Advantages to Utilizing a Revocable Trust in Your Estate Plan

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Aug 25, 2017

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A critical piece in ones estate plan is the disposition of assets upon death.
This can be done through a last will and testament or a revocable trust, which is referred to as a will substitute. When a revocable trust is utilized, it is the governing instrument as to where assets go, and it does have some advantages over a will.

A revocable trust provides more privacy than a will. When someone dies, his or her will is lodged with the court and becomes public record. A trust does not become public record, and there is no need to show any public parties or entities the dispositive provisions of the trust. This protects the privacy of the creator of the trust and the beneficiaries.

Furthermore, a trust is a good vehicle to manage assets in the event of incapacity. While a will does not come into effect until death, a trust is in force as soon as it is signed. If the trust is properly funded, meaning that the persons assets are transferred into the name of the trust, then the successor trustee can easily step in if the creator of the trust (also known as the settlor or grantor) becomes incapacitated and can manage the trust assets and make distributions for the benefit of the settlor. It is also typically easier, faster, and cheaper for the successor trustee to administer the trust upon the death of the settlor, rather than going through the probate process to administer an estate.

It is especially beneficial to use a revocable trust when you have out-of-state property. This is because, typically, one must go through the court process of probate to administer your estate in any state where you own real property in your name individually. Therefore, if you have real property in two states other than Colorado, your loved ones could be forced to open probate in three states, resulting in greater costs and a much longer process. If the real properties are transferred to a revocable trust, then this is avoided.

While there are advantages to using a revocable trust, it may not be the best estate planning tool for everyone. It is important to consult an estate planning attorney in order to determine what is best for you.

Editors Note: This article was submitted by Sara E. (Jones) Bucar. Sara is a member of the Boulder County Bar Association, the Denver Bar Association, and the Colorado Bar Association. Sara E. (Jones) Bucar is with Vincent, Romeo & Rodriguez, an established law firm with offices in Englewood and Louisville. She may be reached at 303-604-6030 or by email at [email protected].

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Estate Planning Keeps Changing. Heres What Families Need to Know

Most families do not need to follow every new court decision, Medicaid rule, tax election, or change to federal retirement law. That is our job. What families do need to know is when one of those changes could affect a decision they are making right now. After reviewing materials from the 2026 Elder Law Institute and additional training on post-death tax and estate planning, our team identified several developments that deserve attention. Some affect people planning for a loved one with special needs. Others may matter to families navigating Medicaid, administering an estate, or ensuring an existing estate plan still works as intended. Here are five groups of people who should be paying particular attention. 1. If You Have a Loved One With a DisabilityOne of the biggest developments involves ABLE accounts. Beginning in 2026, eligibility expands so that an individuals disability must have begun before age 46 rather than before age 26. That may sound like a small change, but it could open the door for individuals and families who previously did not qualify. ABLE accounts can be an important part of special needs planning because they may allow an individual with a disability to save and use money for qualified expenses while preserving access to certain public benefits. For families who were previously told that an ABLE account was not an option because of the individuals age when the disability began, it may be time to revisit that conversation. The important question is not simply, Can we open an ABLE account now? It is, How should an ABLE account fit into the rest of our planning? That may include a Special Needs Trust, beneficiary designations, public benefits, housing assistance, family support, and the long-term financial needs of the person you love. 2. If a Retirement Account Will Eventually Benefit Someone With Special NeedsThis is an area where families can have excellent intentions and still create an unintended problem. You may have spent years carefully creating a Special Needs Trust to protect a child or loved one with a disability. But then there is the IRA. Or the 401(k). Or another retirement account with its own beneficiary designation. Those beneficiary forms matter. Retirement accounts are governed by their beneficiary designations, and coordinating those designations with a Special Needs Trust can involve additional rules involving inherited retirement accounts. That means creating the trust is only part of the job. The beneficiary designation needs to work with the trust and with the rest of the estate plan. This is one reason we place so much emphasis on follow-through. 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But moving too quickly can sometimes eliminate options that should have been considered first. There may be decisions involving inherited retirement accounts, tax elections, disclaimers, portability between spouses, cost basis, business interests, trusts, and other assets. Some of those decisions have deadlines. Others can be affected by whether an asset has already been distributed or accepted by a beneficiary. That is why we believe one of the most important parts of probate and trust administration happens before significant distributions are made. A family may be asking, How quickly can we get this money distributed? Our first question may need to be, Is there anything we should review before we do that? Estate planning does not necessarily end when someone dies. In some situations, there are still important planning decisions available to the family afterward. 5. If You Are Serving as an Executor or TrusteeBeing named executor or trustee can feel like an honor. Then the work begins. Suddenly you are responsible for property that is not yours, money that belongs to an estate or trust, deadlines you may never have heard of, beneficiaries who want answers, and legal duties that can create personal consequences if handled incorrectly. Executors and trustees may need to address issues involving distributions, taxes, creditors, conflicts of interest, business interests, retirement accounts, notices to interested parties, and the eventual closing of the estate or trust. And one of the biggest mistakes a fiduciary can make is assuming that every reasonable-looking decision is automatically a legally appropriate one. You do not have to become an estate administration expert overnight. You do need to understand your role before making major decisions. That is especially important before distributing money, selling property, transferring business interests, or taking actions that may be difficult to reverse. You Do Not Have to Keep Track of Every ChangeEstate planning and elder law continue to evolve. Some developments require immediate action. Others deserve a closer look. Still others simply need to be monitored until the law becomes clearer. Our responsibility is to know the difference. When our team attends continuing education programs or reviews new developments, we do not want that information sitting in a binder on a shelf. We ask a much more practical question: Does this change anything we should be doing for the families we serve? Sometimes the answer means updating a checklist. Sometimes it means reviewing a beneficiary designation. Sometimes it means slowing down before an estate distribution. And sometimes it means reaching out to a family because an option that did not exist for them several years ago may be available today. 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Would Your Estate Plan Hold Up in a Crisis?

