Arvada Estate Planning Lawyers Highlight Common Planning Mistakes That Could Lead to Unexpected Costs

Colorado Estate Planning Law Center urges families to review wills, trusts, and beneficiary designations after 2026 federal estate tax changes.

ARVADA, CO, UNITED STATES, October 13, 2026 /EINPresswire.com/ — Colorado Estate Planning Law Center is encouraging Colorado families to review their wills, trusts, and beneficiary designations, particularly if their estate plans have not been updated in several years. Outdated documents, improperly funded trusts, and missing incapacity planning provisions can create unnecessary expenses, delays, and complications for loved ones.

The Arvada-based law firm, which traces its estate planning practice to the mid-1990s, is highlighting these concerns as families assess whether changes to federal estate tax rules in 2026 may affect their existing plans.

Attorney Karen Brady explains that estate planning problems often arise not because families failed to prepare documents, but because their circumstances or the applicable laws changed after the documents were signed.

Why the Firm Is Raising the Issue Now

Under federal tax legislation enacted in 2025, the federal estate and gift tax exemption increased to $15 million per individual in 2026.

Some estate plans were created when the exemption was substantially lower or when a reduction was anticipated. Trust provisions or formulas tied to the federal exemption may therefore warrant review to determine whether they still reflect the family’s intentions.

Colorado does not impose a separate state estate or inheritance tax, but federal estate tax rules may still affect certain families.

Married couples should also consider portability, which allows a surviving spouse to use a deceased spouse’s unused federal estate tax exemption when the applicable requirements are satisfied.

Generally, the deceased spouse’s estate must file IRS Form 706 and make the portability election, even when no federal estate tax is owed. Certain late-election procedures may be available for qualifying estates.

Where Estate Planning Costs Can Arise

According to Colorado Estate Planning Law Center, several common planning oversights can result in expenses or legal proceedings that more comprehensive planning might have helped avoid.

Unfunded Revocable Living Trusts

A revocable living trust can help families avoid probate for assets properly transferred into the trust. However, establishing the trust alone does not automatically transfer ownership of property.

If a home, bank account, or other asset was not appropriately titled or otherwise addressed in the estate plan, probate proceedings may still be necessary.

Outdated Beneficiary Designations

Retirement accounts, life insurance policies, and other assets with beneficiary designations generally pass according to those designations rather than instructions in a will.

Outdated forms naming a former spouse, deceased relative, or another unintended beneficiary may result in complications or distributions that no longer reflect the account owner’s wishes.

Missing Incapacity Planning Documents

Without appropriate financial and medical powers of attorney, family members may need to seek court-appointed guardianship or conservatorship to manage certain financial or health care decisions when a loved one becomes incapacitated.

These proceedings can involve legal expenses, delays, and ongoing court oversight.

Special Needs Planning Considerations

For families supporting a loved one with a disability, an outright inheritance may affect eligibility for needs-based government benefits, including Medicaid or Supplemental Security Income.

Attorney Kathryn Kaeble brings experience in elder law and special needs planning, helping families evaluate supplemental needs trusts and other strategies intended to provide financial support while preserving eligibility for applicable benefits.

Experience From Both Planning and Estate Administration

Colorado Estate Planning Law Center also draws on its probate and trust administration experience when advising families about potential planning concerns.

In 2026, attorney Caroline Poole joined the firm to lead its Probate and Trust Administration Department.

This combination of estate planning and administration services allows the firm to address both the preparation of estate planning documents and the practical considerations involved in carrying out those plans.

By reviewing existing documents, beneficiary designations, asset ownership, and incapacity provisions, families may be able to identify gaps before they lead to unnecessary complications.

About Colorado Estate Planning Law Center

Colorado Estate Planning Law Center is an Arvada, Colorado law firm serving individuals, families, and business owners throughout the Front Range.
Attorney Karen L. Brady founded her original legal practice in 1990 and focused on estate planning by 1995. Brady and attorney Kathryn Kaeble formally established Colorado Estate Planning Law Center in 2023.

The firm provides legal services involving estate planning, wills and trusts, business planning, asset protection, probate and trust administration, and tax planning strategies.

Attorney Karen Brady
Colorado Estate Planning Law Center
+ +13034202863
https://coloradoestateplanning.com/contact/

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