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Questions Answered by Michael Joseph Larranaga
2 Answers | Asked in Landlord - Tenant for Colorado on
Q: My landlord and my landlords current leasing agent is not named on my lease. Can they enforce an inspection of the prop?

My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?

Michael Joseph Larranaga
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answered on Mar 15, 2024

It depends. If the former agent was acting as an agent of the landlord then the lease should transfer to the new agent, sometimes. However, inspections are fairly common for both commercial and residential properties. It is probably not worth your time to hire an attorney to determine if they have... View More

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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: What rights do I have if my dad left no will, had no bills and my sister the oldest took charge of his estates ?

My sister the oldest who has handled all his estates has lied to me about him having life insurance, which I found out he did have one. She also won’t give me any of my dad’s belongings or part of the estate. So my question if there is no will left meaning no named benificiary then was was my... View More

Michael Joseph Larranaga
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answered on Mar 8, 2024

This is a complicated one.

If your father died with no will then everything subject to probate passes intestate. Life insurance is often not subject to probate but it can be. If it passes intestate, if you and your sister are your father’s only living relatives then you may be entitled...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Michael Joseph Larranaga
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answered on Mar 8, 2024

No, although it may be a bad idea.

I believe the Colorado Supreme court just approved a rule regarding licensed Legal Paraprofessionals. I am not sure if it has taken effect yet but it has been a highly contested item. You should look into what they can and can't do. If I recall, they...
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1 Answer | Asked in Real Estate Law and Contracts for Colorado on
Q: I have joint ownership of a small commercial building with my brother. Looking to seperate management and finances.

We are both 50% owners and it is under his management but I want to manage and own my half of the building and it's income. I'm not sure if there just gets too 'messy' and it is advised to simply sell a property instead, in a situation like this. Thank you.

Michael Joseph Larranaga
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answered on Feb 27, 2024

You most likely need a contract describing the relationship. In the alternative, you can potentially do a partition action to sell the entire thing. It just depends on what you would like to do, what the other party is willing to do, and so on. Either way, I would contact an attorney to discuss... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Michael Joseph Larranaga
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answered on Feb 19, 2024

If they are adult children then there is nothing to be done. They can block the number if they choose. But if it rises to harassment and defamation then it could give rise to other legal claims.

If they are minor children, and you have 100% custody and control then that is a different...
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2 Answers | Asked in Personal Injury for Colorado on
Q: Can I negotiate a larger settlement than offered by an insurance company that's offering the policy limit?

My wife was killed by a reckless driver. At fault driver's policy limit is 50k. Insurance has offered 50k. Can I negotiate a larger sum through insurance

Michael Joseph Larranaga
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answered on Feb 12, 2024

That is just the amount the insurance will pay on behalf of the driver. But the driver is still liable for the full extent of damages that they caused regardless if the insurance will only pay 50k. You most likely need to determine if the driver has additional assets such as houses, cars, bank... View More

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"

Does this statement transfer all rights from grantor to grantor's son?

Michael Joseph Larranaga
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answered on Feb 9, 2024

I agree with Mr. Avery. You did not include the important part of the granting clause. It is clear that a life estate is at play here but nothing else can be seen here.

If you want a precise answer, you need to hire a CO attorney. It is very unlikely anyone will give you legal advice...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a real estate Restrictive Covenant be amended by the HOA president without a discussion or vote by the community?

We have a Covenant which prohibits various farm animals etc and exempts normal household pets if they are “under the control" of the owner when on common property - no mention of a leash. A few months ago, the president of the HOA enacted a Rule and Regulation that dogs must be “on a... View More

Michael Joseph Larranaga
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answered on Feb 5, 2024

This is a hard one that would require some legal research. Hence, you may want to hire an attorney.

In general, a HOA president cannot change a restrictive covenant. That would require an agreement by all the landowners via deed. There is a very good reason why restrictive covenants are...
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1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on
Q: I had a valid quitclaim deed a was properly recorded would that have impact on 4closure if it wasn't acknowledged
Michael Joseph Larranaga
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answered on Feb 5, 2024

Based on your statement, probably not. You stated that the deed is valid.

For real estate transactions in Colorado, a writing and signature is required. The notary creates a presumption that the signature is valid. Hence, the signature is the important part. The notary is important if...
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2 Answers | Asked in Civil Rights for Colorado on
Q: How long legally do I have to move out after being in a relationship and living together for 10years?

I was able to find a new home on 1/8. I have worked to move most of my things. The things left behind need to be packed and moved to storage. I have asked for one week to get everything done 2/18-2/24, so that I may take off from work. My ex states this is not soon enough. I would like to know... View More

Michael Joseph Larranaga
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answered on Jan 29, 2024

It depends. If you have an ownership interest in the house, you don't need to leave. It's your house. If they obtain a restraining order then it is a different story.