Most people think of estate planning as something that matters after death. You sign a will, create a trust, name the people you want to make decisions, and hopefully walk away feeling like you have taken care of your family. But one of the things I have learned over the years is that the true test of an estate plan often comes much sooner. What happens if you are suddenly hospitalized and cannot manage your finances? What if your spouse or adult child needs to speak with doctors on your behalf? What if your trustee knows they are supposed to help, but has no idea where your important information is located? These are not situations any of us enjoy imagining, but they are exactly why good estate planning matters. At Bellomo & Associates, we believe estate planning is about much more than preparing for what happens someday. It is about giving the people you love clarity, confidence, and direction when life does not go according to plan. A Strong Estate Plan Plans for Incapacity, Not Just DeathOne of the biggest misconceptions about estate planning is that it is primarily about what happens after someone dies. In reality, some of the most stressful situations families face happen while someone is still very much alive. A stroke, serious accident, dementia diagnosis, or unexpected illness can quickly leave a family wondering who is allowed to pay bills, manage property, speak with financial institutions, communicate with doctors, or make healthcare decisions. And this is where we often see families surprised. Being someones spouse, son, daughter, or sibling does not necessarily give you automatic legal authority to step in and handle everything. Imagine a daughter whose mother has suffered a serious stroke. She knows her mom incredibly well. She knows what bills need to be paid. She knows where she banks. She knows what her mother would probably want. But knowing what needs to happen and having the legal authority to make it happen are two very different things. A properly prepared durable power of attorney and appropriate healthcare documents can help close that gap. They allow the people you trust to step in when needed, rather than forcing your family to figure everything out during an already frightening time. That is what good planning is meant to do. Choosing the Right People MattersEstate planning documents are only as effective as the people chosen to carry them out. Depending on your plan, you may need to select someone to serve as your financial agent, healthcare decision-maker, executor, trustee, successor trustee, or guardian for minor children. Most people begin with a simple question: Who do I trust the most? That absolutely matters. But I often encourage families to go one step further and ask, Who could realistically handle this responsibility during a difficult time? The person you love the most may not always be the person who is best equipped to manage finances, communicate with family members, work with attorneys and accountants, keep records, or make difficult decisions under pressure. You want people who care about you, but you also want people who can carry out the job. It is equally important to name backup decision-makers. Life changes. Someone willing and able to serve today may not be able to do so years from now. A strong estate plan thinks through those possibilities before they become a crisis. Give Your Decision-Makers the Information They NeedNaming someone in a legal document is an important first step, but it should not be the last one. Imagine learning that one of your parents is hospitalized and you are now responsible for helping manage their affairs. You know you are the person they selected. The problem is, you do not know where they bank. You cannot find the insurance information. You are not sure where the original estate planning documents are located. You do not even know which attorney helped prepare them. That creates unnecessary stress at the exact moment your family needs less of it. The people you select do not necessarily need every password and account number today. But they should know where important information can be found, who they should contact, and what responsibilities they may someday be asked to handle. A legal document gives someone authority. Organization gives them a roadmap. Your family deserves both. Healthcare Planning Requires More Than PaperworkHealthcare directives are an important part of any estate plan, but there is something else that can make those documents much more powerful: a conversation. The person you select to make healthcare decisions may someday be asked to make choices under incredibly emotional circumstances. Think about the weight of that responsibility. If you have never discussed your wishes, your loved one may be left wondering, What would Mom want? or Am I making the right decision for Dad? Talking about your values ahead of time can give them tremendous peace of mind. What does quality