Questions Answered by Tristan Kenyon Schultz

Q: Does a jointly owned home have to enter into probate after a spouse dies?

1 Answer | Asked in Probate for Colorado on
Answered on Nov 12, 2017

If there is a living joint owner, the real estate very likely will never enter probate (or be subject to specific devises in a will--unless the joint ownership is a tendency in common).

Under normal circumstances, the joint owner(s) (joint tenant with right of survivorship--default in Colorado) goes to the County Clerk's Office where the property is location and provide notice of the death via a certified death certificate. Once the certificate is recorded, the deceased's name will be...
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Q: what to do with the primary parent that has our children and their are missing school often and grades are low?

1 Answer | Asked in Education Law and Family Law for Colorado on
Answered on Nov 11, 2017

These facts can be used in a modification request.

Contact an attorney to evaluate the strength of a modification request. Expect to pay for the attorney time and assistance.
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Q: Our 32 old son, and daughter in law, will not speak to us thus refuse to let us have contact with our

2 Answers | Asked in Family Law for Colorado on
Answered on Nov 11, 2017

It depends. Grandparent's rights are limited versus parental rights in the US. If there is any adjudication involving the children (e.g. divorce w/ custody, paternity, guardianship, custody for unmarried couples, probate or dependency and neglect), grandparents have standing (ability) to make a custody request. If no adjudication involving the children has occurred, grandparents cannot bring suit.

If adjudication has occurred and a grandparent custody motion can be filed, the next...
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Q: Is it legal for an employer to claim that sexual harassment allegations have been filed but decline to provide them.

1 Answer | Asked in Sexual Harassment for Colorado on
Answered on Nov 10, 2017

Under Dept. of Education regulations, all schools that receive a sexual harassment/assault claim, must investigate the allegation. Each institution has its own procedures related to who conducts the investigation and how it is conducted (read your employee manual for details). During the investigation phase the institution/investigator cannot and should not convey any details of the investigation until the review is completed and/or made public. In other words, you will not receive any...
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Q: Have been served with custody papers. Court is next week How do I win a case like that?

2 Answers | Asked in Child Custody for Colorado on
Answered on Nov 10, 2017

Are you sure that this is trial and not a status conference or other type of hearing? If this an emergency hearing, the courts do not expect fully prepared cases and usually restrict the ruling to a singular matter (e.g. immediate risk of harm to a child).

If it really is a trial, the service may be improper. Another alternative is to seek a continuance.

Contact a lawyer for details. Expect to pay for the lawyer's time.
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Q: How long do I have to file a workers' comp claim after my work injury?

2 Answers | Asked in Workers' Compensation for Colorado on
Answered on Nov 10, 2017

This is how is should work:

First you need to notify your employer in writing within 4 days of the injury. You can still report after the 4 days window, but penalties may apply (note: inability to report due to physical or mental impairment delays the 4 day reporting requirement until you are physically/mentally capable of reporting). Your employer should notify their carrier within 10 days of the reported injury. From there the insurer takes over.

That said, it is to your...
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Q: I inherited a farm for which I have income to report my share of the proceeds from the sale of livestock and coop dist

2 Answers | Asked in Tax Law for Colorado on
Answered on Nov 10, 2017

Talk to a tax professional for the specifics. Ideally, the tax professional should also be your tax preparer because selections on how the income is reported directly impacts the need for a self employment taxes.

As a general rule of thumb, if you actively farm OR in any way receive profits based on the production from the land a Schedule SE (self employment) must be filed. Note, this includes sharecropping, partnerships/co-ops/clubs, and (most) contract farming. Another good flag is...
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Q: My daughter’s father has not had any contact with her for a year. Can his rights be terminated?

2 Answers | Asked in Family Law for Colorado on
Answered on Oct 15, 2017

Based on your facts, it is very unlikely that a contested termination would succeed. You can broach a non-contested termination with the father, but a court may still not accept a non-contested request. Be forewarned a successful termination of rights also ends all child support obligations.

Contact a lawyer for details. Expect to pay for the attorney's time.
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Q: Can my ex-wife ask for backpayment of child support even if I was consistent with the agreement & payment?

