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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Colorado on
Q: Can I ask the attorney what questions they will ask me at a deposition prior to the meeting?

I have a deposition approaching can I ask which questions will be asked ahead of time?

Michael Joseph Larranaga
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answered on Jun 19, 2024

It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.

That being said, there are very limited instances where your attorney may stop the...
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1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: What are Colorado laws regarding inheriting property held as tenants in common?

First owner died, has one living son. Second owner died with no descendants but has sister and brother.

Michael Joseph Larranaga
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answered on May 11, 2024

Typically, if no will exists then the state’s intestacy statute would govern. If you have questions you should contact an attorney.

You will most likely need to open probate and resolve any property issues that way. For Tenants In Common, ownership typically passes without regard to the...
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1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Colorado on
Q: can you share your political views in your classroom if you're a teacher in colorado

I have a political sign in my classroom and want to know if they can make me take it down.

Michael Joseph Larranaga
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answered on May 3, 2024

Aw, the question of does the 1st amendment apply in a classroom. The answer is that it depends. Private schools have no obligation to allow free speech. The 1st amendment only applies to government actors. Now some schools will permit such speech because it is good for the learning environment.... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can the landlord legally install video cameras inside my restaurant and monitor my activities?

Now lease agreement does not specifically addressed this issue.

Michael Joseph Larranaga
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answered on May 3, 2024

That is rather odd. Some leases provide for the Landlord to handle security but video cameras interfering with the operation of the business may be an issue. You may want to contact an attorney.

This could be a breach of quiet enjoyment or the implied covenant of good faith. I have never...
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1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: I hired a shop to restore a classic Mustang - they have been paid 120K and won't finish the job? What is my recourse?

With the last payment of 10 K, I told the shop owner that this is the last check, that if there is any balance, I would pay that when I pick the car up Originally, the owner of this shop told me the restoration would be between 70k and 100k- Were now over 135k (i've paid for parts) I... View More

Michael Joseph Larranaga
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answered on May 3, 2024

Reach out to an attorney. Unfortunately, car shops are not famous for their use of clear service contracts. If you agreed upon a price you may be able to enforce it. More likely, you agreed to pay an hourly rate. Either way, you may need to consider taking the car back and taking it somewhere else.

2 Answers | Asked in Stockbroker Fraud for Colorado on
Q: My wife and I invested our life savings with a financial planner. At high point our portfolio was near 440,000.

Today our portfolio is valued at 75,000. We are retired and this has greatly impacted our retirement. I can’t believe a planner would loose this staggering amount for a couple in retirement. I know there were risks but that is why we trusted a planner. Our record keeping has not... View More

Michael Joseph Larranaga
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answered on May 3, 2024

Stock trading is a risky business. That being said, financial planners typically are licensed and are subject to liability under a negligence standard. So if the financial planner was grossly negligent such as investing all your money into a single high-risk stock without telling you then they... View More

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is the rental increases every year really due to property value or is it just the land owner being greedy

Every year my apartment rent has increased by 120.00 a month. The office tells me it is due to the property values.

Michael Joseph Larranaga
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answered on Apr 19, 2024

It could be a combo of things including property taxes, inflation, or just greed. A good spot check is to take the new rental amount divided by the old rental amount and subtract 1 ((New Rent/ Old Rent) -1). That is the percentage your monthly rent increased. You can compare that to the prime rate... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

Michael Joseph Larranaga
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answered on Apr 19, 2024

I agree that you need to hire an attorney to figure things out. If you have a real easement meaning everything checks out then you can get an injunction to stop them from locking the gate.

If you do not have a recorded easement then you have a big problem that you need to address with an...
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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

Michael Joseph Larranaga
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answered on Apr 19, 2024

Contact an attorney to discuss your facts. If you exchange money, then you may have a few options. But either way, if a deed was not recorded, filed, or signed then it is an uphill battle.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be...
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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

Michael Joseph Larranaga
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answered on Apr 19, 2024

I think the question would revolve around if you accepted any type of payment for allowing them to stay. If you did, then they may be considered a Tenant. If you just allowed them to stay as a guest, then maybe not.

As Mr. Boyle said, the devil is in the details.

Please be aware...
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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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