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Questions Answered by Kevin Michael Strait
2 Answers | Asked in Contracts, Copyright and Business Law for Colorado on
Q: What to do ?

I started a new instagram account for my twin boys and have posted a video that reached 6 millions views in a week or so and a company contacted me to get a permission from me to share their video in their social media and I will get 60% and they get %40. So I just want to talk with an attorney... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 11, 2022

You are wise to check with an attorney before you sign anything that does not make sense. Generally, the person creating a video clip has an automatically-occurring copyright in that video. The automatic rights are harder to enforce or sell, but the maker of the video clip can register their rights... Read more »

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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: What requirements apply in CO to notify/escrow money to a benef/sib who has left the state/country, & is out of touch?

I am executor of my mom's will/trust. One of two siblings has left the state and possibly the country, and there is no communication on his part, despite our family's efforts. What must I do to satisfy Colorado's requirements to notify him and escrow inheritance? How long must I wait... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 11, 2022

As a general rule in Colorado, C.R.S. § 15-12-705 sets the expectations for notifying a beneficiary or likely heir to an estate. The code states, in part, "the information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to... Read more »

1 Answer | Asked in Business Law for Colorado on
Q: Can I use/sell the art I make using the Wonder AI art generator app? I don’t want to risk anything but want to use them.

The app is available on iOS and I paid for the pro version. I’ve tried reading the agreements again but can’t tell. I would like to possible sell the original images or create my own works of art using these images as references.

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 6, 2022

This is a generalized, public reply based on your question. It is not legal advice specific to your situation.

The Copyright Office addresses this question often. It recently came up in a February 2022 publication of the U.S. Copyright Office Review Board. If you have the time, do a web...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Colorado on
Q: Setting up a holding company to allow for 100% ownership of future locations

I am opening a brick and mortar location in CO, with investors lined up. Naturally, they will request some equity in the company.

How can I setup a situation where I end up owning the overall brand, so that several years from now I can open additional locations in other states and/or... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 2, 2022

While this reply is not legal advice specific to your situation, the following generalizations may be useful to anyone opening a business in Colorado under circumstances similar to yours.

Selecting a business structure is a key business decision. Business structures can be changed over the...
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2 Answers | Asked in Estate Planning and Probate for Colorado on
Q: My mom's will was made by an attorney in El Paso County who has since died. There were two witnesses and a notary.

She has died in Oregon where that is not a sufficient will, and requires an Affidavit of Witness/Genuine Sig. Since the attorney who witnessed has died and I can't locate the notary (may also be gone, since it was 1998), is there any way to track down legal records/proof from a now-closed law... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 6, 2022

Generally, in Colorado, law firms that close or attorneys that die will pass all the firm's records to a friendly colleague. This is an informal process, unfortunately, but the community of estate planning attorneys tends to collaborate to find the right records. Consider contacting any law... Read more »

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2 Answers | Asked in Contracts, Business Law and Landlord - Tenant for Colorado on
Q: Can a commercial landlord forcibly remove tenant's contents without the eviction process - even if it's in the lease?

Upon coming to that conclusion, he mentioned a "mean way" and a "nice way" to handle this. As an art gallery, we need to be careful how we move everything, so we need some time. He said the "mean way" would be their having "repossession trucks" come in with a... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Aug 23, 2022

Mr. Larranaga makes good points in his analysis of situations like yours. I'll add one more point. Speaking generally of Colorado law, commercial leases offer less protections to eviction (even a "wrongful" eviction") because the damages of an eviction can be calculated into... Read more »

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1 Answer | Asked in Probate for Colorado on
Q: How can I retrieve my deceased mother's bank account balance to split between my sister and I?

My mother passed back in February. I was her caretaker and she assumed that meant I'd be given whatever was left over in her bank. Everything happened so fast, we weren't prepared for her death at all. None of us were thinking about money once we knew she would pass. There's a little... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Aug 10, 2022

I'm so sorry to hear that your mother passed away. But there is a fairly simple path forward for her estate and her possessions to be distributed to family and friends. People that pass away in Colorado either do or don't have a Will that controls their estate after death. If you mother... Read more »

1 Answer | Asked in Estate Planning and Family Law for Colorado on
Q: What do i do to object to my brother trying to become my dead dad's personal rep.

His son is already dad's personal rep.. Dad told him he didn't want him to be his rep. And dad said another nephew would be acceptable. I got court papers from utah.

Kevin Michael Strait
Kevin Michael Strait
answered on Jul 26, 2022

In Colorado, the most common ways to be personal representative ("PR") for the estate of someone that passed away are (1) to be nominated as PR in the will, or (2) to be a relative of the deceased person who applies to be PR.

In the first method, the will might name a PR and...
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1 Answer | Asked in Probate for Colorado on
Q: I'm trying to get a copy of my father's will my family will not return my calls. If you could help guide me

I would appreciate it

Kevin Michael Strait
Kevin Michael Strait
answered on Jun 20, 2022

In Colorado, a will (or more formally, a Last Will and Testament) is a personal document that becomes effective at the moment a person dies. It is very important to have a will, but the will is not legally controlling over a person's property until the person dies and the will is accepted by... Read more »

2 Answers | Asked in Estate Planning for Colorado on
Q: Hi there. This is a Colorado question. General or durable financial POA. Thank you kindly!

Can someone in Colorado who is a financial POA with no restrictions contact the principal's insurance company to find out if the principal has paid their premiums?

Kevin Michael Strait
Kevin Michael Strait
answered on Apr 13, 2022

In Colorado, a general power of attorney (PAO) gives broad powers to the "agent" allowing the agent to do things on behalf of the "principal". Common tasks are financial transactions, real estate transactions, paying bills, opening mail, and signing documents. The agent only has... Read more »

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1 Answer | Asked in Real Estate Law and Business Law for Colorado on
Q: Can I raffle off a Colorado business that holds a 19 acre track of land in Colorado?

