My older sister is the executor of my dad’s well. His kids, including myself, are listed as the beneficiaries, and it says we are supposed to split everything equally.
She sold his car for $500, and will not provide a copy of the bill of sale or who she sold it to. We believe that she... View More 
answered on Aug 25, 2023
In addition to what Mr. Claus has pointed out, as a beneficiary, if the personal representative (executor) does not provide the requested documentation, you have the right to file with the court (in the probate case case) and ask the Judge for assistance in getting documentation. You also have the... View More
So we just had a child and on the 2nd day cps said they got a call about possible drug use so we had them come to our hone do a visit then since the allegations were about drugs we both gave them clean uas now they want more I'm telling my wife to tell them no but she is so uptight she things... View More
answered on Aug 2, 2023
Get legal counsel to represent you and do it quickly. CPS has a great deal of power and they could potentially come and remove the child if the allege a danger to the child. Often, a little cooperation can get you through this without serious legal proceedings. Your wife is not wrong in that... View More
that our children will be in care of his girlfriend. We have a parenting plan that's court ordered. What can I do to stop him from leaving our kids with his girlfriend
answered on Jun 30, 2023
You need to file a motion with the court to temporarily modify the parenting time while he is in rehab and file it very soon. That is step one. Unless there is something in your orders addressing this kind of situation and allowing your ex to designate someone to "use" his parenting... View More
I'm preparing my motion Pro Se, and I feel my description of several pages is a bit long... I would like to know what I should cut out to get the motion read and accepted by the court.
answered on Jun 29, 2023
You should schedule some time at a free clinic for assistance or get advice directly from a specific attorney who can look at what you have written. Your request can't properly be answered in this forum.
In a very general sense, "several pages" probably is too long. You... View More
My ex is abusive and I was able to get sole legal custody by offering not to receive child support. My ex emails a few times a year to “check in” on our child. I typically respond with short emails that give details as to their health, school progress, and life in general without revealing any... View More
answered on Jun 28, 2023
As a general rule, once a child is 18, parenting time orders cease to have effect, though Judges will often consider enforcing the parental communication until the child has graduated high school if the child has not done so by the time they turn 18. Once a child is 18 and has graduated from high... View More
I have her last will and testament naming me as her attorney-in-fact (agent). Her will was never lodged with the county because she died March 20, 2020, ten days after governor Polis declared state of emergency due to the pandemic, closing most govt offices. My mother had no probable assets at the... View More
answered on Jun 23, 2023
Getting the Court document naming you as Personal Representative is usually a pretty straight forward process. You will need to go to the court and file a probate case. You can get the forms for a small fee at the courthouse or for free online at the state judicial website,... View More
answered on May 20, 2023
As you have stated it, it is impossible to answer this question.
That will depend on whether the adoption has been completed or not first. If it has, then it depends on how long ago it was completed to determine whether you even still can appeal it.
If it has not been completed,... View More
I have two sisters. We all shared power of attorney and healthcare POA when he was alive. We were all beneficiaries on his life insurance and we were all beneficiaries on POD accounts.
answered on May 20, 2023
You still file the probate paperwork with the Court.
You can file the copy of the Will and the Court will expect you to provide a sworn statement as to what efforts have been made to locate the original and to determine whether there might be a newer one. If the Court is satisfied with... View More
My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty... View More
answered on May 20, 2023
It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.
Generally... View More
answered on May 20, 2023
As a process, it is not inherently difficult, though you definitely need to obtain the assistance of an experienced estate planning attorney to accomplish it.
That said, Trusts can range from relatively simple to extremely complex. It will depend on what you want to accomplish with the... View More
If you are ordered to pay $500 in child support and they garnish your checks $250 biweekly to pay it occasionally you get a 3rd check a month and they garnish that one too. That brings you to paying $750 that month. What happens to that extra money and is it even legal to take more than the court... View More
answered on May 20, 2023
The best way to get a clear answer is to talk to Child Support Enforcement. They can tell you what is going on there. If there are arrears owed, that would be one explanation. Start there.
Usually, when child support is garnished, those extra weeks are calculated into it so that the same... View More
New baby with new father new case while separate case open with older child set for APR hearing.
answered on Mar 13, 2023
I don't think anyone can give you the reassurance you appear to be looking for. Mostly, you're asking us to predict the future.
Is it possible? If all of the facts align correctly, if the Judge sees it from your perspective. Yes, it's technically possible.... View More
answered on Mar 9, 2023
Since you're asking, I'm guessing that perhaps the relationship with the child's other parent is not particularly cordial. So my first recommendation is read your Orders to see if there is any restriction. Sometimes, there is a restriction in the Order, usually if there has been... View More
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answered on Mar 9, 2023
As Ms. Janko noted, child support is going to have no bearing on the division of parenting time. The one and only time under Colorado law that they have any bearing on each other is when child support is calculated, the parenting time (specifically the number of overnights) is part of the formula.... View More
So if a opposing party would intentionally show up at my house with the objective to get me arrested for a warrent that was granted off of false information. Then after finally being released from jail 8 days later I would receive a letter via USPS about a hearing to restrict my parenting time... View More
answered on Mar 8, 2023
This question is impossible to answer without more information. Generally, the notice must be "reasonable". Many factors can go into whether it is "reasonable" or not though. In some circumstances it may be "reasonable" to expect parties to appear at a hearing... View More
Two Children, one has aged out already, the other is turning 18 in August of 2023. He will graduate HS in April of 2023. Both parents agree to stop enforcement of the CS. Will Child Support Enforcement honor this if we both write a letter to Child Support Enforcement?
answered on Feb 27, 2023
This is not a simple or straight forward question to answer. There are layers here.
If both parties request for child support services to stop enforcement, they will generally finish anything that is already pending before the court before stopping. They will not reverse any enforcement... View More
Do I follow the Missouri the distribution of the funds since the person died in Missouri?
answered on Feb 21, 2023
Generally, if a person dies in another state, their primary probate action will be in that state, as you have described in this situation. The proceeding opened in Colorado is called an ancillary probate. It is for the sole purpose of addressing the property located in Colorado.
The... View More
I live in Colorado, and so far, the visitations have been in the father's home. My question is, does Colorado law prohibit such visitations from including outings to local places? I would even be the driver of the vehicle, if that is required.
answered on Feb 13, 2023
First, thank you for providing this very helpful service. It is beneficial to your grandson to have these visits with family present rather than in a professional facility with a stranger. There are also, sadly, far more parents who are required to have supervised visitation for a period of time... View More
answered on Feb 3, 2023
It is not quite clear what you are asking here.
If your question is how to find a mediator, that is relatively simple. If you go onto the state judicial website, www.courts.state.co.us, pull up your county's court, then you can find the link to the Office of Dispute Resolution (ODR).... View More
The minor has a job and intends to move in with 2 other people over 18 in a few months
answered on Feb 3, 2023
Emancipation in Colorado is not something that easily fits in a checklist. It is based on several factors and ultimately the judge uses discretion to weigh all of those factors and make a decision. The bottom line is whether the child can demonstrate a full ability and active effort to currently... View More
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