At Duncan Legal, PC, we often hear,
I just need a simple will.
It’s a common request—and a perfectly reasonable place to begin. Most people want something straightforward, a document that ensures their belongings go to the right people when they pass. But in today’s complex legal and healthcare environment, a so-called simple will is often not enough.
In fact, relying solely on a basic will can lead to confusion, unnecessary expenses, family conflict, and even the loss of benefits for your loved ones. True protection requires more than a single document. It requires a plan.
What a Will Can—and Can’t—Do
A will is a foundational legal tool that:
- Names your executor (also called a personal representative)
- Lists your beneficiaries
- Specifies how your assets should be distributed after death
But here’s what a will cannot do:
- It does not avoid probate
- It does not authorize anyone to act on your behalf if you become incapacitated
- It does not protect your home or savings from the cost of long-term care
- It does not prevent disagreements among family members
A will is one piece of a larger puzzle. Without supporting legal documents, it may fall short when your family needs it most.
Probate and Incapacity: Two Critical Gaps
Probate is the court process required to validate your will and distribute your estate. It is public, can be time-consuming, and often involves court fees and delays. Even a valid will can result in your loved ones spending months—or longer—waiting to access what you’ve left behind.
A will also has no authority during your lifetime. If you suffer an injury or illness and cannot manage your own affairs, your will provides no help. It cannot:
- Pay your bills
- Access your bank accounts
- Manage your property
- Make medical decisions
- Appoint a guardian for your minor children
To address these risks, your estate plan must include tools like powers of attorney, healthcare directives, and possibly a trust.
Long-Term Care: What a Will Won’t Do
According to national statistics, most of us will need some form of long-term care in our lifetime. The cost of that care—especially in a skilled nursing facility—can quickly deplete your savings.
Unfortunately, a will offers no protection from this threat. Without proactive planning, your hard-earned assets could be spent down to cover care expenses, leaving your heirs with little or nothing.
At Duncan Legal, we help you create a strategy to preserve your wealth and navigate Medicaid rules before a health crisis hits.
Why More Families Are Choosing Trusts
Trusts are no longer tools reserved for the wealthy. In fact, they’re one of the best ways for families of all income levels to:
- Avoid probate
- Maintain privacy
- Ensure your assets are managed during incapacity
- Protect your savings from long-term care costs
- Control when and how your heirs receive their inheritance
When properly drafted and funded, a trust can provide long-term stability and flexibility for your family—often making things easier when life gets complicated.
True Simplicity Comes from Thoughtful Planning
At Duncan Legal, PC, we believe real simplicity is achieved through thoughtful preparation. A bare-bones will may seem easy today—but it can create stress, confusion, and legal hurdles tomorrow.
Estate planning isn’t about filling out a form. It’s about giving your loved ones a clear path forward, protecting your assets, and solving the legal and financial puzzles before they become problems.
Let’s Build a Plan That Protects Your Legacy
Visit Us: 6436 S Racine Cir, Ste 227, Centennial, CO 80111
Call Us: (303) 394-2358
Learn More: www.duncanlegal.com
