Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michael Joseph Larranaga
3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a law firm have to disclose if an "attorney" is not licensed in the state in which they practice law?

I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

In most cases here in the state of Colorado, you need a license to practice law. There are multiple exceptions to the rule but you should check into it. This is particularly important for domestic cases since you would normally be in front of a judge. I would find it odd if they did not have some... View More

View More Answers

1 Answer | Asked in Real Estate Law for Colorado on
Q: My brother and I co-owned a townhouse in Colorado which we used for rental property. My brother signed the leases.

I want to sell the property because I am 8 hours away. Is the lease still valid? Do I have any way out?

* My brother recently passed away.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2023

That is a very complicated legal topic. You should contact an attorney.

1st they need to determine who owns the house. Then you need to look at not only the validity of the lease but if you accepted any payments. Next, it depends. But in short, it may not be wise to kick out a potential...
View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: who has say over property deeds after owner passes away
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023

It really depends. If the property is owned as joint tenants with right of survivorship, ownership can pass by operation of law without any court involvement. In other instances, probate may be required. Regardless, property ownership is riddled with legal complexities. If you do not know the... View More

View More Answers

1 Answer | Asked in Real Estate Law for Colorado on
Q: I have a rental property with an existing mortgage in Colorado. Can I add my son as a joint tenant on the deed ?
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

It depends. I know everyone hates that answer.

In general, if you own a piece of real property, you can add another person as a Joint Tenant. But depending on state law, if the mortgage is a deed of trust or other, the terms of the contract and so on, changing ownership can be an issue....
View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Colorado on
Q: Our city has a community garden enclosed by a fence. Egress requires a key. Is this permissible?

EDITED: Thank you for the reply. However, the question is not about be excluded from entering, it’s about being blocked from exiting.

City residents can rent a plot for gardening. Each gardener is given a key. The community garden is enclosed with a fence with 2 gates. The gates lock... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2023

If it is city property then they may have a right to exclude people from their property. It depends on why you are asking, which city, is it open to the public, and so on.

If they are excluding you because of something like race or gender then it could be a big problem. But if is because...
View More

1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Small Claims for Colorado on
Q: Looking for solace and answer's in this Messy divorce, I'm open to suggestions on how to pursue legally?

ex-wife felt like telling all our neighbors and even the police that I physically and emotionally abused her. I separated from her because I had enough of the blame someone else for your problems attitude. She even went as far as getting help from a domestic abuse line in which they assisted her... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2023

This is a hard one particularly because you are dealing with a sensitive topic.

No one wants to say that a domestic violence victim was not a victim but a liar. That being said, it does not mean it is impossible to prove. The real issue comes down to public perspective. A strong case can...
View More

1 Answer | Asked in Civil Litigation, Divorce and Family Law for Colorado on
Q: What determines common law marriage in the state of Colorado? We bought a home and were together for 9 years

I filed for divorce and his attorney filed that we are not common law married.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2023

Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... View More

3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

Good morning,

I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are...
View More

View More Answers

3 Answers | Asked in Contracts for Colorado on
Q: Do contracts hold up in the court of law in Colorado? Can a person write a contract if it does not obey the law?

Constitution makes a statement about the general assembly, not imposing upon the obligations in a private contract. Wouldn’t that be in to fair to say that the law cannot thwart the obligations in a private contract? Or can the law superceede any contract? What if the parties are not obeying the... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

Contract Law and the constitutional do overlap. It’s a give and take. While most contractual provisions may be valid, the state does have a considerable amount of power under the police power to affect contract law. Each state has the power to write laws to support public wellness. If a law is... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: How do I find out if my mother had a will? She died in 2020.
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

Thats a hard one because people store their wills in different locations.

I would start by digging through the house, safes, deposit boxes, and so on. If you can't find it, then you need to broaden your search.

You may wish to start checking with public sources where your...
View More

2 Answers | Asked in Criminal Law and Personal Injury for Colorado on
Q: How would someone, attempting to commit suicide, jumped off a building then landed on and killed someone, be tried?