The business has no other assets sales or income.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 31, 2022

Holding a raffle in Colorado is a regulated activity and requires a license issued by the Charitable Gaming Section of the Secretary of State’s office. A raffle can only be conducted by a legitimate, registered charity with an active non-profit registration in Colorado. In fact, the charity must... Read more »

1 Answer | Asked in Intellectual Property for Colorado on
Q: I'd like to get any info on how should I act not to violate design rights.

I am an Amazon entrepreneur. We manufacture picture frames using the names and team colors of NFL teams. We received notification about intellectual property violations. Amazin indicated it as design right infringement. But there were no logos, only team colors. I’d like to know where I can check... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 25, 2022

Football logos are protected by trademark law. Trademark protection is recognized in the first user of the logo to associate the logo with good or services in a marketplace. The protection of that logo is automatic, but limited. For a larger set of legal protections, the logo owner should register... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Arbitration / Mediation Law for Colorado on
Q: Bought a home through champion homes. paid for it ,said it would ship in 2 week its been 6 and cant get any help

The broker stopped after the deposit and took $19000 off the top in Feb 2021and stopped working on my behalf, had to go to another dealer for help or to his boss , who is who I dealt with, but there is Money issues that I didn't get credit for said they would sell home if payment wasn't... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 23, 2022

You are buying a modular or manufactured home in Colorado. The law covering this purchase is a combination of contract law for the sale of goods and real estate law. Your purchase should have come with a sales agreement that clearly states the sales price and the delivery date. Even a statement... Read more »

1 Answer | Asked in Probate for Colorado on
Q: My boss recently died and I had been living with him for about 7 months. Do I have some sort of rights to get my stuff?

One of my bosses friends girlfriend has somehow been put in control of his estate and won't allow anyone to even go on the property. She let me go there once to get his poor dog that was locked in the house but told me I couldn't take anything. I have quite a bit of stuff there and am... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 22, 2022

You deserve access to your personal property. You do not automatically lose rights to your property when the owner of the property passes away. Look at Colorado Revised Statute § 30-40-101(1)(II)(C) which essentially states that a person "previously given permission to enter and remain on the... Read more »

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: Many businesses are creating "staffing agencies" to provide labor only to businesses they own - what are the advantages?

Working in workers' compensation in Colorado, we have noticed recently a large number of businesses creating "staffing agencies" where they provide labor only to their own businesses, not to other client companies (so technically not staffing for our purposes). We had never seen... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 21, 2022

Business strategists and corporate attorneys sometimes recommend wholly-owned staffing subsidiaries. A parent company will own several businesses of the same kind and own a staffing company. This business structure makes sense when there are multiple locations that all operate in substantially the... Read more »

1 Answer | Asked in Employment Law, Tax Law and Business Law for Colorado on
Q: I'm curious what I would need to do, legally, to be able to have a vendor booth at biker rallies in different state

I currently own and operate a tour company in Colorado and have a vendor booth set up here. I would like to be able to travel state to state to different biker rallies with my booth and be able to be a vendor in different places throughout the Summer.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 10, 2022

Unless you become a part of a single organization that has already arranged rallies is various states, you will need to register with each rally you pan to attend. Each state (and each county or city) will expect you to hold a license to do business in that state and collect sales taxes. You may... Read more »

1 Answer | Asked in Business Law for Colorado on
Q: Is it legal to set up a home business in a camper that is in a driveway of a rented lot that is not your residence?

I live in a mobile home park and my neighbor has allowed her daughter who lives in a different town to set up a camper in their driveway of a rented lot to prepare taxes for people. I'm fairly certain that she does not have a home business licence for this as it is not her residence. Is this legal?

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 28, 2022

Colorado allows home-based businesses, but each county sets rules on the permitting process. Without knowing which county or which set of home business rules to apply, it is hard to say if a camper in a driveway is an unacceptable way to offer tax preparation services.

As a general...
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2 Answers | Asked in Probate for Colorado on
Q: According to Colorado intestacy laws, Is an adopted child still qualified as a beneficiary, if they were emancipated?
Kevin Michael Strait
Kevin Michael Strait
answered on Feb 27, 2022

An adopted child is considered the same as a biological child for inheritance from a parent with no valid will. Look at Colorado Revised Statute § 15-11-103 for a list of heirs of a deceased person with no surviving spouse and no will to designate a beneficiary. A deceased person's wealth and... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Colorado on
Q: Can I sue someone for breaking my car window. Even though it’s been over a month?

Hi. It is 2-21-22. On 1-12-22. An intoxicated passenger of mine ripped out my manual cranks for both back windows. After rolling down the windows. Then got out and took my door and slammed 3 times hard enough until the window shattered inside the door. I didn’t call the police on account I had... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 21, 2022

In Colorado, yes you can sue someone for money to compensate you for damage to your vehicle. Colorado counties have general district courts that will allow small claims lawsuits. Colorado statutes § 13-6-403 limit the claims in small claims court to $7,500 total. Your claim for money owed by this... Read more »

1 Answer | Asked in Intellectual Property for Louisiana on
Q: I just found out my grandfather had a patent. How could I research if his intellectual property has been used?

patent # 2,746,620

Loading device for elevated platform

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 18, 2022

Your grandfather's patent is US2746620 and was granted in May of 1956. https://patentimages.storage.googleapis.com/0c/62/fa/ea6fb18d961575/US2746620.pdf

While your question centers on finding anyone using this technology, you may be wondering if anyone using the technology is paying a...
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