Planning for your family’s future raises personal questions, and finding clear answers under Colorado law can be complicated. The Law Office of Andrew Bryant works with individuals and families in Denver who want to protect assets, avoid probate, and maintain control over how property passes to loved ones.
Our team works with clients across Denver, from Capitol Hill to Highlands Ranch, building trust-based estate plans grounded in the Colorado Uniform Trust Code and tailored to each family’s specific needs. If you are ready to explore whether a trust belongs in your estate plan, call our team at (719) 634-7353 for a free consultation.
How The Law Office of Andrew Bryant Helps Denver Clients With Trusts
The Law Office of Andrew Bryant has served Colorado families since 2012, handling complex family law and estate-related matters with a hands-on, client-focused approach. Our attorneys bring that same level of preparation and personal attention to trust creation and administration for clients across the Denver metro area.
Andrew Bryant graduated from The George Washington University and the University of Kentucky College of Law. He is a member of the Colorado Bar Association and the El Paso County Bar Association. Before opening his own practice, he worked as a Deputy District Attorney in El Paso County, giving him firsthand courtroom experience that carries over into every case the firm handles today.
Recognition and Client Trust
His firm holds an A+ rating from the Better Business Bureau, carries the Martindale-Hubbell AV Preeminent rating, and has been named to The Gazette’s Best of the Springs list six of the last eight years. With over 100 Google reviews and a 4.7-star rating, our reputation reflects the families we have helped across Denver, Colorado Springs, Greenwood Village, and the wider Front Range.
What Our Team Does for Trusts Clients
Every client’s financial picture and family structure look different, and cookie-cutter documents rarely hold up when circumstances change. Our attorneys meet with you one-on-one to map out your goals before recommending a trust structure. Here is what that process typically involves:
- Evaluating your assets, debts, and beneficiary goals to determine the right type of trust for your situation
- Drafting and executing trust documents that comply with the Colorado Uniform Trust Code (C.R.S. § 15-5-101 et seq.)
- Coordinating your trust with your will, powers of attorney, and beneficiary designations so no asset is left unaccounted for
- Advising on how to properly fund the trust by retitling real property, bank accounts, investment accounts, and other assets into the trust’s name
- Reviewing and updating existing trusts after major life changes such as marriage, divorce, the birth of a child, or a significant shift in your financial picture
A trust that sits unfunded in a filing cabinet protects no one. The real value comes from working with an attorney who follows through on every step and checks back in when your life changes.
What Types of Trusts Do Denver Families Use?
Colorado law recognizes a range of trust structures, and each one serves a different purpose. The right fit depends on your financial goals, your family situation, and the level of control you want to maintain over your assets both now and after your death.
Revocable Living Trusts
A revocable living trust is the most common type used in Denver estate planning. You create it during your lifetime, transfer assets into it, and retain full control as the trustee. You may change the terms, add or remove property, or dissolve the trust entirely at any point.
When you pass away, the successor trustee you named distributes the assets to your beneficiaries without going through the Denver Probate Court or any other Colorado court. For families with property in multiple counties or states, this feature alone may save months of legal proceedings and thousands of dollars in court and attorney fees.
Irrevocable Trusts
Once you fund an irrevocable trust, you give up ownership and control of those assets. That trade-off comes with potential benefits.
Because the assets no longer belong to you personally, they may receive a degree of protection from creditors, lawsuits, and certain taxes, though the extent of that protection depends on the specific trust structure, Colorado law, and applicable federal regulations.
Families in Denver with larger estates, professional liability exposure, or long-term care planning needs often explore irrevocable trusts as part of a broader strategy. These trusts require careful drafting because mistakes are difficult to correct after the trust is funded.
Other Trust Structures Used in Colorado
Depending on your circumstances, other types of trusts may also apply. A few examples that estate planning attorneys in the Denver area commonly work with:
- Special needs trusts, which provide for a beneficiary with a disability without affecting their eligibility for programs like Medicaid or Supplemental Security Income
- Testamentary trusts, which are created through a will and only take effect after the testator’s death
- Charitable trusts, which direct assets to a nonprofit organization while potentially providing income tax or estate tax advantages to the grantor
- Spendthrift trusts, which restrict a beneficiary’s ability to access the full principal, adding a layer of protection from creditors or impulsive spending
Choosing the wrong type of trust may expose your estate to risks you intended to avoid. A trusts attorney in Denver helps you match the structure to the specific goal you are trying to accomplish.
Why Do Denver Families Set Up Trusts?
People come to our office for different reasons, but a few themes come up again and again. Trusts address problems that wills alone do not solve, and they offer flexibility that families throughout the Denver metro, from Park Hill to Littleton, find valuable.
Avoiding Probate in Colorado
Probate is the court-supervised process of distributing a deceased person’s assets. In Denver, the Denver Probate Court handles these cases. It is the only dedicated probate court in the state, and depending on the estate’s complexity, the process may take anywhere from several months to over a year.
Assets held in a properly funded trust bypass that process entirely, reaching beneficiaries faster and with less expense. For families who own real estate in Denver along with property in another state, a trust may also eliminate the need to open a separate probate case in each jurisdiction.
Protecting Assets and Maintaining Privacy
Wills become public record once they enter probate. Trusts do not. For families who value financial privacy, that distinction matters, particularly in a competitive real estate and business environment like Denver’s.
