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Questions Answered by Kevin Michael Strait
3 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Colorado on
Q: My gym made a t shirt that hints at another gyms logo. The t shirt is satire. I’m looking for a lawyer to take a look

The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 17, 2024

Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered... View More

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1 Answer | Asked in Gov & Administrative Law, Business Formation and Business Law for Colorado on
Q: For the state of colorado - I am going to need to open an S Corp. Is it better to start it as LLC or C Corp for few day?

I plan to elect S Corp status within a few days after getting EIN and all. I am curious on how it makes a difference if I start LLC or C Corp given S Corp form will be submitted in a matter of days following.

Kevin Michael Strait
Kevin Michael Strait
answered on Dec 29, 2023

Many people form an S-Corp to take advantage of the personal income tax breaks when paying yourself as both an owner and an employee of the business. The S-Corp election is more accurately called the "subchapter S tax election" and, as you point out, can be used in combination with an LLC... View More

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Deceased Devisee

My dad was named as an heir in my grandmother's will. He preceded her in death, but the will was never updated. Am I eligible for his share? I am his only child, and he was never married. The Colorado code that governs it I believe is § 15-11-603, but I don't quite understand the legal... View More

Kevin Michael Strait
Kevin Michael Strait
answered on May 18, 2023

This response is generalized information related to Colorado inheritance, and is not legal advice specific to your situation.

Gifts made in a Will are sometimes given special attributes, conditions, or rules. A gift that fails to meet the conditions required in the Will can...
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2 Answers | Asked in Estate Planning and Probate for Colorado on
Q: Do I have to hire a lawyer to be appointed Personal Representative of my late husband’s estate?
Kevin Michael Strait
Kevin Michael Strait
answered on May 18, 2023

I'm sorry to hear of your husband's passing. In Colorado, no attorney is needed to be appointed as the personal representative of an estate. A personal representative is given several responsibilities, such as collecting all the deceased person's possessions, making gifts of the... View More

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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: My mother had her will drafted in Colorado, but has moved to Texas before it was witnessed or signed.

She just got her drafted will from whoever drafted it in Colorado, but she currently lives in Texas. Can she get it signed/notarized in Texas? Would it still be considered legal since it was drafted in one state and notarized in another?

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 8, 2023

Generally, Wills are made under the laws of the state where a person lives. A complete, valid, signed, notarized, and witnessed Will made in any state is usually good in other states, meaning a person with a completely formed Will can move to a new state and the Will is still valid. Unfortunately,... View More

3 Answers | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: I’m planning to get a trademark for my company name and slogan. Should I get a copyright for the different artwork?

It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 7, 2023

Trademarks and copyright protection are good business protection tools, but these two areas of law can be confusing.

Trademarks protect words slogans, phrases, and graphic art (such as a logo) that are used to identify a brand or a product's seller in the marketplace. Two companies...
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1 Answer | Asked in Estate Planning for Colorado on
Q: I want a beneficiary in my will to be anonymous on paper. The executor will know who they are. Can I do that?
Kevin Michael Strait
Kevin Michael Strait
answered on Feb 20, 2023

Your goal to create an anonymous beneficiary is more common that you might think. This is not legal advice specific to your situation, but is instead a general answer to your question and point you may wish to consider with your attorney. One way to keep a gift private is to use a Trust, and... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: My dad passed and his wife claims that he said that my brother, my kids and I get nothing. Without any documentation.

When my dad was in the hospital, she would not let us see him to say goodbye and claims that he told her that his children and grandchildren get nothing, I finally received the family photo albums with missing pictures. She had only been married for 10 years and she even took the military flag... View More

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

As a general interpretation of Colorado law, the first critical question is whether a person passes away with a valid will. If so, the terms of the will likely control the flow of property and money to specific people. If no valid will exists, Colorado law sets forth a default plan for inheritance.... View More

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3 Answers | Asked in Business Law and Civil Litigation for Colorado on
Q: In Colorado, can personal civil documents intended for an individual be served to the registered agent of their LLC?

For example, if attempts to serve someone a civil lawsuit at their home address have been unsuccessful, could that person be served via the registered agent for an LLC they own, even if the LLC is not named as a defendant in the lawsuit? Specifically, if they're using a registered agent... View More

Kevin Michael Strait
Kevin Michael Strait
answered on Nov 7, 2022

The LLC structure is a legally distinct entity in Colorado law. While some code sections and some tax regulations will refer to both businesses and regular people equally as a "person" the significance of the LLC is to create a legal distinction between the business and its owners.... View More

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1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: I basically need to know what you can and cannot require of your independent contractors.

Currently, I work for a company as an HR representative that does not have any employees, but only independent contractors. The owner recently implemented a new policy. This policy includes some points that i believe teeter along the lines of formal employment. For clarification, these independent... View More

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

Hello, your question is a very common one. This is not legal advice specific to your situation, but may be helpful as you continue to frame your question and seek a Labor & Employment Law attorney to help you.

In general, the IRS publishes a few resources to help businesses classify...
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1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: If a deed reads name HEIRS OF (1/3 INT) Name Name Name (1/3 INT) Name

What does this mean on a deed to property in colorado. So where it says Name are the people's name on the deed

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 8, 2023

I can't interpret the phrasing on the deed without seeing the entire document, but in general, the phrase "1/3 ENT" likely means a "one-third interest" or a one-third ownership is conveyed to that person. Contact an attorney and ask for help interpreting the deed and... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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