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Questions Answered by Stephen Birk Baumgartner
3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 16, 2022

The other attorneys are correct. You need to file into the probate estate. Depending on when this occurred you may need to act immediately in order to preserve the estate. In other words, you need to act quickly before your sister spends any proceeds from the sale of the house.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Colorado on
Q: If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 2, 2022

The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as... View More

1 Answer | Asked in Civil Rights, Family Law, Child Custody and Juvenile Law for Colorado on
Q: Whats the process in sueing an attorney for misconduct in the state of Colorado?

Court appointed atty for Child Protective Services is the 2 atty that displayed misconduct. The proof comes in the form of the attys text messages & emails along with the behavior in which they displayed and the verbal things that were said to the client

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Apr 14, 2022

This may be a professional misconduct referral. There is not enough information here to discern whether this is a legal malpractice issue, or a breach of professional ethics. If this is an ethics issue, then you should make a complaint to the Office of Attorney Regulation COunsel. If this is an... View More

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Colorado on
Q: my sister still lives with our highly abusive mother. how can I legally get her out of there.

We have a lot of evidence of gaby (mom) abusing me and my dad. Plenty court cases and files. Her record is far beyond damaged. Theres no reason as to why my sister has to stay with her. We don't have too much evidence of abuse towards my sister which is the problem. However, im not living with... View More

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jan 5, 2022

I am very sorry you are going through this. This is definitely a complicated family law question. However, if you suspect abuse of your sister, then you should call the Department of Human Services, Child Protection Division, and possibly the police. The answer to how you get her out of there... View More

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