Michael D. Holder

For most people probate of the estate of a friend or family member is a simple task, if they are provided with clear and uncomplicated advice.  Colorado has adopted the Uniform Probate Act, which is intended to make probating an estate an administrative rather than a controlled judicial procedure.  In order to accomplish that purpose, certain simple but important requirements are imposed on personal representatives (executors).  While one can get through a simple probate proceeding alone or with an attorney who does not ordinarily handle probate matters, experience has proven that the assistance of a probate lawyer makes the process quicker and less expensive.  It reduces the "hassle" of handling all of those matters which one has never considered and the complaints of one's siblings or other heirs.  At this office we are equipped to help you get quickly, efficiently, and inexpensively through the probate proceeding, while doing everything possible to avoid family discord.

Sometimes it becomes necessary to stand up for what one believes is what another person wanted.  Whether it is a claim against an estate on a claimed contract, or that someone is improperly wasting an estate, that there was a common law marriage or unknown divorce, or that a will is invalid because of some fraud or overreaching, a key player is not present.  Either the person has died or become incapacitated and cannot tell his or her side of the story.  Probate court rules are written with this problem in mind, and the conduct of litigation within that scenario requires technical and specialized expertise.  That expertise is available with this firm.

Planning one's estate is more than just deciding who will get your property when you have passed on.  It is an analysis of what you have accumulated, how much of it will pass to your successors tax free, and what you believe is in their best interests.  Often it can be said that placing large amounts of cash in the hands of the young or inexperienced can work to their harm.  Sometimes providing first for education and paying out benefits a period of time may be best.  Sometimes, holding money or property in trust to protect it from a beneficiary's creditors is called for.  Other times, having too much money can place beneficiaries in a position where they cannot afford things they need, but still cannot qualify for government assistance.  When one is planning his or her or their estate, it is also natural to address end of life decision making, or decision making in the event of a disabling disease.  Experienced legal counsel can help guide you through that analysis and decision making process.  Asking the hard questions is key to such an endeavor.  This firm is familiar with such issues and is good at asking the hard questions, then writing down clearly your decisions.

Much is said these days about the relative merits of trusts and estates.  Much of the information "on the street" is really not too good.  There is no cut and dried answer for everyone, and there many fears raised in the media that are not really based in truth.  Here you will find a thorough understanding of the workings of wills and trusts, together with the benefits and shortcomings of each as applied to your own circumstance.  You will also find the expertise necessary to unravel overly complicated estate planning documents to arrive at the original intent of the person who signed them.

Often a person will die owning real estate located in another state.  Since the person's home state cannot pass a law or rule on who now owns that property, a new estate proceeding must be started where the real estate is located.  The laws between the various states is not at all consistent.  Mike Holder has worked, through the Colorado Bar Association, as former chair of the Colorado Probate Rules and Forms Committee of the Trust and Estates Section to make Colorado laws more simple and inexpensive.  Recent developments in the law of real estate in Colorado have renewed Mike's interest and actions in this area.

Estate plans and wills often deal with a person's business holdings, whether they be interests in partnerships, corporations, LLC's, or outright ownership of a company, a knowledge of business, its workings, and commercial law is crucial to efficient administration of one's trust or estate.  This is true whether the business will continue to be run by family members or trusted employees, sold on the open market or shut down.  This firm's extensive background in commercial law and in commercial litigation adds value to its services in the probate arena.

Sometimes one is called upon to help another, often a family member, when that person can no longer manage his or her own affairs.  Whether the one needing help has much or has little, experienced legal assistance is required to get through the process of obtaining the legal right to help.  As with Conservatorships, when one is required to step in and help a loved one or another who needs a guardian, experienced legal assistance with an understanding of the procedures and their underlying principles is important to manage a smooth and effective transition of decision making.  That experienced assistance is available here. 

The formation of business entities like partnerships and what to do with them in the event of a partner's death or incapacity are some of the more important decisions that one or more people can make in conducting business.  Our firm has a thorough understanding of the beginning, continuance, and dissolution of partnerships and other business entities.  We can help you with your choice of entity, prepare its documents, help to maintain it, prepare buy-sell agreements, and provide for its disposition upon your retirement or death.

Nearly every estate has some dealing with real estate.  Joint tenancy is usually a good thing for a married couple when one of them dies, but then what about after then.  Should the house be sold and the proceeds split between the children?  What if one child has died leaving grandchildren?  What about their share?  What should happen to one's half interest in business property where a partner owns the other half?  These are typical questions concerning just the real estate that a person or couple may own.  With this law firm you will find the experience to give you the options necessary for you to make good decisions.  You will also find the expertise necessary to unravel mistakes made by prior owners or co-owners.

While the government tells us that estate taxation will soon be gone, there is reason to doubt such words.  As things now stand it is only the genuinely wealthy who will suffer from estate taxation.  It is even more important that their attorneys have a good working knowledge of the law in that area.  That familiarity is available here.

Estate tax liabilities are decreasing and Congress seems to promise that those taxes will disappear entirely.  Whether or not we see the end of estate taxation, other taxes will come into play because we provision must still be made for the public welfare.  Currently, the tax code provides for increased capital taxation to take the place of estate taxes.  The philosophy of Congress is that if a taxpayer provides for local charities then the government does not need to provide for the same benefits.  Charitable giving can avoid taxation and produce a benefit for the taxpayer's own neighborhood or wherever the taxpayer decides.  Charitable Tax Planning can provide specifically desired benefits while cutting out government inefficiency in providing public benefit.