of life mean to you? Are there circumstances or treatments you feel strongly about? Who would you want involved in important medical conversations? Are there personal, religious, or family values you want considered? The legal document may give someone permission to make a decision. The conversation helps them understand the decision you would have wanted. Make Sure Your Trust Is Actually Connected to Your AssetsCreating a trust can be an important part of an estate plan, but signing the document does not always mean the work is finished. Depending on your plan, assets may need to be retitled, assigned, or otherwise coordinated with the trust. This is an area where families can run into trouble years later. A couple creates a trust and leaves the attorneys office feeling relieved. Then life keeps moving. They buy another property. They open a new investment account. They change banks. Years later, something happens, and their family discovers that some of those assets were never properly connected to the trust. Documents alone do not move assets. Follow-through matters. That is why trust funding and ongoing asset coordination should be viewed as part of the estate planning process, not an afterthought. Review Your Beneficiary DesignationsBeneficiary designations are another area that families sometimes overlook. Retirement accounts, life insurance policies, annuities, and certain financial accounts may pass directly to the beneficiary named on the account. That means the beneficiary form can sometimes control where an asset goes, even if your will or trust says something different. Imagine someone who divorces, remarries, and carefully updates an estate plan to reflect a new chapter of life. Everything looks right. But one old retirement account still lists an outdated beneficiary. That one piece of paper can create a result nobody intended. A strong estate plan should look at the whole picture, including wills, trusts, beneficiary designations, account ownership, insurance policies, and real estate. Ideally, every part of the plan should tell the same story. Special Family Circumstances Require More ThoughtFamilies are wonderfully unique, and estate plans should reflect that. Blended families, minor children, beneficiaries with disabilities, family businesses, financially vulnerable loved ones, property in multiple states, or complicated family relationships may require additional planning. For example, leaving money directly to a loved one who receives certain means-tested public benefits could create unintended consequences. In situations like these, the question is not simply, Who should inherit? The better question is, What is the best way for this person to receive what I want to leave them? That is a very different conversation. Good estate planning takes the time to understand the people involved, not simply the assets on a spreadsheet. Keep Your Estate Plan Organized and CurrentEven the best estate plan becomes harder to use if nobody can find it. Your family should not have to become detectives while grieving, sitting in a hospital, or trying to manage an emergency. Important documents, financial information, insurance records, professional contacts, and property information should be organized so the appropriate people can locate them when needed. Your plan should also grow and change with you. Marriage, divorce, births, deaths, moves, retirement, business changes, health concerns, major financial changes, and changing family relationships can all affect your estate plan. A plan can still be legally valid while no longer reflecting the life you are actually living. At Bellomo & Associates, we often remind families that estate planning is not something you finish once and forget about. It is a process of making sure your plan continues to protect the people you love as life changes. Would Your Estate Plan Work Tomorrow?A well-prepared estate plan cannot eliminate every difficult moment. It cannot predict every illness, prevent every disagreement, or guarantee that life will unfold exactly as we hope. What it can do is create clarity. Someone has the authority to act if you become incapacitated. Your healthcare wishes are documented and understood. Your assets work with your plan. Your beneficiary designations reflect your current wishes. The people you selected understand their roles. Your family knows where to turn. And sometimes, that clarity is one of the greatest gifts you can give the people you love. So instead of asking only, Do I have an estate plan? ask yourself a slightly different question: If something unexpected happened tomorrow, would the people I trust know what to do, where to look, and whether they had the authority to act? If you are not completely sure of the answer, that does not mean you have failed. It simply means there may be an opportunity to make your plan stronger today, while you have the time and ability to do it thoughtfully.  

