Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Ashley Dean Powell

1 Answer | Asked in Estate Planning for Colorado on

Q: who has the rights to a house?

My mother in law owned a house jointly with her husband from a second marriage who passed 3 years ago. The house was re-titled into her name and she refinanced the mortgage. If she passes instate, does the house pass equally to her daughters? Or will it go equally to the daughters and to the son of... Read more »

Ashley Dean Powell answered on Dec 20, 2018

Short Answer: If the son of her deceased husband was never actually adopted by your mother-in-law, then there is a chance that such un-adopted stepchild will not participate in her estate as one of her own children.

Long Answer: If your mother-in-law is the sole owner of the house and she...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can I take an apartment to court

I rent an apartment and behind my bed on the outside there are tons of meters for electric and its loud in my room I've asked to fix it but they didnt do anything. There are pipes in the wall for ac and not well Insulated so the floor is very cold resulting in turning up the heater. They did... Read more »

Ashley Dean Powell answered on Dec 10, 2018

Without knowing more and based solely on the information in your question, I suspect that you do not have a strong case against the landlord/property owner/property management company. If you feel strongly about this, you probably need to sit down with a landlord-tenant attorney or... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: I need to create a legal document to sell a portion of the power line to my house to my neighbor. How do I do this?

I purchased the original line, designed to service 3 properties, as I was the first house in the area. A power box was installed on my neighbor's property as part of that, so no easements are required for his access.

Ashley Dean Powell answered on Dec 10, 2018

Based on the facts above in your question, it may be difficult to get a complete answer. If you want to know that you have correctly formalized your agreement with your neighbor, then you should probably consider consulting with an attorney in your area who can review all documents related to the... Read more »

1 Answer | Asked in Probate for Colorado on

Q: Does a stepchild have a right to belongings or ashes.

This stepchild is now in their 40's. My brother passed away in Texas where I live because he was here going to MDAnderson Cancer Center. He lived in Colorado. My sister or myself was not able to go to Colorado and take care of his belongings. Stepchild was suppose to put everything in storage... Read more »

Ashley Dean Powell answered on Dec 5, 2018

Assuming that no personal representative has yet been appointed by a court and no estate has been opened, you or your sister could petition a court in Colorado to appoint you as the personal representative of your brother's estate. The process thereafter may vary depending on whether your brother... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Colorado on

Q: I was just wondering if I have a case. I feel like I was done wrong and unfair. Can I do anything?

12 years ago a friend and I started a used car dealership. In structuring the company my name was not included, but it was me who was responsible for creating the company’s brand (business name, logo, slogan, website, colors, operating methods). My ideas, my creations, my hard work for the first... Read more »

Ashley Dean Powell answered on Dec 4, 2018

There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship appears to have... Read more »

1 Answer | Asked in Estate Planning and Family Law for Colorado on

Q: When someone passes & "estate will"goes to X #of kids but 1 has passed what happens to the deceased kid's share?

The child that died had 1 child, does the deceased share go to his son or to the other siblings?

Ashley Dean Powell answered on Dec 4, 2018

The answer somewhat depends on a variety of factors, such as whether the will intended a class gift (for example, "to all my kids") or was a list of specific devisees (recipients) of the gift. The specific provisions of the will (did it clarify alternative recipient or how to deal with the death of... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: On November 29th My oven control panel shorted out! No replacement yet. Can I deduct my meals while I wait?

May I buy an oven and deduct it's price from my rent. This is not the first time I have asked for help from my landlord. Other issues have taken weeks and I have one issue that has not been addressed since October.

Ashley Dean Powell answered on Dec 4, 2018

Short answer: A landlord probably has no legal obligation to provide you with a cooking oven/stove or fix a broken one unless that obligation is specifically created in the lease. If it is in the lease that your landlord will maintain all appliances (or oven specifically) in working order, then... Read more »

5 Answers | Asked in Business Law and Real Estate Law for Colorado on

Q: Retail Business Space Lease

I have an existing business that is an LLC and we are moving to a new location for our business. In the new lease it calls out in our addendum for both LLC members to give a Personal Guarantee, does this negate the personal property protection that our current business LLC gives us? Should we seek... Read more »

Ashley Dean Powell answered on Nov 27, 2018

Yes, you should attempt to negotiate for the removal of the personal guarantee requirement if you can. Your LLC's history, success, and capitalization are important factors that may convince a prospective landlord to remove (or, perhaps, reduce) the personal guarantee. As others have said, the... Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant for Colorado on

Q: Hot water heater broken, no hot water for 5 days, 24 apts. Can I deduct 5 days of rent as part of their 'failure'?

No notice was given to tenants until 2nd day. After calling the Mgmt. Company, Answering service gave me details. Is it within my tenant rights to...either charge them for hotel room, or ask for credit for the 5 days of no hot water...certainly part of their 'commitment' to me.

Ashley Dean Powell answered on Nov 26, 2018

Under Colorado Revised Statute Section 38-12-503, every residential lease includes a warranty of habitability. Section 38-12-505 includes an elaborate list of the types of items that might violate landlord’s warranty of habitability if they are not properly maintained by landlord. For example, if... Read more »

View More Answers

1 Answer | Asked in Family Law for Colorado on

Q: Does a power of attorney guardianship have to go through a court to be legal.

