Questions Answered by Tristan Kenyon Schultz

Q: Will I know if the mother of my child has a lawyer before I go to court?

1 Answer | Asked in Child Custody for Colorado on
Answered on Jul 22, 2017

Repeat question. See prior answer.
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Q: My dad owed money on credit cards but has since passed on. I recently got a call from a collector about this, but

1 Answer | Asked in Estate Planning for Colorado on
Answered on Jul 22, 2017

Debt obligations do not terminate with death or notification of death of an account holder. The debt obligations are transferred to the estate of the deceased. Until the matter is resolved, the estate is liable for the debt and collections can (and do) occur. Likely, a probate case will need to be filed (if this has not already occurred).

You may need to hire an attorney to assist.
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Q: If thier was a domestic violence case that never happened my husband was calling from jail da wants to press charges for

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Jul 22, 2017

In Colorado, DV calls result in a lot of automatic responses (e.g. automatic arrests, protection orders, etc.). Your recanting does not eliminate the charge. That is the DA can proceed with the DV with or without your cooperation.

Your husband should hire a lawyer.

Per you other posts, Justia's Q&A cannot provide recommendations on whether to go to trial or not because this would create an attorney-client relationship and a lawyer needs to review the entire case before making...
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Q: Can I file for custody without an address?

1 Answer | Asked in Child Custody for Colorado on
Answered on Jul 22, 2017

You cannot personally serve her (no exceptions because you are a party to the litigation). You will eventually need an address for the mother for the case with rare exceptions. However, the address can be release after a filing. There are special procedures for notice of difficult-to-find parties in certain circumstances, but based on your facts it is unlikely that a court will allow these alternative means of notification.

It is highly advisable that you see if you can find a home...
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Q: Colorado has a hold on my drivers license for a 4 yr old camera ticket, what can be done?

1 Answer | Asked in Traffic Tickets for Colorado on
Answered on Jul 21, 2017

Your options are: pay the ticket or challenge the ticket in court.
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Q: If I file for bankruptcy, will the government go after my spouse's assets as well as my own?

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Jul 21, 2017

While there are exceptions and certain exemptions, a spouse is usually included in an individual's personal bankruptcy filing. This might be different if the bankruptcy relates to a business. Contact a lawyer for details--expect to pay for the advice.
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Q: I have a three-year contract. Two years in, my company was sold. I want out. Does the sale change affect my obligations?

1 Answer | Asked in Employment Law for Colorado on
Answered on Jul 21, 2017

The terms of the contract itself should control the effect of a sale on the parties. The general rule is that the change in ownership does not modify the obligations of either party. In other words, the contract is likely still in effect. If you want to be sure, you will need to hire a lawyer to review the contact.
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Q: Hi am currently in a situation where I might get kicked out not quite sure what to do here can you please help

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Jul 17, 2017

Refer to your lease agreement. Most lease agreements allow the landlord to show the home under certain conditions. The scope and conditions attached to a showing are tied to the lease.

The landlord can legally sell the home with you as tenants and/or terminate the lease agreement (with proper notice) and put the home on the market. You cannot be forced to leave the home before the term listed in the lease expires (unless you both agree to an early termination). This protection applies...
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Q: How do you evict someone from an assisted living house?

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Colorado on
Answered on Jul 17, 2017

Barring special issues for an health related concerns, you should be able to use the standard eviction process. If you have a lease agreement, refer to this. If you don't or the lease does not cover all aspects of the eviction, the default rules listed the Colorado Statutes apply.

If you need specific advice or oversight with the eviction process you will need to contact (and likely hire) an attorney.
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Q: Parental Alienation. Does any court in Colorado really take this seriously?

2 Answers | Asked in Family Law for Colorado on
Answered on Jul 16, 2017

Parenteral alienation is considered by courts, but the moving party (you) must prove the alienation as part of a motion for enforcement, modification, etc. This is why the judge ordered therapy--to gain an independent review. Parents generally have a right to contact their children unless health/safety concerns of the children are raised (which seems to have been flagged by the therapist).

