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Questions Answered by Kevin Michael Strait
2 Answers | Asked in Estate Planning for Colorado on
Q: Hi there. This is a Colorado question. General or durable financial POA. Thank you kindly!

Can someone in Colorado who is a financial POA with no restrictions contact the principal's insurance company to find out if the principal has paid their premiums?

Kevin Michael Strait
Kevin Michael Strait answered on Apr 13, 2022

In Colorado, a general power of attorney (PAO) gives broad powers to the "agent" allowing the agent to do things on behalf of the "principal". Common tasks are financial transactions, real estate transactions, paying bills, opening mail, and signing documents. The agent only has... Read more »

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1 Answer | Asked in Real Estate Law and Business Law for Colorado on
Q: Can I raffle off a Colorado business that holds a 19 acre track of land in Colorado?

The business has no other assets sales or income.

Kevin Michael Strait
Kevin Michael Strait answered on Mar 31, 2022

Holding a raffle in Colorado is a regulated activity and requires a license issued by the Charitable Gaming Section of the Secretary of State’s office. A raffle can only be conducted by a legitimate, registered charity with an active non-profit registration in Colorado. In fact, the charity must... Read more »

1 Answer | Asked in Intellectual Property for Colorado on
Q: I'd like to get any info on how should I act not to violate design rights.

I am an Amazon entrepreneur. We manufacture picture frames using the names and team colors of NFL teams. We received notification about intellectual property violations. Amazin indicated it as design right infringement. But there were no logos, only team colors. I’d like to know where I can check... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Mar 25, 2022

Football logos are protected by trademark law. Trademark protection is recognized in the first user of the logo to associate the logo with good or services in a marketplace. The protection of that logo is automatic, but limited. For a larger set of legal protections, the logo owner should register... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Arbitration / Mediation Law for Colorado on
Q: Bought a home through champion homes. paid for it ,said it would ship in 2 week its been 6 and cant get any help

The broker stopped after the deposit and took $19000 off the top in Feb 2021and stopped working on my behalf, had to go to another dealer for help or to his boss , who is who I dealt with, but there is Money issues that I didn't get credit for said they would sell home if payment wasn't... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Mar 23, 2022

You are buying a modular or manufactured home in Colorado. The law covering this purchase is a combination of contract law for the sale of goods and real estate law. Your purchase should have come with a sales agreement that clearly states the sales price and the delivery date. Even a statement... Read more »

1 Answer | Asked in Probate for Colorado on
Q: My boss recently died and I had been living with him for about 7 months. Do I have some sort of rights to get my stuff?

One of my bosses friends girlfriend has somehow been put in control of his estate and won't allow anyone to even go on the property. She let me go there once to get his poor dog that was locked in the house but told me I couldn't take anything. I have quite a bit of stuff there and am... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Mar 22, 2022

You deserve access to your personal property. You do not automatically lose rights to your property when the owner of the property passes away. Look at Colorado Revised Statute § 30-40-101(1)(II)(C) which essentially states that a person "previously given permission to enter and remain on the... Read more »

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: Many businesses are creating "staffing agencies" to provide labor only to businesses they own - what are the advantages?

Working in workers' compensation in Colorado, we have noticed recently a large number of businesses creating "staffing agencies" where they provide labor only to their own businesses, not to other client companies (so technically not staffing for our purposes). We had never seen... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Mar 21, 2022

Business strategists and corporate attorneys sometimes recommend wholly-owned staffing subsidiaries. A parent company will own several businesses of the same kind and own a staffing company. This business structure makes sense when there are multiple locations that all operate in substantially the... Read more »

1 Answer | Asked in Employment Law, Tax Law and Business Law for Colorado on
Q: I'm curious what I would need to do, legally, to be able to have a vendor booth at biker rallies in different state

I currently own and operate a tour company in Colorado and have a vendor booth set up here. I would like to be able to travel state to state to different biker rallies with my booth and be able to be a vendor in different places throughout the Summer.

