Kristine Evers Stinson

The time to plan for the unexpected and difficult is now. Whether you are married or single, a single parent, parents with minor children, an unmarried committed couple, a grandparent raising a grandchild, or a retired couple, whatever your circumstances, it is best to be prepared for what life may bring. A comprehensive will or trust plan is a fabulous tool to defend yourself and your family against the unexpected and to anticipate “the next steps” in the event of mental incapacity or death.

Not having the right documents in place in the event of mental incapacity, or having a will or trust plan that doesn’t fit your circumstances, may result in aggravated family conflict, financial confusion, avoidable court involvement, and unnecessary delays. Choose a plan that reflects your vision of what you want for you and your family, protects your assets, and preserves family relationships.

Planning for the future starts in the present. People are often overwhelmed by the idea of creating an estate plan; let me help you. This process is designed to identify your assets, clarify your wishes, educate you on your choices, and ultimately provide you with tools and documents to meet your needs for both life and death events.

Creating a clear estate plan is gift to yourself and your family.

Call me to discuss Wills, Trusts, Financial Power of Attorney designations, Medical Power of Attorney designations, Medical Directives, Beneficiary Designations, Funding and more!

• Rates, Retainers and Additional Information
  The legal fees at Stinson Legal, LLC, are flat or fixed fees—one charge for all the involved legal services (education, consultation, legal advice, and document drafting). Specific fees depend entirely on the type of estate plan needed/chosen and its complexity.

Colorado

Colorado Supreme Court

Attorney

Stinson Legal, LLC

2019 - Current

University of Richmond School of Law

J.D. (1992) | Law

1989 - 1992

Honors: Cum Laude

University of Colorado - Boulder

B.A. (1988) | American History

1984 - 1988

Honors: Cum Laude

The Peddie School

High School (1984)

1981 - 1984

Honors: graduated with honors.

Colorado Bar Association

Current

Colorado Bar Association, Trusts and Estates Section

Current

9th Judicial Bar Association

Current

WealthCounsel Member

Current

Colorado State Bar  # 21835

Member

1992 - Current

Q. When my husband dies do our assets need to go through probate?

February 10, 2022

A: As with so many answers about estate planning issues, the answer is "it depends", and how to proceed depends on you and your spouse's wishes. It is very possible to avoid probate or be able to use a much simplified process of probate but it generally depends on what those assets are, how they are owned, and whether there are valid beneficiary designations in place for those assets that permit them. "Joint ownership" can mean "joint tenants with right of survivorship" (JTWOS) or "tenants in common" (TIC). JTWOS titling allows the asset to pass as a matter of law at the passing of the first spouse/owner and avoids probate while TIC likely would not. As one of the first steps of a solid estate plan, you should list all of your assets, determine specifically how they are owned, and determine if there is an option for a designated beneficiary. After you have all of that in front of you, you can analyze each asset and determine how that asset can pass according to your wishes in the most straightforward manner. Be aware that just because both of your names are on a document and you are married does not necessarily mean it is owned JTWOS: make sure! You may consider consulting an estate planning attorney to get a will (or trust) in place because there could be issues for any assets that do not transfer as a matter or law or through a designated beneficiary in the event that your husband passes first; without a will, state law will control how the probate estate is distributed which may not be in the way you or your husband had in mind. There are lots of options for you but the key is doing something about it before someone passes because at that point the statutes take over and your choices are limited. ... Read More