Since you are asking this question on Justia I assume that you have not hired an attorney. You...
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Q: My son who is 12 was interviewed while in the interview room the detective took my phone

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Answered on Jul 16, 2017

Yes, the police can temporary remove items to prevent communication between suspects. Technically, consent is required (unless you were charged), but consent can be inferred by the act of surrendering the phone and/or continuing to talk.

The phone must be returned (undamaged) and you always have the option of closing-down the interview.
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Q: My brother passed away in 2005. I just learned that he left me an ira worth about $8,500. Distribution and tax law-

1 Answer | Asked in Tax Law for Colorado on
Answered on Jul 15, 2017

Mandatory minimum distributions (MMD) are figured based on a formula. The amount to withdraw should be provided by the fund manager of the IRA (this is part of the service that your investment fees are paying for). Note MMD rules (which only apply to traditional tax deferred IRAs) are tied to the age of the deceased. This is usually 70.5 for most people. There is no way to wholly avoid taxation at graduated rates (not capital gains), but there are ways to reduce the tax burden.

Contact...
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Q: Can my ex force me to send our 5 year old to kindergarten?

3 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Answered on Jul 14, 2017

First, review the custody agreement to see if there are nay tie-breaker rules on parenting decisions.

If he has some visitation, you do not have full custody. Likely you have either primary or joint custody.

As the moving party, your ex will need to seek a court order (which means a judge will decide when the child should start school) for override your decision (assuming there are not tie-breaker rules). That said, it is advisable to see if some agreement can be reached...
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Q: What can I expect from my uncontested court hearing?

1 Answer | Asked in Divorce for Colorado on
Answered on Jul 14, 2017

Based on your facts you have a contested divorce.

The duration of the hearing depends on the type of hearing--an initial status conference usually lasts for 15 minutes, while a temporary/permanent order hearing can last the better part of a day.

Colorado does not require consent to divorce, so only one party is required to feel the marriage is irretrievable.

A final decree is handed-out no less that 91 days from the filing date (even if totally agreement with the...
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Q: My mom is doing her will. Her house is paid for. I and my sister live with her. When she passes she want us to

1 Answer | Asked in Estate Planning for Colorado on
Answered on Jul 14, 2017

With a will alone, 2 years is the normal cut-off for transactions to occur. Of course there are always exceptions... If 5 years is desired, the creation of a trust can achieve the desired timing. Since the lawyer is representing your mother, you will either need to hire your own attorney to provide specific guidance to you or have your mother present (and consent) with her attorney to discuss the 5 year holding period as part of your mother's representation.
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Q: In Colorado can someone take you to court and make you pay a loan your name is not on?

1 Answer | Asked in Small Claims for Colorado on
Answered on Jul 14, 2017

Based on your facts it is possible for a claim to be filed to recoup some or all of the damage related to the accident. You cannot be made to assume another person's debt, unless there are other factors involved that are not mentioned. Whether a claim is filed and/or whether the claim will be successful is a wholly different consideration.
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Q: I have a bill of sale for a vehicle but the seller will not hand over the car, what do I do?

1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Answered on Jul 14, 2017

You will need to take them to court. This likely can be handled in small claims court. The forms can be found at the CO Courts webpage. A lawyer can assist (or wholly handle) this matter, but a lawyer is not required (esp. for small claims cases). Prior to filing it may be advisable to send a demand letter.
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Q: I received a vehicle violation fine in the mail from a remote camera from Colorado. Do I have to pay it?

2 Answers | Asked in Traffic Tickets for Colorado on
Answered on Jul 13, 2017
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Q: Can I still get a credit card after I file for bankruptcy?

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Jul 13, 2017

Yes and no. Eventually, you will be able to successfully get a credit card (the rate, limit, etc. will likely be more unfavorable than if no bankruptcy was filed). Immediately after filing, you likely will not be able to get a credit card.
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Q: We filed a divorce, then filed a motion to change the date of the status hearing. The Judge did not accept this motion.

1 Answer | Asked in Divorce for Colorado on
Answered on Jul 13, 2017

At this point it is better to file a new petition from scratch.
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