Certain irrevocable trust structures may also offer a measure of asset protection, though the scope of that protection varies based on the type of trust, how it is funded, and both state and federal law. No trust provides absolute immunity from all claims, and anyone considering an irrevocable trust for asset protection purposes needs individualized legal guidance.
Planning for Incapacity
A trust does more than distribute assets after death. If you become incapacitated due to illness or injury, your successor trustee steps in to manage the trust’s assets on your behalf without any court involvement. That continuity protects your finances and your family during a time when a guardianship or conservatorship proceeding might otherwise be necessary.
Without a trust, your family may need to petition the court to appoint a conservator to manage your finances, a process that takes time, costs money, and places decisions in the hands of a judge rather than someone you personally selected.
Each of these benefits depends on how the trust is set up and whether it has been properly funded. Relying on generic documents or skipping the funding step may leave your family facing the very outcomes you tried to prevent.
Ready to find out which trust structure fits your family? Call (719) 634-7353 for a free, no-obligation conversation with our team.
What Mistakes Do People Make When Setting Up a Trust in Denver?
Even well-intentioned plans fall apart when the details are off. Trust-related errors are more common than most people realize, and they tend to surface at the worst possible time, often after the person who created the trust is no longer able to fix them.
Common Trust Setup Errors
A few recurring problems tend to catch Denver families off guard. Being aware of them ahead of time may help you avoid costly corrections later:
- Failing to fund the trust, meaning assets remain in your personal name and still pass through probate despite the trust’s existence
- Naming a trustee who lacks the financial literacy, availability, or willingness to manage the trust responsibly over the long term
- Using online templates that do not account for Colorado-specific provisions under the Uniform Trust Code or recent legislative updates
- Forgetting to update beneficiary designations on retirement accounts, life insurance policies, and bank accounts so they align with the trust
- Neglecting to review and update the trust after major life events like a divorce, a move to Colorado from another state, or the birth of a grandchild
The Cost of Getting It Wrong
A flawed trust does not just fail to protect your family. It may actively create problems. Beneficiaries may face unexpected tax liabilities, disputes may arise between family members over ambiguous terms, and assets you thought were protected might end up in probate anyway.
Working with a Denver trusts attorney reduces the chance that a preventable mistake undermines your entire plan. The upfront investment in proper drafting and funding pays for itself many times over when your family needs the trust to perform as intended.
How Are Trusts and Wills Different in Colorado?
Many people assume a trust replaces a will, but that is not quite right. The two documents work best as partners, each covering ground the other does not.
A will names guardians for minor children. A trust does not. A will catches any assets you did not transfer into the trust during your lifetime through what is known as a pour-over will. A trust, on the other hand, avoids probate, takes effect during your lifetime, and offers greater control over distribution timing and conditions.
When You Might Need Both
Most estate planning lawyers in Denver recommend pairing a revocable living trust with a pour-over will. The trust handles the bulk of your assets and avoids court involvement, while the will acts as a safety net for anything left outside the trust. It also handles the guardian designation for any minor children, which only a will provides under Colorado law.
Together, they create a more complete framework than either document provides on its own. For families in the Denver area with children, real estate, retirement accounts, or business interests, this combination addresses the widest range of scenarios.
FAQ for Denver Trusts Attorney
How much does it cost to set up a trust in Denver?
The cost depends on the type of trust, the complexity of your estate, and how many assets need to be retitled. A basic revocable living trust for an individual generally costs more than a simple will but may save your family significant probate-related expenses later. The Law Office of Andrew Bryant offers a free consultation to outline what your situation requires and give you a clear sense of the investment involved.
Do I still need a will if I have a trust?
Yes, in most cases. A pour-over will captures any assets you did not transfer into the trust during your lifetime and directs them into the trust after your death. It also names guardians for minor children, which a trust does not do. Without a will alongside your trust, gaps in your plan may create complications for your family.
What is the difference between a revocable and irrevocable trust?
A revocable trust lets you change or cancel the trust at any time during your lifetime. An irrevocable trust removes assets from your personal ownership, which may offer a degree of protection from creditors and certain tax benefits depending on the structure. The trade-off is that you give up direct control over those assets once the trust is funded.
Does a trust avoid probate in Colorado?
Assets held inside a properly funded trust do not go through probate. However, any assets left outside the trust at the time of death must still pass through the probate process. Making sure every relevant asset is titled in the trust’s name is one of the most important parts of making the plan work as intended.
How long does it take to set up a trust in Denver?
The timeline varies depending on the complexity of your estate and how quickly you gather the necessary financial documents. A straightforward revocable living trust may take a few weeks from the initial consultation to final execution, including the time needed to retitle real property, bank accounts, and investment holdings.
Do I need to update my trust after a major life change?
Yes. Marriage, divorce, the birth of a child, a significant change in your finances, or a move to or from Colorado may all affect how your trust operates. Reviewing your trust with an attorney after any of these events helps confirm that it still reflects your goals and complies with current Colorado law.
Talk to a Denver Trusts Attorney and Start Building Your Plan
The plans you put in place today shape what your family faces tomorrow. A trust built on a solid legal foundation gives your loved ones clarity, privacy, and faster access to the assets you set aside for them, without the delays and public exposure of probate.
The Law Office of Andrew Bryant has spent over a decade helping families across Denver, Colorado Springs, Greenwood Village, and the entire Front Range put together estate plans that perform when they matter most.
Whether you need a new trust, a review of an existing one, or guidance on how trusts and wills work together under Colorado law, our team is here to help. Call (719) 634-7353 today for a free consultation.