They refuse to draw up a will. I want to do everything possible to insure that their home and assets are protected from the government.
They are 88 & 91.
There many ways to do this including a trust. The simplest and cheapest way is to have them execute and record a beneficiary deed to their heirs. The heirs would have no present interest in the property, but upon the death of the last one, the home would pass to the heirs by operation of law and... Read more »
First, you must list all debts including your car loan. If it is like most auto loans, it is probably none of these. You should consult with a bankruptcy attorney.
Yes
It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.
You may be able to avoid this lien in a bankruptcy. Since your husband is over 60, the home is entitled to a $105,000 homestead exemption. If your equity does not exceed this amount, a bankruptcy would allow you to keep the home and lose the lien. There may be other factors involved, so check with... Read more »
I am going to refinance my Colorado house but the title company says I have to amend my quitclaim since the deed was originally under my name and her maiden name. The quitclaim deed was signed under her married name. I have no idea where my ex-wife is to file an amended quitclaim deed. If I need... Read more »
You may need a quiet title action, but I would try something else first. See if the title company will accept a certified copy of the divorce decree showing the name change. Alternatively, you might file a CRCP Rule 70 motion to ask the court to execute the correction deed in her name.
I know if happened in Boulder in 1980. but I cannot find any other information. I would love to know the name of the case, and even some details about who brought it to court, and how the decision was made. Do you have any advice on finding this kind of information? Thank you!
The Colorado legislature made rent control by municipalities illegal and that position was affirmed by the Colorado Supreme Court. Chief Justice Malarkey dissented but was out voted. The legislature could always change that. That would be a bad idea in my opinion. See the link below.... Read more »
You can amend the schedules at any time during (and even after) the case. It's better to do it before someone else discovers the oversight so you can't be accused of being dishonest.
Active Duty Army. Returned to Fort Carson and own a home in Peyton, CO. My family desperately needs to move back in, but my property manager said that we have to wait until the lease is up (April 2019). What are my options?
The lease gives the tenants the right to possession until it expires. Unless they violate some covenant of the lease, you will have to wait.
Yes you can. However, you must disclose all such transfers. If you did not get equivalent value in return, the bankruptcy trustee can sue the person you transferred the property to and make them give/pay it back. If you don't disclose all such transfers, you will have committed a federal felony.
According to U.S.S.C. 523 (a) (16) I did not have the intention to keep the house. The bank foreclosed on the house in 2012 and removed the foreclosure 2 months later. They later foreclosed again in 2015 and sold the house. The HOA is using a debt collector to attempt to take $3800 that was... Read more »
I respectfully disagree. You are liable for post petition fees as long as title is in your name. It sounds like the first foreclosure never went to sale, so you still held legal title until the second sale was completed.
Both businesses are now defunct. How do I have them removed?
You should have required releases upon payment (I'm sure you know this). A lawsuit to foreclose any mechanics lien must be filed no later than 6 months after the work is completed or the lien expires. Even if not paid, these liens would have expired long ago and you should not have to do... Read more »
of the rental property gave permission to the adjacent landowner to use the 10 feet strip of the rental property? The 10 foot strip is outside of the 6 foot tall privacy fence for the rental which has been in place for several years.
Generally, the tenant has the right to exclusive possession of the entire rented premises. I would need to see the lease to be sure, but the neither the owner nor a third person can violate the tenant's right of possession unless that area was excluded from the leased premises.
So, the consigners aren't covered under the LLC?
Any bankruptcy filing must include all your assets and all your creditors. There is no such thing as a selective bankruptcy.
I have been paying rent and utilities.
At present you have no rights except possibly as a month to month tenant. If you are indeed married and you file for a dissolution of marriage, you may have rights to marital property and maintenance. This can be a complicated question and you should confer with a family law attorney.
New Jersey. If he owned property in Colorado, you will need legal help here also.
Verbal 30 day notice. Do we have to allow him to bring strangers in our house we rent. My husband is military and hasn’t received his orders but we’re being told we will be relocating also our lease isn’t up until May 31, 2018. The only way my landlord knew we are possibly relocating is... Read more »
Your lease will usually address the times that a landlord may enter for specific purposes. If not, the law gives him a reasonable time and right to show the place to new tenants. A little respect on both sides will help make this go smoother. As a last resort, a judge can decide what is... Read more »
The situation is as follows:
1) Husband and Wife (A & B) are owners on a Colorado vacant land property (joint tenants)
2) A dies
3) B dies 6 months later
4) B's estate is currently going through probate in Wyoming. B did not remove A's name from the... Read more »
B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.
While our tax system is voluntary in the sense that you file a return and send in the money you owe, you will quickly find out how involuntary it is if you fail to do so. Many people have refused to file and have argued that they don't have to pay taxes. Most of them are in federal prison.
he is 3 months behind, has changed his number and I have no way to get ahold of him, I sent a letter over 30 days ago and he has not answered do I have to forclose or can I just reposse and get the title back in my name
It sounds like this was a straight sale and the property was deeded to the buyer. If title is in the buyer's name, you will have to foreclose to get it back. If you are able to contact the buyer, you may be able to get him to sign a quitclaim deed conveying the property back to you in exchange... Read more »
Colorado law provides a homestead exemption of $75,000 (or $105,000 if you are over 60 or disabled). If the exemption is properly claimed in Schedule C of your bankruptcy petition, the trustee is bound by it. If you have more than that amount of equity, the trustee has the right to sell your house.... Read more »
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