Frequently Asked Questions
About Estate Planning in Castle Rock

Castle Rock FAQs

What does an estate planning attorney in Castle Rock, Colorado do?

An estate planning attorney at Mason Law and Planning Group helps Castle Rock individuals and families create legally sound plans to protect assets, plan for incapacity, and ensure wishes are carried out under Colorado law. This includes wills, trusts, powers of attorney, and healthcare directives tailored to Douglas County residents.

Yes. Estate planning is not only about wealth. A Colorado estate plan ensures your wishes are honored, names guardians for minor children, and appoints trusted decision-makers if you become incapacitated—avoiding unnecessary court involvement.

If you die without a will, Colorado intestacy laws determine who inherits your estate. The process is handled through the Douglas County probate court and may not reflect your personal or family intentions.

A will distributes assets through probate after death. A living trust allows assets to pass outside probate and provides continuity during incapacity. Many Colorado families choose trusts to reduce delays, costs, and court oversight.

Many Castle Rock homeowners use living trusts to avoid probate for real estate. When properly funded, a trust allows property to transfer to beneficiaries without going through Douglas County probate court.

Yes. Living trusts are fully recognized and governed by Colorado law and are widely used for probate avoidance, incapacity planning, and long-term asset management.

No. A will must be submitted to probate in Colorado. While some estates qualify for simplified procedures, a will alone does not avoid probate.

Neither option is universally better. A will may be sufficient for simple estates, while a living trust offers greater control, privacy, and flexibility. The right choice depends on your goals, assets, and family situation.

Probate is the court-supervised process of settling an estate after death. In Colorado, probate typically takes six to twelve months, depending on complexity and whether disputes arise in Douglas County.

Yes. Probate can often be avoided through living trusts, beneficiary designations, and proper asset titling. Many Castle Rock families plan ahead to reduce costs and delays for loved ones.

Probate costs vary and may include court fees, attorney fees, and administrative expenses. These costs are paid from the estate and can often be minimized with proactive estate planning.

Generally, no. Assets properly titled in a living trust avoid probate. Any assets left outside the trust may still require probate through Douglas County court.

Guardians for minor children are named in a will. This allows parents to clearly document who should care for their children if both parents pass away, subject to court approval.

Without an estate plan, a Colorado court appoints a guardian for your children. This can cause delays and may result in decisions that do not reflect your preferences.

A Colorado medical power of attorney allows you to appoint someone to make healthcare decisions if you cannot. It ensures medical providers know who has legal authority to act on your behalf.

A living will outlines your wishes regarding life-sustaining treatment and provides guidance to loved ones and healthcare providers during end-of-life decisions.

If you have a medical power of attorney, your chosen agent makes decisions. Without one, Colorado law determines who may act, which can cause delays or disputes.

Estate plans should be reviewed after major life events such as marriage, divorce, a new child, purchasing property in Castle Rock, or changes in Colorado law. At Mason Law and Planning Group we have a process for reviewing and updating estate plans annually.