
Frequently Asked Questions
Welcome to the Evergreen Law knowledge base. Founded by attorney Lucas Green, Evergreen Law provides local estate planning and business planning services throughout Colorado Springs, El Paso County, and the Pikes Peak region.
Below are answers to the most common questions about protecting your family, securing your assets, and navigating Colorado law.
01.
Where is Evergreen Law located, and what areas do you serve?
Evergreen Law is located in Colorado Springs, Colorado. We serve individuals, families, and small business owners throughout El Paso County and the surrounding Pikes Peak region, including Monument, Falcon, Fountain, Woodland Park, and Divide.
02.
Why is the firm named Evergreen Law?
Evergreen Law is named to embody the enduring and resilient nature of the estate planning services we offer. The name reflects Lucas' last name, Green, and symbolizes the firm’s commitment to creating estate plans that withstand all of life’s seasons, much like an evergreen tree in the Colorado mountains.
03.
How much does an estate plan cost in Colorado Springs?
The cost of an estate plan varies depending on the specific needs of each client and your locality. In Colorado Springs, a married couple will likely pay around $5,000+ for a comprehensive Trust-based plan. For a comprehensive Will-based plan, it's not uncommon to see fees start around $4,000 for a couple.
Evergreen Law is committed to clear communication and tailored estate planning solutions that fit each client’s unique circumstances. Review our estimated pricing for Evergreen Law clients here.
04.
What is included in an estate plan?
A comprehensive Colorado estate plan is a collection of legal documents designed to protect your wealth, direct your medical care, and preserve your family legacy. To ensure full protection, every plan must address three core pillars:
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Distribution (Will or Trust): Ensures your home, money, and belongings bypass unnecessary court red tape and go exactly where you want.
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Incapacity (Medical & Financial Powers of Attorney): Grants a trusted person legal authority to manage your bank accounts and healthcare decisions if an accident leaves you unable to communicate.
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End-of-Life (Living Will or Advance Directive): Outlines your exact wishes regarding life support so your family doesn't face agonizing choices under pressure.
Addressing each one of these areas ensures you're protected now and leaving a lasting legacy for your family here in Colorado.
05.
What is probate in Colorado?
Probate is a court-supervised legal process used to validate a deceased person's will, inventory assets, clear debts, and distribute property to legal heirs. In El Paso County, formal probate typically takes 6 to 12 months. You can avoid this timely, public process entirely by utilizing Revocable Living Trusts, Beneficiary Deeds, and direct account beneficiary designations.
06.
Who needs a Revocable Living Trust?
Think Trusts are only for the "rich and famous?" Think again. While a Will is a great start, by itself it doesn’t avoid probate in Colorado. If your life is a little more "complicated" than a single bank account, it’s time to talk about a Trust.
You might need a Trust if the following apply:
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Minor Children: If you pass away, you can ensure your kids’ inheritance is managed by someone you trust without triggering a costly conservatorship for your kids.
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Out-of-State Property: Own a cabin in another state? Without a Trust, your family might have to go through probate in every state where you own property.
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Desire Flexible Distributions: You can set "milestones" for your heirs (like graduating college or reaching age 30) instead of giving them everything in one lump sum.
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Selling Property in Estate Plan: A Trustee can sell your real estate immediately, avoiding the months-long "freeze" that happens in probate court when you use a Will.
07.
Do I lose control of my assets if I put them into a Revocable Living Trust?
No, you maintain total control. In a typical Revocable Living Trust, you serve as the Grantor (creator), Trustee (manager), and Beneficiary. You can sell real estate, spend savings, close accounts, or amend or cancel the trust at any time while you have capacity.
08.
Does a Will avoid probate in Colorado?
No. A Will must be filed with the probate court where the decedent resided to be validated. While a Will provides direction to the court, it does not bypass the time, public record, or administrative costs associated with probate. However, tactics like the use of a beneficiary deed and beneficiary designations on your financial accounts can help avoid probate when paired with a Will-based plan.
09.
Does a Trust avoid probate in Colorado?
Yes, establishing a Trust can help your family avoid the probate process. Unlike a Will, which typically requires probate, a properly funded Revocable Living Trust provides a smoother transition of your estate, minimizes delays, and alleviates the administrative burden on your family during a difficult time.
10.
Is estate planning only for the wealthy?
No, estate planning is not exclusively for the wealthy. At Evergreen Law, estate planning is equally about ensuring your medical decisions are respected and appointing guardianship for your dependents as it is about managing financial assets. Regardless of your net worth, having a comprehensive estate plan helps protect your wishes regarding healthcare, personal care, and the future well-being of your loved ones.
