.  By law in Colorado, this means that the surviving joint tenant automatically owns the home following the death of his/her spouse.

The use of beneficiary designations and joint tenancy are the most common ways that assets are distributed following an individual’s death.  Your Will  controls the disposition of your assets following your death only if these assets are not owned in joint tenancy or controlled by a beneficiary designation.   If your Will controls the disposition of some of your assets then your Will must be probated.  This means you will need to hire an attorney and the Court will appoint a Personal Representative (also called Executor in some states)  to manage and distribute your estate.  In Colorado, Probate is usually not expensive but it can take time and it does involve the Court’s supervision of your estate.

Because Colorado has adopted the Uniform Probate Code, probate in Colorado is not as expensive and time-consuming as it used to be.   There can be exceptions to this for complicated estates and with litigious families who can dispute the decedent’s Will.    Many clients wish to avoid probate.  This is usually done with a document called a Revocable Trust also called Rev Trust or Living Trust.   Your Rev Trust will own your assets and at your death, your Trustee will distribute your trust owned assets without court involvement.    A Rev Trust is not for everyone and the legal costs in drafting it are more expensive than the preparation of a Will.   Regardless, a Rev Trust may be recommended for you if wish to avoid probate

I will provide a detailed estate planning questionnaire to you to complete.  I will then review it and discuss your assets and personal situation with you to determine how best to proceed.  For example, if you are planning to have children or already have one or more children under the age of 18, you will need to nominate a guardian and successor guardian, to care for your children if you die before they reach the age of majority which is 18 in Colorado.   The nomination of a guardian is of course critically important for your children.   The Court still must appoint your Guardian by court guardian order, but your nomination of a guardian in your Will requires that the Court give that person or persons statutory priority.   In other words, if you select your brother George and his wife Sally to be guardians, the Court will not second guess your selection.  

Our Practice

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Power Of Attorney

Powers of attorney are documents that convey legal authority for one person or organization (agent) to act in the name of another person when making decisions.

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Estate Planning

Estate planning is the process of designating who will receive your assets and handle your responsibilities after your death or incapacitation. One goal is to ensure beneficiaries receive assets.

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Trusts & Wills

Trusts are very flexible instruments. Husson Law LLC can help you create one that addresses your unique estate planning needs. I also counsel clients who want to augment their asset.

Assisted Reproductive Technology (ART)

While assisted reproductive technology contracts cover similar broad categories, every client presents their own set of circumstances

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Guardianships and Conservatorships

We provide legal support for capable and caring adults who want to gain the legal right to make decisions for loved ones in need of their assistance.

Living Wills & Other Advance Directives

Creating living will and advance directive documents can ensure that if you ever become unable to make decisions for yourself, someone will.

Why Choose Us

Honest, Expert Lawyers

Established in 2002 and currently located in Denver, Colorado, Husson Law LLC is the sole practitioner law firm of John J. Husson, Attorney at Law. Attorney Husson is a lawyer that provides assisted reproductive technology legal advice, counsel and support to hetero and same-sex couples, married and unmarried, as well as single men and women. His clients reside in Colorado, nationwide and internationally.

Legal Care

Colorado Attorney Husson writes customized surrogacy contracts and egg, sperm and embryo donation agreements and contracts that support your family formation needs and protect your emotional and financial investment for years to come. He also provides estate planning services for his Colorado assisted reproductive technology clients.

Trust Attorney 

trust attorney knows the how to set up your estate planning. When you go to a trust attorney, they’ll take the time to understand your finances and goals and help you understand all your options. Then, they can help set up a trust that is legally binding and meets yours and your loved ones goals.

Living Will

When you have a living trust, there are many areas involved in the process. You will need to choose a trustee who will be in charge of managing the trust assets and distributing them. … It is also possible to choose a company, such as a bank or a trust company, to be your trustee.  Using an attorney means that the trust will be completed correctly.  Generally, a power of attorney (POA) is not designated for a trust. However, there could be instances when you might want to name the same person as your trustee and as your attorney-in-fact.  With our Firm you are in good hands.  We take the stress out of the process.

Your Satisfaction Is Our Priority

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The Law Comes First

 

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Honest Communication

 

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Committed to Excellence

 

COVID19

Because of the COVID19 pandemic, I am able to work safely with my clients with the use of Zoom and other video technology.   Even the Courts are now conducting virtually all court hearings and trials by video technology using primarily WebEx.  All of  my legal work for you can be handled with the assistance of Zoom video technology.    Your Wills and other estate planning documents can be signed and notarized remotely with the assistance of Zoom technology. 

Let’s Work Together