Legal Question in Wills and Trusts in Colorado

Online Living Trust Forms; Are they legally binding?

If I order the form on line and fill it out do I have to have to have a lawyer review it for it to be legal and binding? Also, the same question for Medical Power of ATT.

Thank you


Asked on 4/25/06, 4:27 pm

1 Answer from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Online Living Trust Forms; Are they legally binding?

Yes, the bad news is that fill-in-the-blank forms can be legally binding. Note, that is the bad news! These types of forms should be used for review and discussion purposes only and never as your actual documents.

There are many reasons why these documents should not be used, but among the most important is that they are so generic that they do not apply to your own situation.

Secondly, there is no assurance that forms you might locate online will be recognized under the laws of your state. States like Colorado have statutory forms that are part of Colorado's statutes authorizing the document such as a Living Will or Medical Power of Attorney.

It is not possible to understate the risk of using a generic form, especially if you don't review it with an experienced estate planning attorney.

The best approach is to meet with a competent and experienced estate planning attorney in your area to assess your needs for these types of documents.

Nothing in this message can be used in any manner to avoid any taxes or penalties.

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Answered on 4/25/06, 4:57 pm


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