It is possible you were common law married but more information would be needed.

I think you would need...
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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: I was served a writ of possession from October 2023 it is Dec I've been paying partial or whole rent amounts and only

Given a week to get out of the home is this legal

Michael Joseph Larranaga
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answered on Dec 29, 2023

This is a complex question. Off the cuff, I would be concerned with the week's notice. Typically, a tenant is given written notice then court proceedings are filed. Once a judgment is entered a writ of possession/ removal is entered by the court allowing the sheriff to remove the Tenant.... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Colorado on
Q: Can I use a Pellet gun for self defense in Colorado?
Michael Joseph Larranaga
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answered on Dec 20, 2023

From a general perspective, a pellet gun is not a good self-defense weapon. Having owned and used pellet guns before, pellet guns are typically used to hunt small game such as prairie dogs, rats, and so on. While it could theoretically deter a person and perhaps hurt them if you were to hit them in... View More

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Colorado on
Q: How to stop a sale of property after deceased
Michael Joseph Larranaga
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answered on Nov 13, 2023

This is a complicated legal question. Depending on how the deed is written, the property could already belong to someone else. For example, it is a joint tenancy with the right of survivorship. You most likely need to talk to either a real estate or estate attorney. If the property passed into the... View More

2 Answers | Asked in Real Estate Law for Colorado on
Q: I bought out my partner's ex from the home they owned. Now she claims I don't have any equity in the property.

The buy-out amount was calculated as (Home Value - Mortgage) / 2. She now claims because I didn't put any physical money down as you would in a downpayment, that she keeps all the equity in the property when we sell. My name is on title as joint tenant and partition action has been filed,... View More

Michael Joseph Larranaga
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answered on Nov 8, 2023

A better question is are you are the title? If so, then her equity argument might be out the window. In short, you need to talk to an attorney to determine if you have a property interest, what that might be, and so on. This could be a potential partition case, breach of contract case, unjust... View More

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4 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
Michael Joseph Larranaga
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answered on Nov 13, 2023

It should also be noted that different statutes of limitations will apply to different types of claims. IE, a personal injury case will be treated differently than a breach of contract case. Further, fraud can be a factor in when the SOL starts to run.

This issue confuses a lot of...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can my 15 year old transgender sibling choose to live with me without me having to fight my dad for custody?

My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I... View More

Michael Joseph Larranaga
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answered on Nov 6, 2023

While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives.

That being said, if there is clear physical or mental...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can tenants stop a default judgement after it has been granted
Michael Joseph Larranaga
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answered on Nov 6, 2023

The short answer is yes. Depending on your specific facts, it is possible. For example, if a person was not properly served and not provided an opportunity to be heard, that person in theory, could ask the court to set aside the judgment. Why? Because we have the right to due process in this... View More

2 Answers | Asked in Real Estate Law for Colorado on
Q: Can you reverse a quitclaim deed

If you own a home on your own and then sign a quitclaim deed to a new partnership as joint tenants, can you reverse the quitclaim deed and claim full ownership again?

Michael Joseph Larranaga
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answered on Oct 30, 2023

It depends on the situation. If there were no fraud, coercion, or contract then you would most likely need the new owner to sign the property back to you. That attorney needs to identify why you transferred the property. If you did so voluntarily then you may be out of luck. But again, walk... View More

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I am a half of a residential property in Colorado. Other half says I cannot enter the house. What are my rights?

The other 'half' owner of the property is in the hospital; his daughter has POA. She says I have no right to enter the residence until he passes away. Is this correct, or what are my legal rights?

Michael Joseph Larranaga
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answered on Oct 9, 2023

Typically, Joint Owners classified as tenants in common have a joint right to use the property unless there has been some sort of other side agreement, lease, or other. If the owner in the hospital has established that as their residence it may be a grey area.

Depending on what you own,...
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1 Answer | Asked in Gov & Administrative Law for Colorado on
Q: Can you help me find C.R.S. § 13-21-414. I have looked all over westlaw and google, nothing has turned up.

Looking for a Colorado Statute. Just to avoid any confusion.

Michael Joseph Larranaga
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answered on Sep 28, 2023

Is it possible that you have the wrong statute number? In Westlaw and Lexis, you should be able to pull up Colorado Revised Statutes, and pull Title 13 Article 21 to determine if that specific statute exists. Pay specific attention to the numbers. Colorado, reserves spaces so it is possible to jump... View More

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