Wills and Trusts

Colorado, renowned for its breathtaking landscapes and vibrant communities, offers a plethora of activities tailored specifically for seniors. From outdoor adventures to cultural experiences and wellness programs, the state provides numerous opportunities for older adults to stay active, engaged, and healthy. This guide explores some of the best activities for seniors in Colorado, ensuring a fulfilling and enriching lifestyle.1. Outdoor AdventuresHiking and Walking TrailsColorado boasts an extensive network of hiking and walking trails suitable for seniors of all fitness levels. The Garden of the Gods in Colorado Springs, with its stunning red rock formations and easy walking paths, is a popular choice. Similarly, the Boulder Creek Path in Boulder offers a scenic, flat route perfect for a leisurely stroll.For more information, visit the Colorado Trails Explorer website. Bird WatchingWith diverse habitats ranging from grasslands to alpine regions, Colorado is a bird watchers paradise. Seniors can join local bird watching groups or visit hotspots like the Rocky Mountain Arsenal National Wildlife Refuge near Denver, which is home to over 330 species of birds.Learn more at the Colorado Birding Trail website.2. Cultural ExperiencesMuseums and Art GalleriesColorados rich cultural scene is accessible to seniors who enjoy museums and art galleries. The Denver Art Museum, with its senior-friendly programs and exhibitions, is a must-visit. Additionally, the Colorado Springs Pioneers Museum offers insights into the states history with senior discounts available.For upcoming exhibits, check out the Denver Art Museum and Colorado Springs Pioneers Museum websites. Theater and Performing ArtsThe states vibrant performing arts scene includes senior-friendly venues like the Denver Center for the Performing Arts, which hosts Broadway shows, concerts, and more. The Colorado Shakespeare Festival in Boulder is another excellent option for seniors who enjoy live theater.Find more details at the Denver Center for the Performing Arts and Colorado Shakespeare Festival websites.3. Wellness and Fitness ProgramsSenior Fitness ClassesMany community centers and gyms in Colorado offer fitness classes designed specifically for seniors. SilverSneakers, a popular fitness program for older adults, is available in numerous locations across the state. These classes focus on strength, flexibility, and balance, catering to various fitness levels.To find a class near you, visit SilverSneakers.com.Yoga and Tai ChiYoga and Tai Chi are excellent for seniors seeking gentle exercise that enhances flexibility, balance, and mental well-being. Studios like Yoga Pod in Boulder and Tai Chi Colorado Springs provide classes specifically tailored for older adults.Explore more at Yoga Pod Boulder and Tai Chi Colorado Springs websites.4. Social and Recreational ActivitiesSenior CentersSenior centers across Colorado offer a wide range of activities, including games, social events, and educational classes. The Fort Collins Senior Center, for instance, provides everything from art workshops to dance classes, ensuring a lively and engaging environment for seniors.Discover more at the Fort Collins Senior Center website.Volunteering OpportunitiesMany seniors find fulfillment in volunteering, and Colorado has numerous opportunities for those who wish to give back to the community. Organizations like Volunteers of America Colorado and the Denver Botanic Gardens welcome senior volunteers in various capacities.Find volunteering opportunities at Volunteers of America Colorado and Denver Botanic Gardens websites.5. Travel and ExplorationScenic Train RidesFor seniors who prefer a more relaxed way to enjoy Colorados scenery, scenic train rides offer a fantastic option. The Durango & Silverton Narrow Gauge Railroad and the Georgetown Loop Railroad provide unforgettable journeys through the states picturesque landscapes.Book your ride at Durango & Silverton Narrow Gauge Railroad and Georgetown Loop Railroad websites. Hot SpringsColorados hot springs are perfect for seniors seeking relaxation and therapeutic benefits. Locations like Glenwood Hot Springs and Mount Princeton Hot Springs offer serene environments where seniors can unwind and rejuvenate.Plan your visit to Glenwood Hot Springs and Mount Princeton Hot Springs websites.6. Educational ProgramsLifelong LearningSeniors in Colorado have access to numerous lifelong learning opportunities. Universities like Colorado State University and the University of Colorado offer programs and courses specifically designed for older adults, covering a wide range of subjects from history to technology.Explore lifelong learning at Colorado State University and University of Colorado Boulder.LibrariesLibraries in Colorado provide more than just books; they offer various programs and workshops for seniors. The Denver Public Library, for example, hosts book clubs, technology classes, and cultural events tailored to older adults.Visit the Denver Public Library for more information.ConclusionColorados diverse array of activities ensures that seniors can find something to suit their interests and abilities. Whether its exploring the great outdoors, engaging in cultural pursuits, participating in fitness programs, or continuing education, the state offers countless opportunities for seniors to lead an active, fulfilling life. By taking advantage of these resources, older adults in Colorado can enjoy a rich and vibrant lifestyle.

A Last Will & Testament, commonly referred to as a Will, is a legal document that expresses a person's wishes regarding the distribution of their assets and the management of their affairs after their death. It serves as a written record of how an individual wants their property and belongings to be handled, including who should inherit their assets, who should be appointed as guardians for minor children, and any other specific instructions they may have regarding their final wishes when they are gone.  Many people confuse a Will with a Living Will which is a much different document that takes effect while you are alive!  Here in Florida, it generally covers three conditions and states that if you have: a terminal condition; end stage condition; or if you are in a persistent vegetative state, where in the opinion of two doctors, there is not reasonable medical hope of recovery, that you do not want to be kept alive by machines.  Again, a very different purpose than your Last Will & Testament. The main purposes of a Last Will & Testament are:Asset Distribution: A Will allows individuals to specify how their property, such as real estate, investments, bank accounts, personal belongings, and other assets, should be distributed among their beneficiaries or heirs. Without a Will, the distribution of assets typically follows the laws of intestacy, which may not align with the deceased person's preferences.Guardianship designation: If the deceased person has minor children, a Will can designate a guardian who will be responsible for their care and upbringing. This allows parents to have a say in who will be responsible for their children's well-being if they pass away and not leave it solely up to a judge with no input from them.Personal Representative Appointment: A Will typically appoints what is referred to in Florida as a personal Representative.  Other states call the persona and Executor.  This person is responsible for ensuring that the deceased person's wishes, as outlined in the Will, are carried out. The Personal Representative manages the administrative tasks, such as paying outstanding debts, filing tax returns, and distributing assets according to the instructions provided in the Will.Avoiding potential conflicts: This is a big issue, especially in situations where there is a second or third marriage involved and there are children from a prior relationship.  A well-drafted Will can help minimize conflicts among family members or other potential beneficiaries, as it provides clear instructions on asset distribution and removes ambiguity. To be legally valid in Florida, a Will requires certain formalities, such as being in writing, signed by the testator (the person making the Will) and witnessed by two witnesses.  Also it is best to have the testators signature and the witnesses signatures acknowledged by a Notary Public.  This makes the Will a self-proving Will which avoids the necessity of having to find the witnesses when the testator passes.Will ContestsContesting a Last Will & Testament means challenging its validity or certain provisions within it. There are a number of grounds on which a Will can be contested in Florida. Some of the typical reasons for contesting a Will include: Lack of testamentary capacity: This refers to the testator's mental ability to understand the nature and significance of creating a Will. If it can be demonstrated that the testator lacked the necessary mental capacity at the time of creating the Will, it may be deemed invalid. Factors that can affect testamentary capacity include mental illness, senility, or undue influence.Undue influence: If it can be proven that the testator was coerced, manipulated, or unduly influenced by another person when creating the Will, it may be contested. Undue influence typically involves someone exerting pressure on the testator to make decisions against their own wishes or best interests.  It is often a caregiver who cuts off outsiders from contact with the testator.  It can be a child, a spouse, a home health aid of trusted advisor.Fraud or forgery: If there is evidence to suggest that the Will was forged or that fraud was involved in its creation, it can be contested. This may include situations where someone impersonates the testator, forges their signature, or makes fraudulent changes to the Will.Improper execution: Wills must generally meet certain formalities to be considered valid. If the Will was not properly executed according to the legal requirements of the jurisdiction, such as lack of witnesses or failure to sign the document correctly, it can be contested.  This often occurs when someone tries to use a do it yourself Will kit.  While DIY may be good for home improvement projects, it is best to consult professionals when planning to disburse your hard-earned assets.Mistake or ambiguity: Another problem with DIY Will kits are mistakes or ambiguities in the Will that make it unclear or open to interpretation.  In such cases it may be contested. This can occur when the language used in the Will is vague, contradictory, or inconsistent, leading to disputes among beneficiaries.Revocation or subsequent Will: If a more recent Will is discovered that explicitly revokes or replaces the previous Will, the newer version may be contested based upon all of the grounds discussed above.It's important to note that contesting a Will can be a complex legal process, and the specific grounds for a challenge must be explored thoroughly as a Will contest is expensive and time-consuming as well as very difficult to win.  That is why your best course of action to avoid this for your family is to work with a team of professionals, including your lawyer, investment advisor and accountant, to develop an estate plan that best fits your intentions, and prepares you and your family for when life happens.

Estate Plan Check-UpsEffective estate planning is personal, and its more than just deciding who to leave your assets to once you die.  Effective estate planning  is a comprehensive process that encompasses pre-need planning: health care decisions, financial management, and maintaining a delicate balance between independence and security.  Like your preventive doctor visits, you should regularly check in on your estate plan to ensure it fits your current needs, considers and plans for potential future care needs, and will give effect to your wishes now and in the future. Generally, estate planning involves creating a last will and testament, possibly a revocable trust, possibly an asset protection trust or a supplemental needs trust for a loved one who is unable to manage finances or may be vulnerable to abuse or exploitation.  Estate planning also involves important advanced directives, such as a durable financial power of attorney, a health care power of attorney, and a living will.   Creating an estate plan, or getting my affairs in order, tends to be an item on our to-do lists, for us to get done and move on to the next thing. However, while it may not be something you have to look at every month, or even every year, once your initial estate plan is completed, it is something that needs to be reviewed with some regularity.Most people get an annual physical when they are healthy, not when they are sick. They do this because they want to proactively spot any issues that could cause them to become ill in the future. The same concept can and should be applied when it comes to reviewing and updating your estate plan. Your estate plan may be healthy now, but you want to make sure that it stays that way by checking it regularly, to ensure it fits your needs and family circumstances, protects and provides for you now, and  accomplishes your goals and wishes in the future. Editors Note: This article is for informational purposes only and is not intended to be legal advice.  This article was submitted by Ashley Day, Esq.  Ashley Day Law, LLC.  Reach her at 251-277-3377.