Don't Draft Your Own Deed

Dan McKenzie • Sep 29, 2023

After helping to plan and administer more estates than we could count, one of the most common problems we have encountered is cases where people tried to draft their deeds for their property, causing severe problems. In this blog post, I want to explain the consequences of a poorly drafted deed and why you should seek professional help when dealing with such important documents.


A deed is a legal document that transfers property ownership from one person or entity to another. It must contain certain elements, such as the names of the parties, the description of the property, the consideration (price or value), and the signatures of the grantor (seller). It must also be recorded in the county where the property is located to make it effective and public.


If you draft your deed without proper knowledge and guidance, you may make mistakes that can seriously affect your property rights and interests. Here are some of the possible consequences of a poorly drafted deed:


  • You may not transfer the property as you intended. For example, if you want to add an owner to your property, specify whether they are a joint owner or a tenant in common. The former means that you share equal rights and responsibilities with the co-owner and that if one of you dies, the other inherits the whole property. The latter means that you own a separate share of the property and that if one of you dies, that person's share goes to their heirs or beneficiaries. If you omit or misuse the word "jointly," you may create confusion or conflict over who owns what and who inherits what, and you may end up co-owning your property with someone you didn't choose or don't even know!

  • You may create legal disputes or challenges over the validity or enforceability of the deed. For example, you may leave room for ambiguity or error if you do not adequately describe the property or its boundaries. This may lead to questions or claims about who owns what part of the land or whether the deed covers the whole property or only a portion of it. You may also face problems with title insurance, taxes, mortgages, liens, easements, or other encumbrances that affect your property rights.

  • You may incur additional costs or liabilities to fix or correct the deed. For example, if you discover that your deed has a mistake or an oversight, you may need to hire an attorney to draft a new deed or a corrective deed. You may also need to obtain the consent and cooperation of the other party or parties involved in the deed, which may not be easy or possible. You may end up paying more money and time than you would have if you had hired an attorney in the first place.


These are just some issues that can arise from drafting your deeds. There are many more that I could mention, but I think you get the point.


Your house is probably your most valuable asset and has a lot of emotional and sentimental value. You don't want to risk losing it or having it diminished by a poorly drafted deed to save a few bucks. I strongly recommend hiring a qualified attorney to help you with your deed and ensure it complies with all the relevant laws and standards. It may cost you some money upfront, but it will save you and your family a lot of headaches and expenses in the long run.

what next?

If you think it might be time to think through your estate plan, you can:


  1. Call us at 720-821-7604 to schedule an "Attorney Evaluation Session" to determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
  2. Visit our estate planning page to learn how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
  3. Learn more by reading our blog or watching our videos.

The Probate Process in Colorado

30 Apr, 2024
The Probate Process in Colorado

When and How Often Should You Update Your Estate Plan?

By Dan McKenzie • 04 Apr, 2024
The most common questions we get about estate planning are when to start it and how often to update it. Learn more about how we advise our clients on these questions here.

The Importance of Estate Planning: Avoiding Probate and Protecting Your Assets

By Dan McKenzie • 29 Mar, 2024
Proper estate planning is not just about saying who gets what when you die. Done correctly, it can help you avoid court and maintain privacy.

Understanding Probate in Colorado: The Guide to Timelines, Steps, and What to Expect

By Dan McKenzie • 28 Feb, 2024
If you have recently lost a loved one, you might find yourself participating in a probate process, either as the executor or a beneficiary. Learn more about what to expect from that process here.

Sharing Your Estate Plan: A Delicate Balance

By Dan McKenzie • 04 Feb, 2024
One of the most common questions we receive is whether or not to share the details of an estate plan with adult children. This decision is personal and can have far-reaching implications for the individual and their family. The Benefits of Sharing Your Estate Plan Sharing your estate plan with your adult children can be beneficial. Doing so allows the family to discuss the plan's details, including what needs to be done in the event of incapacity or death. This open communication can help set expectations and facilitate a smooth estate administration process. A discrepancy between the plan and what the family expected is one of the most significant sources of tension and difficulty during the estate administration. It can be helpful to identify and resolve the discrepancy while the person who can change the plan can either still do so or explain why they designed the plan the way they did. Our firm generally recommends communication with fiduciaries and beneficiaries about the plan. However, communication does not necessarily mean sharing the complete draft of the estate plan. The Risks of Sharing Your Estate Plan While there are benefits to sharing your estate plan, there are also potential drawbacks. One of the main concerns is that sharing the estate plan can create difficulties if the plan is changed after it has been shared. This can be particularly problematic if any of the beneficiaries of a previous plan will receive less from the new plan. Another risk is the possibility of inconsistent plan drafts circulating after death. This can lead to confusion and potential disputes among beneficiaries. Suggestions for Communicating Your Estate Plan Given these considerations, here are some suggestions on how to best communicate the details of your estate plan: Maintain a Record : Record what has been shared, who it has been shared with, and when it was shared. This can help ensure everyone is on the same page and minimize potential misunderstandings. Share Digital Copies : Consider sharing digital copies of your estate plan, accompanied by a cover letter or mark reminding everyone that the plan can change. This can help mitigate the risk of outdated drafts circulating. Provide a Summary : Instead of sharing the entire plan, consider providing a summary. This can give your family a general idea of your intentions without divulging all the specifics. Again, include a disclaimer that the plan can change. Remember, every situation is unique, and what works for one family may not work for another. It’s essential to weigh the benefits and risks before sharing your estate plan. As always, we’re here to help guide you through this process. Please note that this blog post is intended for informational purposes only and does not constitute legal advice. Always consult a qualified estate planning attorney for advice on your situation.

Contesting a Will in Colorado: A Simple Guide

By Dan McKenzie • 29 Dec, 2023
If you are unhappy with the terms of a will, you may have the right to challenge it in court. However, contesting a will is not easy and requires certain legal grounds and procedures. This blog post explains the basics of how to contest a will in Colorado, including who can do it, what reasons are valid, and what steps are involved.

What to Do If You Think Your Trustee Is Not Doing Their Job Right

By Dan McKenzie • 26 Dec, 2023
Explore the essential steps to take when a trustee is not fulfilling their duties effectively. This guide provides practical advice on identifying trustee shortcomings and the legal actions available to address them. Ensure your trust is managed properly with our expert insights on trustee responsibilities.

What is the Formal Probate Process in Colorado and When Do You Need It?

By Dan McKenzie • 24 Dec, 2023
The blog post outlines the formal probate process in Colorado, detailing when it's necessary and the steps involved. It serves as a guide for individuals navigating the legalities of estate management after a loved one's passing. The content is informative and designed to assist users in understanding the complexities of probate law in Colorado.

How to Start an Informal Probate Process in Colorado

By Dan McKenzie • 24 Dec, 2023
Discover the straightforward steps to initiate an informal probate process in Colorado with our concise guide. Learn what information is required for the application, including personal details of the decedent and your connection to the estate. Understand the importance of meeting the time limits for filing and find out how to navigate the process without a court hearing, all explained in simple terms. Ensure a smooth probate journey with our expert insights on Section 15-12-301 of the Colorado Probate Code.

What To Do With the Will of Someone Who Has Passed Away in Colorado

By Dan McKenzie • 21 Dec, 2023
What happens to the Will of someone who has passed away in Colorado? Learn about the custodian’s duty to deliver a will promptly and to the correct probate court, ensuring your loved one’s wishes are honored. Discover the importance of acting swiftly and accurately in the probate process to preserve legacies and avoid legal repercussions.
More Posts
Share by: