For many people, “family” includes more than just blood relatives. If you have a “chosen family”, such as a long-term partner, close friends or other community members, you may want to provide for them.
Without a specific legal plan, Colorado’s laws will likely distribute your assets only to your biological relatives. This can leave the people closest to you unprotected. Creating a customized Colorado estate plan is the most effective tool you have to protect your chosen family.
What happens without a will in Colorado
If you pass away without a will, you die “intestate.” When this happens, state statutes dictate how your property is divided. These laws prioritize spouses and blood relatives, like parents, siblings or children. Colorado’s intestacy laws will distribute your assets first to your surviving spouse (if any), and then to your descendants and other biological relatives.
The law does not recognize unmarried partners or friends, regardless of how long you have been together or how close the relationship is. Your assets could go to a distant relative you have not seen in 20 years instead of the partner who shares your life.
Using a will to protect your chosen family
A last will and testament is a powerful document that allows you to override the default intestacy laws. In your will, you can name any person or organization you wish as a beneficiary.
This is your opportunity to formally name members of your chosen family and designate what assets you want them to receive. You can also name a personal representative (executor) who you trust to carry out your wishes, rather than leaving the court to appoint a relative.
Protect yourself during your lifetime
An estate plan is not just about what happens after you pass. It also protects you if you become incapacitated and cannot make decisions for yourself. Without legal directives, nominating an agent, a court follows a statutory priority list to appoint a guardian, which often defaults to a biological family member.
- Medical Power of Attorney: This document lets you name a trusted agent (like your partner) to make health care decisions on your behalf.
- Financial Power of Attorney: This grants an agent the authority to manage your finances, pay bills, and handle property if you cannot.
These documents are critical for ensuring the people who know you best are the ones making decisions in an emergency.
Making your chosen family’s estate plan secure
Simply writing down your wishes is not enough. Disinherited biological relatives may try to contest your will, claiming it is invalid or that you were pressured. A generic online form may not have the specific language needed to withstand a legal challenge in Colorado.
Your estate plan must be drafted and executed correctly to be legally binding. Consulting with a qualified attorney can help you create a secure plan that clearly states your intentions and is built to protect the people you love.