Estate Planning: Trusts vs Wills in Colorado
March 8, 2023
Estate Planning: Trusts vs Wills in Colorado
When it comes to estate planning, there are several different legal instruments that you can use to protect your assets and provide for your loved ones. Two of the most common types of estate planning tools are trusts and wills. But what are the differences between the two? How does a will work? How does a trust work? What type of assets can I include in my estate plan in Colorado? Let's take a look.
A will is a legally binding document that allows you to determine how your property and possessions should be distributed upon your death. This includes items such as cash, real estate, investments, personal belongings, and even digital assets like online accounts or cryptocurrency. Your will also outlines who should serve as your executor—the person responsible for carrying out the wishes laid out in the document—and who should receive guardianship of any minor children in your care.
A trust is similar to a will in that it allows you to provide directions on how you want your property and possessions distributed upon your death. However, unlike a will, which only goes into effect upon your death, a trust goes into effect immediately upon its creation—allowing you to manage certain assets while you're still alive if needed. A trust also offers greater privacy than a will because it doesn't have to go through probate court like a will does (which means all of its contents become public record). Additionally, since trusts don't need to be probated by the court system they usually save time and money when compared with managing an estate using just a will. 
How Does a Will Work?
A will is a legally binding document that allows you to determine how your property and possessions should be distributed upon your death. This includes items such as cash, real estate, investments, personal belongings, and even digital assets like online accounts or cryptocurrency. Your will also outlines who should serve as your executor—the person responsible for carrying out the wishes laid out in the document—and who should receive guardianship of any minor children in your care.
How Does a Trust Work?
A trust is similar to a will in that it allows you to provide directions on how you want your property and possessions distributed upon your death. However, unlike a will, which only goes into effect upon your death, a trust goes into effect immediately upon its creation—allowing you to manage certain assets while you're still alive if needed. A trust also offers greater privacy than a will because it doesn't have to go through probate court like a will does (which means all of its contents become public record). Additionally, since trusts don't need to be probated by the court system they usually save time and money when compared with managing an estate using just a will. 
What Type Of Assets Can I Include In My Estate Plan?
The type of assets that you can include in your estate plan depends on where you live and whether or not those assets meet certain eligibility requirements (such as real estate). Generally speaking though, most people can include items such as cash savings, investments/securities/stocks/bonds/mutual funds, real estate holdings, vehicles (cars/boats/planes), artwork/antiques/jewelry/furniture, life insurance policies/annuities contracts/IRAs/401ks , business interests (sole proprietorships or partnerships), digital assets (websites domain names) social media accounts (Facebook Instagram etc.), cryptocurrency (Bitcoin Ethereum etc.), copyrights patents trademarks royalty agreements intellectual property rights etc., charitable gifts charitable organizations donations charities etc., pets (dogs cats horses etc.). It's important to note though that laws vary from state-to-state so it's best to consult with an experienced attorney when creating an estate plan.Creating an effective estate plan is essential for protecting yourself and providing for loved ones after death or incapacitation. When designing yours it’s important to understand the difference between trusts and wills; each has advantages over the other depending on the situation at hand. Additionally, depending on where you live there may be certain financial restrictions regarding what types of assets can be included in these plans so it’s important to speak with an experienced attorney before drafting either document. Doing so can ensure that all of your wishes are carried out exactly as intended whether now or after passing away. By understanding how trusts and wills work in Colorado residents can make sure their estates are managed efficiently and effectively regardless of circumstances.
What next?
If you think it might be time to think through your estate plan, you can:

- Give us a call at 720-821-7604 to schedule a "Discovery Session" at which we can determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
- Visit our estate planning page to learn more about 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.
- Learn more by reading our blog or watching our videos .
Learn the legal grounds for contesting a will in Colorado, including undue influence, fraud, and lack of capacity. The McKenzie Law Firm, LLC helps Colorado families with will contests and probate disputes.
Learn the difference between an executor and a personal representative in Colorado probate law. The McKenzie Law Firm, LLC helps New York clients understand estate administration roles and terminology.
Learn the difference between an executor and a personal representative in Colorado probate law. The McKenzie Law Firm, LLC helps New York clients understand estate administration roles and terminology.
Learn how long estate administration takes in Colorado and what affects the timeline. The McKenzie Law Firm, LLC helps Denver families navigate probate and estate matters efficiently.
Learn the key legal reasons to contest a will in Colorado, including lack of capacity, undue influence, and fraud. The McKenzie Law Firm, LLC helps New York residents navigate estate matters.
Differences Between a Trust and a Will in Colorado
Who Can I Name as an Heir in Colorado?
Consequences of Dying Without a Will in Colorado
What Types of Assets Can Be Included in a Colorado Trust?
What is a Guardianship and When Do I Need One?
What Are the Required Documents to Create a Will in Colorado?