How Families Can Stay Involved Without Being There Every Day

Long-Distance Caregiving in Fort Collins: How Families Can Stay Involved Without Being There Every DayThe phone rings at 7:15 p.m.Everythings fine, Dad says.But you live several hours away, and fine can cover a lot of ground. Did he eat dinner? Did he make it to his appointment? Is the laundry still sitting at the bottom of the stairs? Has he been getting out of the house? Is he really doing well, or is he trying not to worry you?Long-distance caregiving often comes with this uncomfortable mix of love, responsibility, and uncertainty.For families supporting an older adult in Fort Collins from another city or state, non-medical home care can provide something technology cannot: reliable, in-person assistance with everyday life.Almost Family in Fort Collins helps older adults remain at home with practical support tailored to their routines and abilities. For relatives who cannot be physically present every day, that assistance can also create a stronger care network around someone they love.Distance Changes Caregiving, But It Does Not End ItLong-distance caregivers still do a tremendous amount.They schedule appointments. They order groceries. They make phone calls. They research services. They remind parents about important dates and try to judge how things are going through FaceTime or a five-minute conversation.What they cannot easily do is see the little things.A refrigerator that is emptier than usual.A pile of unopened mail.A favorite activity that has quietly stopped.A shower that keeps getting postponed because getting ready feels tiring.These are not necessarily emergencies. Often, they are signs that an older adult could use a little more support with daily routines.That is where non-medical home care in Fort Collins can become part of a family's plan.Start by Separating Care From CrisisFamilies sometimes wait to explore home care because they associate caregiving with advanced illness or round-the-clock supervision.In reality, support can begin much earlier.Almost Family's Fort Collins Seniors Blue Book listing identifies services including companionship, personal assistance, meals, housekeeping, transportation, medication reminders, doctor-visit support, Alzheimer's and dementia care, and assistance with activities of daily living. A parent might not need someone present all day. Instead, the family might need help answering very specific questions: Who can help Mom prepare meals a few times a week? Who can accompany Dad on errands? Who can assist with bathing or dressing when those tasks become difficult? Who can provide companionship when family cannot visit? Who can help maintain a more consistent household routine? Those are everyday needs, not necessarily crises.Addressing them earlier can make caregiving feel more intentional and less reactive.Build a Local Care Circle Around Your Loved OneLong-distance caregiving works better when responsibility does not rest on one person.Think of support as a care circle rather than a single caregiver.Family Still Has an Important RoleLiving elsewhere does not make family involvement less meaningful.Adult children and relatives can continue to: Participate in care-planning conversations Schedule regular phone or video calls Help coordinate appointments Manage appropriate paperwork Arrange grocery or household deliveries Visit when possible Stay connected with the older adult's interests and relationships Professional home care adds another layer. It does not have to replace family participation.Morgan Lindsey is the Director of Almost Family's Fort Collins location, according to the company's leadership page. Her perspective captures why outside assistance can matter: Caregiving shouldnt come at the cost of family relationships. When support is in place, families get to be family again. Morgan Lindsey, Almost Family For a daughter calling from another state, that may mean conversations with Mom can once again include grandchildren, gardening, recipes, and family news instead of becoming a daily checklist of chores.Create a Routine That Answers the Questions You Actually HaveA care schedule should solve real problems.Before deciding how much assistance is needed, write down what worries the family most.Maybe the concern is nutrition.In that case, support around grocery shopping and meal preparation may matter more than morning visits.Maybe Dad has stopped driving.Transportation and accompaniment to errands or appointments may become the priority.Perhaps Mom lives independently but feels lonely several days each week. Regular companionship and shared activities may add structure to the week.Almost Family says its senior home care is personalized around individual and family needs rather than following one standard care plan. The company also notes that weekend and overnight help may be available depending on staffing and scheduling. The point is not to fill every hour.It is to identify which hours matter most.Use Fort Collins Resources Alongside Home CareOne advantage of aging in Fort Collins is that families do not have to build a support system from scratch.The Larimer County Office on Aging serves adults age 60 and older, people living with disabilities, and caregivers. Its services include options