Kevin Michael Strait
Kevin Michael Strait answered on Mar 10, 2022

Unless you become a part of a single organization that has already arranged rallies is various states, you will need to register with each rally you pan to attend. Each state (and each county or city) will expect you to hold a license to do business in that state and collect sales taxes. You may... Read more »

1 Answer | Asked in Business Law for Colorado on
Q: Is it legal to set up a home business in a camper that is in a driveway of a rented lot that is not your residence?

I live in a mobile home park and my neighbor has allowed her daughter who lives in a different town to set up a camper in their driveway of a rented lot to prepare taxes for people. I'm fairly certain that she does not have a home business licence for this as it is not her residence. Is this legal?

Kevin Michael Strait
Kevin Michael Strait answered on Feb 28, 2022

Colorado allows home-based businesses, but each county sets rules on the permitting process. Without knowing which county or which set of home business rules to apply, it is hard to say if a camper in a driveway is an unacceptable way to offer tax preparation services.

As a general...
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2 Answers | Asked in Probate for Colorado on
Q: According to Colorado intestacy laws, Is an adopted child still qualified as a beneficiary, if they were emancipated?
Kevin Michael Strait
Kevin Michael Strait answered on Feb 27, 2022

An adopted child is considered the same as a biological child for inheritance from a parent with no valid will. Look at Colorado Revised Statute § 15-11-103 for a list of heirs of a deceased person with no surviving spouse and no will to designate a beneficiary. A deceased person's wealth and... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Colorado on
Q: Can I sue someone for breaking my car window. Even though it’s been over a month?

Hi. It is 2-21-22. On 1-12-22. An intoxicated passenger of mine ripped out my manual cranks for both back windows. After rolling down the windows. Then got out and took my door and slammed 3 times hard enough until the window shattered inside the door. I didn’t call the police on account I had... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Feb 21, 2022

In Colorado, yes you can sue someone for money to compensate you for damage to your vehicle. Colorado counties have general district courts that will allow small claims lawsuits. Colorado statutes § 13-6-403 limit the claims in small claims court to $7,500 total. Your claim for money owed by this... Read more »

1 Answer | Asked in Intellectual Property for Louisiana on
Q: I just found out my grandfather had a patent. How could I research if his intellectual property has been used?

patent # 2,746,620

Loading device for elevated platform

Kevin Michael Strait
Kevin Michael Strait answered on Feb 18, 2022

Your grandfather's patent is US2746620 and was granted in May of 1956. https://patentimages.storage.googleapis.com/0c/62/fa/ea6fb18d961575/US2746620.pdf

While your question centers on finding anyone using this technology, you may be wondering if anyone using the technology is paying a...
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1 Answer | Asked in Estate Planning for Colorado on
Q: How do you remove someone from a deed and car title that you no longer want them on it and they want to contest it.

My dad wants to remove my son from deed and titles. He has had to get a protection order against him. My mom wanted him on the deed and titles. My mom has passed and my dad wants to cut him out of everything.

Kevin Michael Strait
Kevin Michael Strait answered on Feb 11, 2022

Colorado recognized joint ownership of vehicles. Check with the rules for your county; try typing in the name of your county/state and "joint vehicle registration" for help. For example, our office is in Larimer County, which posts this information:... Read more »

1 Answer | Asked in Estate Planning for Colorado on
Q: I want to change my trust document to give my corporation to a person upon my death.

I want to change my trust document to give my corporation to a person upon my death. How do I complete the sentence?