Ashley Dean Powell answered on Nov 21, 2018

Depending on the context and the person who may need an agent, you may be talking about two different things.

A Power of Attorney need not be approved by a court. You can complete a Power of Attorney that immediately authorizes your agent to act on your behalf (for limited purposes or for...
Read more »

1 Answer | Asked in Energy, Oil and Gas for Colorado on

Q: How do I find a lawyer to represent a land owner selling or leasing to a utility grade solar company?

Ashley Dean Powell answered on Nov 16, 2018

You may find attorneys advertising this particular expertise. Otherwise, you should look for real estate attorneys in your area. You could be proactive by finding the attorney now, or you can wait until you believe you have an offer/proposal from the solar company to then take with you to an... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: it Is illegal for my landlord to write a new lease without any notice to me in writing or else, and with only my wife’s

We had a three year lease and I didn’t cut the grass , landlord rewrote lease with only my wife and I have no rights to house

Ashley Dean Powell answered on Nov 15, 2018

No, your landlord normally cannot unilaterally remove you from your lease without following the proper, statutory procedures to terminate the lease and evict you.

Colorado has a very specific and strictly enforced procedure that a landlord must follow to evict a tenant. Colorado generally...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can the landlord kick me off the lease in the middle of our term, and rewrite it with my wife?

It says in lease that no changes are to be made unless in writing.

Ashley Dean Powell answered on Nov 15, 2018

No, your landlord normally cannot unilaterally remove you from your lease without following the proper, statutory procedures to terminate the lease and evict you.

Colorado has a very specific and strictly enforced procedure that a landlord must follow to evict a tenant. Colorado generally...
Read more »

2 Answers | Asked in Trademark and Intellectual Property for Colorado on

Q: Is it possible to get approval for use of Denver Broncos logo for apparel?

I'm interested in starting a clothing store and would like to know if it is possible to get permission to use professional sports teams logos and if so...how to go about doing that.

Ashley Dean Powell answered on Nov 13, 2018

It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees. Those... Read more »

View More Answers

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on

Q: Returned from deployment and want to move back into my house that is currently rented out. Can I legally move back in?

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?

Ashley Dean Powell answered on Nov 13, 2018

I think both answers are correct, unfortunately.

As a practical matter, to the extent that you use a property manager again in the future, I would suggest you consider using a different one. As a landlord, you have a lot of discretion about the terms and conditions of a lease. Your return...
Read more »

View More Answers

1 Answer | Asked in Estate Planning for Colorado on

Q: What happens if my adult children pass away without a will? As their mother, does their property all go to me?

Ashley Dean Powell answered on Nov 9, 2018

Yes, if your child did not have any estate planning, did not have a spouse, did not have a properly recorded designated beneficiary agreement, and did not have any children, then the intestacy laws would probably put the surviving parents first in line to inherit.

The details: Your adult...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: my landlord promised a working washer and dryer and now is refusing to provide these. what are my options?

The washer and dryer broke due to regular use. The company that my landlord leases them from broke an appointment time scheduled to fix them. I got into a verbal altercation with the company that leaves them to my landlord. The company came to remove the washer and dryer from my unit. Now my... Read more »

Ashley Dean Powell answered on Nov 7, 2018

Generally speaking, a landlord probably has not obligation to provide a working washer and dryer in a rental. The lack of those appliances would probably not rise to the level of a violation of landlord's warranty of habitability under Colorado law.

If, however, your lease agreement...
Read more »

1 Answer | Asked in Contracts for Colorado on

Q: I have been renting with no written lease. Mid-month they want to raise rent & ask for $250 more for month already paid.

I have been at the same place for nearly 8 years. 7 months ago the property sold but we were allowed to continue with no rent changes. Then today the owners sent their foreman to tell me that the they wanted more for rent now and that I needed to pay the difference for the month that I already paid... Read more »

Ashley Dean Powell answered on Nov 7, 2018

In Colorado, a verbal lease can be enforceable. Especially with a multi-year history, you probably have a standard of behavior and practices that have been developed by you and your landlord. For example, if you tend to pay once each month for a month of rent at a time, then you would probably be... Read more »

2 Answers | Asked in Landlord - Tenant for Colorado on

Q: I want to evict my roommate who is on month to month rent. He’s consistantly late on rent. Where do I start?

Hi, my name’s Andrew. I live down in Colorado Springs. I am renting a house through my uncle who lives out of state. I have a 1 year lease through him. He charges rent each month, due in the first and then I have friends that live in this house with me, so we split rent equally 4 ways, due on the... Read more »

Ashley Dean Powell answered on Nov 2, 2018

In your case, if you want to evict your month-to-month tenant when he is current on rent, then he is probably entitled to at least 21 days written notice to quit indicating that you are terminating the lease pursuant to Section 13-40-107. In that situation, you don't need a "reason" to end the... Read more »

View More Answers

1 Answer | Asked in Elder Law and Probate for Colorado on

Q: Built a cabin w/ my mother, it was left to my husband and I. What do I do with items in cabin.

Some of the items in the cabin are our from our personal home and don't have receipt's as items are over 10 yrs old.

Ashley Dean Powell answered on Oct 31, 2018

If by "left" to you and your husband you mean that the house was given to you (or transferred automatically based on how it was titled) upon her passing, then you may want to consult with the personal representative of your mother's estate. Even if the house passed to you outside of probate, it is... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.