counseling, resource navigation, caregiver support, respite resources, and information about help available in the community. For families who live elsewhere, that can be particularly helpful. The Office on Aging can help caregivers understand the broader network of local services available in Larimer County.Fort Collins also has a dedicated Senior Center at 1200 Raintree Drive, offering fitness, arts, travel, outdoor recreation, special events, and social opportunities, with programming particularly focused on adults 50 and older. Home support and community involvement can work together.A senior might receive help getting ready for the day, participate in a local activity, and continue enjoying familiar routines rather than becoming increasingly homebound simply because transportation or daily tasks have become harder.Why This Matters in Northern ColoradoFort Collins had an estimated population of 171,500 in 2025, and about 12.8% of residents were age 65 or older, according to the U.S. Census Bureau. That represents more than 20,000 older residents living in a wide variety of circumstances.Some have children down the street.Others have family in Denver, another state, or farther away.Some are highly independent but need occasional assistance. Others require increasingly hands-on support.Aging services work best when families avoid assuming that every senior needs the same solution.Make Communication Part of the Care PlanFor long-distance families, the practical care schedule is only part of the equation.Communication matters too.When interviewing a non-medical home care provider, ask:Who is the main family contact?Choose one person when possible so communication remains organized.How are changes communicated?Ask what families should expect if routines, needs, or concerns begin changing.How consistent will the caregiver be?Familiarity can make accepting help easier, particularly for someone who values privacy or routine.How can services change over time?A parent who needs six hours of support this month may need a different schedule later.Who should the family contact after hours?Almost Family states that its offices are on call 24/7 and that calls are answered by a live person from the local office. Having these expectations clear from the beginning can reduce confusion for everyone involved.When a Weekly Phone Call Is No Longer EnoughThere is no single moment when long-distance families should arrange help.Instead, pay attention to patterns.It may be worth exploring additional support if: Meals are becoming irregular. Personal care is being postponed. The home is becoming harder to maintain. Transportation is limiting appointments or activities. Your loved one is spending most days alone. One nearby relative is carrying nearly all the responsibility. Phone conversations leave you with more questions than answers. Support can start before independence disappears.In fact, the most useful care plans often build around what the person can still do.About Almost Family in Fort CollinsAlmost Family's Fort Collins office is located at 3307 S College Avenue, Suite 218, Fort Collins, CO 80525, with a listed phone number of 970-225-0916. The company provides senior in-home care focused on daily living assistance, companionship, and maintaining independence. For families living elsewhere, local help can provide something more valuable than simply checking tasks off a list: a dependable presence close to home.Frequently Asked QuestionsCan Almost Family help if I live outside Colorado?The care itself is provided locally in Fort Collins, but an out-of-area relative can still be involved in planning and family communication. Ask the Fort Collins team how they typically coordinate with long-distance family members.Does my parent have to need full-time care?No. Almost Family's Seniors Blue Book listing shows a one-hour minimum per visit, along with options that extend to more substantial care when appropriate. Can caregivers help with appointments and errands around Fort Collins?Transportation and doctor-visit support are included among the services listed for the Fort Collins location. Families should confirm exactly what transportation arrangements are available when creating the care plan. Where can Fort Collins caregivers find additional local resources?The Larimer County Office on Aging offers caregiver consultations, resource navigation, classes, respite information, and other programs for older adults and caregivers. What should we discuss before contacting a home care provider?Start with the difficult parts of your loved one's week. Write down concerns involving meals, hygiene, mobility, transportation, housekeeping, companionship, or family workload. Specific examples make care planning much easier.Stay Close, Even When You Live Far AwayDistance may change how a family provides care, but it does not have to leave an older adult without dependable support.With a thoughtful combination of family involvement, local resources, and non-medical home care, Fort Collins seniors can continue living in familiar surroundings while relatives remain meaningfully involved from wherever they live.For more information about Almost Family's non-medical home care services in Fort Collins and Northern Colorado, visit their Seniors Blue Book listing.