If assets of XYZ Consultants are a part of the Trust Estate Trustee shall

Kevin Michael Strait
Kevin Michael Strait answered on Feb 3, 2022

Closely-held corporations in Colorado own assets in the name of the company even if the company is owned and operated by one person or a family. To use your example, the assets of XYZ Consultants would remain in the business if the owner of a single-member LLC died. Only if the business is... Read more »

1 Answer | Asked in Business Formation for Colorado on
Q: I have a masters degree in architecture and have not taken my licensing exams. can i use "architectural designer" title
Kevin Michael Strait
Kevin Michael Strait answered on Feb 1, 2022

In Colorado, the state government regulates the license of architects through the Department of Regulatory Agencies, under the division of Architect, Engineer and Land Surveyor licenses. There are regulations for architects under C.R.S. § 12-120-401 et seq. Most relevant to you are the laws §... Read more »

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Business Formation and Business Law for Colorado on
Q: If I own a vehicle and would like to rent it out for profit, can that individual use vehicle themselves for profit?

I charge someone to rent my vehicle. They then use vehicle for Ride Share App then return vehicle after 6hr.

Kevin Michael Strait
Kevin Michael Strait answered on Jan 31, 2022

I see that you are in West Virginia but asking about laws in Colorado. The Colorado law supports you leasing your automobile to someone who then uses it for profit. Leasing an automobile to another person or business can be done at a profit to yourself (just be sure to tell your CPA about that... Read more »

1 Answer | Asked in Business Law for Colorado on
Q: Can I use the same LLC for both a freelance photography business and a separate ecommerce business?

I already have the photography LLC. Can I operate the ecommerce business under that or do I need to get a new LLC? Can I just change the name of my current LLC to drop the word photography?

Kevin Michael Strait
Kevin Michael Strait answered on Jan 27, 2022

In Colorado, yes an LLC can generally add new areas of business without having to form a new business entity. Most LLCs are formed for broad purpose under the broad language of CO Rev Stat § 7-80-103 (2020). An LLC can engage in "any lawful business, subject to any provisions of law governing... Read more »

1 Answer | Asked in Business Law and Communications Law for Colorado on
Q: Can more than one therapist be listed on the mandatory disclosure statement? I.e., all the therapists at one practice?
Kevin Michael Strait
Kevin Michael Strait answered on Jan 26, 2022

A mental health practice in Colorado must comply with Colo. Rev. Stat. § 12-245-216 (some older forms will have the old code section as § 12-43-214, but that is no longer the current law). The code section requires a mental health care provider to give each patient a form detailing the... Read more »

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: I belong to an artist co op that is set up as a not for profit corporation. Can we post "calls for artist" on our web

Currently we find new artists (who are shareholders and purchase their share for $50 when they join. that $50 is refunded to them when they leave) by accepting applications from our website or from artists who come into the gallery, we also find new artists at art fairs. We would like to post a... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Jan 22, 2022

Colorado business can be for-profit, not-for-profit, or a benefit corporation. For-profit corporations and benefit corporations can invite folks from the public to become shareholders, but must obey some fairly complicated rules about advertising stock, publishing a prospectus, and following... Read more »

1 Answer | Asked in Estate Planning for Colorado on
Q: Must a living trust mention future proceeds from accounts where the trust is the beneficiary (life ins, POD acct, etc.)?

I understand that a living trust must be funded, for example, by assigning interest in tangible property, assigning vehicle title, changing ownership of financial accounts to the trust, and that these items are listed as the property of the trust. My question is about assets that would transfer to... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Jan 22, 2022

In Colorado, all trusts have four moving parts: a creator, a manager, a beneficiary, and some valuable assets. The valuable assets in the trust (called the "res" in some legal reference materials) are often just listed as "a dollar, and any other assets transferred in the... Read more »

1 Answer | Asked in Small Claims for Colorado on
Q: Can I be taken to small claims court for a bill I have no proof of?

I was on a family phone plan with my ex-roommate. After a month of asking her to release ownership to me she finally put in the request. However she states that I owe her for this last bill. But she is refusing to send me a copy or photo of the bill proving the amount. Prior to me moving out Ialso... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Jan 22, 2022

You ask a great question that has two parts. I'll answer from a Colorado state law perspective. (1) When you ask "can I be taken to court for a debt with no proof" the answer is yes, you certainly can be sued by someone claiming a fact they can't prove at the time they file the... Read more »

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