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Colorado Estate Planning
Excluding Gain From the Sale of Your House
Excluding Gain Limits You may qualify for excluding gain from the sale of your home by up to $250k of your capital gains from your taxable income or $500k if you’re filing a joint tax return with your spouse. You must sell your principal residence before you can claim the exclusion. You can exclude gain...
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Non-Recourse Liability and Debt
Advantages of Taking on Debt with Non-Recourse Liability Non-recourse debt means that if the debtor defaults, the creditor cannot pursue the debtor personally. Instead, the creditor must seek recovery from the collateral securing the loan. The creditor can file a suit against the borrower if the collateral does not cover the debt. However, if the...
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Issues That Arise When Forming A Trust and Estate Planning
Do I Need Estate Planning? Estate planning is about protecting yourself, your family, and your loved ones against potential problems that could arise after you die. Estate planning includes creating a will, establishing trusts, making medical directives, and choosing guardianship over minors. Having a valid will is essential if you don’t do anything else. You...
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What are common estate planning documents?  This may be a common question asked of an estate planning attorney, and it is important for people who are beginning to plan their estate to understand what their options are.  Common estate planning documents could be: – Will and Last Testament – Living Will – Medical Power of...
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The McGuire Law Firm provides a free consultation with a Denver business attorney.  If you own a business or are considering forming a business, we can help you.  From business formation and structure all the way to the sale or purchase of business, and business contracts, a Denver business attorney at The McGuire Law Firm...
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Does a revocable living trust provide asset protection?  In general, no a revocable living trust would not provide asset protection.  If the trust is revocable, and thus the grantor can revoke the trust and reach the assets as they wish, then the grantor could certainly do so for the benefit of their creditors.  The video...
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Most people know what a will and last testament is and that a will is used to state your wishes regarding the disposition of your property.  However, many estate planning attorneys are still asked questions such as:  Who can be in my will?  What are the parties in a will?  What roles need to be...
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Do you need to have an attorney draft your estate planning documents? Estate planning attorneys often see people try to “save money” by purchasing software that allows them to create their own estate planning documents. These same people say that attorneys charge high fees for basic documents just to make money. Though some attorneys may...
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Many people have heard horror stories about the probate process.  Maybe they have heard probate is costly, or maybe it took a very long time for a friend or family member to go through the probate process for a loved one.  Due to these issues and stories, it is common for estate planning attorneys to...
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Estate planning attorneys are likely to receive the question, “what are testamentary assets?”  Many people are aware of the terms will, testamentary and probate.  Further, many people are aware that there are means by which to avoid probate, but they still do not fully understand what a testamentary asset is.  The article below has been...
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