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ESTATE PLANNING

Robinson Bailey PC provides full service estate planning for firm clients.  This includes consultation, selection of the appropriate estate plan, and preparation of all necessary estate planning documents including:

  •  Wills
  •  Trusts
  •  Financial Durable Powers of Attorney
  •  Medical Durable Powers of Attorney
  • Living Wills/Declarations as to Medical or Surgical Treatment
  • HIPPA Authorizations
  • Personal Property Memorandums

Follow up includes re-titling of assets, assistance with changing beneficiary designations and written follow up advice to each client to facilitate effective communication in the family.

Estate plans range from simple wills to plans which include trusts used to minimize estate taxes or protect beneficiaries.  They may include formation of family limited partnerships or other entities to facilitate wealth protection and transfer, life insurance trusts, charitable trusts, or other trusts designed to shift wealth to the client’s beneficiaries.  For clients with a taxable estate, a gifting plan may be considered.  All plans take into consideration the estate taxes to which the client may be subject.

 

PRENUPTIAL AGREEMENTS

Robinson Bailey PC assists clients with prenuptial, marital and co-habitation agreements as needed.  Such agreements are advisable for many clients entering into a second marriage, especially if either or both spouses have children from a prior marriage.  Many young people also enter into prenuptial agreements to protect wealth derived or expected to be received from their respective families or built by their efforts.

 

PROBATE

Probate, also referred to as estate administration, is the process of transferring assets when a family member dies.  In some cases, where the estate is not taxable and the spouse is the sole beneficiary via jointly held assets, the process may be as simple as showing or recording a death certificate.  In other cases, estate administration is normally conducted using Colorado’s streamlined informal probate process. Those which are not subject to estate tax are normally closed within a year.

 

TRUSTS AND TRUST ADMINISTRATION

A trust is an agreement between a grantor and settlor, for the management and protection of assets for one or more beneficiaries.  Trusts are important for protecting the assets of minor children, and have many other tax and estate planning benefits.  Robinson Bailey PC assists clients in establishing trusts, re-titling assets as necessary, and understanding the requirements to achieve the results they expect.  The firm also assists corporate and individual trustees with trust administration.  We are also available to help clients who are beneficiaries of trusts to understand how they work and to facilitate relations with their trustee.

 

ENTITIES

Robinson Bailey PC assist clients with the formation and operation of corporations, S corporations, limited liability companies, family partnerships and family limited partnerships.  We prepare operating agreements as appropriate for the business to be conducted, often working with the client’s Certified Public Accountant.  Kate handles corporate compliance, stock transfers and preparation of assignments for the transfer of interests in partnerships and limited liability companies.  Our attorneys are available as needed to attend Board of Directors’ meetings to provide general legal advice to the Board.  We are also available to assist with preparation of corporate minutes.

 

REAL ESTATE TRANSACTIONS

Robinson Bailey PC provides assistance with respect to the purchase and sale of real property, including review or preparation of contracts, assistance with negotiations, review of title documents, review of closing documents, and Internal Revenue Code Section 1031 exchanges.

 

WATER RIGHTS

Robinson Bailey PC is well versed in Colorado’s prior appropriation system of water rights and has experience in Water Court changes of water rights.  We represent several ditch companies, working with their Boards of Directors and engineers to deal with the challenges of urban development in formerly rural areas.  This includes working with developers to protect the ditch companies’ rights and in many cases includes formalization of historic ditch easements.  Robinson Bailey PC also handles water rights sales and purchases.

 

SPECIAL DISTRICTS

Robinson Bailey PC represents two Colorado special districts, local governments which provide water, sanitary sewer and other services to residents within their boundaries.  Special districts are governed by an elected Board of Directors, and our attorneys provide legal advice to such Boards as well as assistance to them and their District managers in complying with local government law, including the budget and appropriations process, election law, contract law and record keeping requirements.