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Oct 15, 2017

Yes, it is a valid request.
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Q: If there is already a judgement for child support and custody,can I request that we go back to court

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Oct 15, 2017

Yes, there are modification requests. These can change child support payments, custody, and/or any other aspect of a pre-existing court order. A modification can be contested or non-contested. Be forewarned there are black-out periods from when a modification request can be made after a prior final judgment and other limitations that may apply.

Contact an attorney for details. Expect to pay for the attorney's time.
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Q: My lease expired and I am currently paying month-to-month as a holdover. I am a co-tenant on the old lease that expired.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Sep 14, 2017

A holdover tenant can leave after 30 days notice. The landlord does not need to "accept" the termination (or the roommate for that matter). The landlord cannot force holdover tenant(s) to stay beyond 30 days (note: if a signed lease exists all parties have to wait until the term expires or early termination is triggered).

If you decide send notice. Send it via a registered letter or an email for documentation (this may help if other legal issues arise).

After the 30 days...
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Q: I own a house. My girlfriend moved in 5 months ago and we broke up recently. She hasn't paid rent in 3 months.

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 13, 2017

The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).
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Q: Can I sue the pet sitter and get my money back?

1 Answer | Asked in Small Claims for Colorado on
Answered on Sep 13, 2017

You can sue in small claims court. You can visit the Colorado Courts webpage for all the forms.

For technical (legal) advice you may want to contact a lawyer. Expect to pay for the lawyer's time.
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Q: There is no explicit language to the type of pets our renter can have. Our renter got two kittens

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 13, 2017

Both the tenant AND landlord are bound by the terms of the existing lease. The landlord, like the tenant, can propose amendments or a new lease but neither side is obligated to accept any modifications. Applying pressure to amend via threated litigation, increased inspections/visits, and/or termination of the lease create a separate legal action in which the tenant can pursue punitive damages against the landlord.
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Q: the mother of the father of my child took my son with the father of my child's permission. I want my son back. How?

2 Answers | Asked in Family Law and Child Custody for Colorado on
Answered on Sep 12, 2017

If you have a custody agreement, you can seek court enforcement of the existing agreement (assuming it grants you some amount of custody).

If you do not have a custody agreement, then you will need to file for custody. If you are concerns that the child will leave the state, it is recommended that you file sooner rather than latter.

You may need a lawyer for assistance. Expect to pay for the attorney's time.
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Q: If I get divorced in Tx (30day wait period) to remarry, will I be able to marry in Colorado. (0days) immediately after?

1 Answer | Asked in Divorce for Colorado on
Answered on Sep 12, 2017

The state where you reside.
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Q: How do I get money from getting ,1/2 the house

2 Answers | Asked in Divorce for Colorado on
Answered on Sep 11, 2017

Where are you in the divorce process (negotiations, post decree, etc.)?

If you have a decree you can seek court enforcement of the decree.

Try resubmitting with a little more information.
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Q: How will a Judge require reimbursement of overpaid child support?

2 Answers | Asked in Child Support and Family Law for Colorado on
Answered on Sep 11, 2017

First, voluntary decreases in income do NOT reduce child support. If he quit this job or stepped down, there is a very strong argument that the support should not be modified.

As for the repayment (assuming this occurs--which is less than certain), the court will not require that you pay more than you can reasonably afford. Usually, the support is reduced from future payments.

Contact a lawyer to discuss your options, because your facts present some opportunities to prevent...
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Q: Do I need to provide bank statements for a child support case?

2 Answers | Asked in Child Support and Family Law for Colorado on
Answered on Sep 11, 2017

The 3 years of bank statements (and taxes) is a standard request in Colorado. Technically, you should provide this material unsolicited, but many do not provide a compete 3 years.

If the bank cannot provide complete records make a copy of the banks statement and submit this with the records that you do have. Normally, only recent transactions count in the most cases, but the 3 years requirement can catch "bad acts" of parties that try to hide money/assets in anticipation of litigation...
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Q: Can the father of my child file for child support so he can get partial custody?

2 Answers | Asked in Child Custody and Child Support for Colorado on
Answered on Sep 11, 2017

Yes, a petition for custody by either parent will result in some parenting plan (i.e. visitation) and support obligations being created for the child. Colorado generally favors joint (50-50%) custody and generally does not consider prior criminal history of either parent unless there are health and safety concerns directly related to the child (e.g. drug abuse/sale and/or sexual assault of children).
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