This is assuming the jumper survives and is in a condition in which they can appear at court

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2023

Agreed. This is an awful hypothetical but something you may see in a law school practice book. I will approach this as if it could be a practice question for law school. Please note that I do not practice criminal law but I am always up for a lively discussion.

If there is no intent to...
View More

View More Answers

2 Answers | Asked in Civil Litigation for Colorado on
Q: My Dad’s life insurance paid me $40,000. Insurance co claims they paid me double. What do I do? I don’t have the money.
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

Good afternoon,

I would suggest pulling a copy of your dad’s life insurance policy and contacting an attorney.

You need to identify who the beneficiaries are on the policy. If you are truly owed $80,000 and they only paid $40,000 then you may have a claim for legal action. But...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: My mother passed away and left the family home to her children. There were 5 siblings. 3 quit claimed their interest.

Three were paid off when sibling 1 took out loan. Sibling 2 was in prison and quit claimed but never got their share. What is the best way to fix this situation? Three siblings have no ownership. Sibling one and two have different percentages of ownership but nothing in writing. Sibling 2 currently... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

If the property has already gone through probate and the personal representative distributed all the deeds, then there are numerous options including a partition action, contract negotiation, or other.

If the property did not go through probate, then that may need to happen so the deeds...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a property manager amend a lease in placement of a landlord?

I am a disabled veteran that has been directed by a medical professional to move closer to family due to my medical conditions worsening. My new lease does not start for another 40 days. Can i void this lease with a written letter from the doctor?

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2023

In terms of the property manager, it depends. Typically, the landowner will give the property manager power of attorney or authorization to perform certain activities on their behalf. It is not uncommon for a property manager to sign leases on behalf of the property owner. It just depends on the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: I a the president of our neighborhood hoa. An owner has built an addition on his property. How can we get it removed?

There is an owner who has built a "screened in porch" off the side of his house, but he built it on the common area, which he does not own. The HOA owns all common areas. I have the papers that show the property lines, and he has definitely built the room on hoa property the... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2023

Good afternoon,

The HOA will most likely need to file a lawsuit against the property owner. If the structure is on HOA property, then it may fall under trespass law. In the alternative, it may be a breach of covenants. Regardless, if they are not moving it on their own then you may need to...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My Grandson signed a lease with his roommate. The roommate is now spending his portion of the rent on drugs

My Grandson is now paying for himself and roommate. What are my Grandson's options ?

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2023

You should probably have your grandson talk to an attorney.

His roommate’s actions could constitute theft, unjust enrichment, or other. The lease will govern much of what your grandson can do. Just generally, your grandson may wish to move out. Heavy drug use often leads to bad...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can an apartment complex change the date rent is due before being charged a late fee, from the date in the lease?

My lease says I have until the 8th of each month, but my complex says they've changed the date to anytime after the 1st.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2023

As with all legal questions, it depends.

CO has very recently passed certain laws relating to late fees. The change may be an attempt to comply with that law. But it sounds like they may be moving in the wrong direction. If they start to charge you late fees then you may wish to reach out...
View More

1 Answer | Asked in Personal Injury for Colorado on
Q: My daughter had a slip and fall accident in Colorado but lives in Florida. Can she retain an attorney in Florida ?
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2023

It depends. Determining where a case must be brought, can be brought, and who can practice in front of those courts is a question of law. Therefore, you need to talk to an attorney, maybe in both states.

That being said, here are a few comments to aid in your search for an attorney....
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for my landlord to tell me about his other tenants and vis Versa with out my consent

My landlord is telling his other tenant's all my business about eviction

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2023

Free speech is generally protected by the 1st amendment. That being said, the 1st amendment does not protect all types of speech. It has long been recognized that false statements may give rise to a legal claim for defamation. While not criminal in nature, false statements can give rise to civil... View More

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: When having a person served papers do you have tp use a process server or sheriff.

My ex tried hand delivering papers to restrict my parenting time

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2023

No. Process service is governed by the Colorado Rules of Civil Procedure for cases filed in CO state court. While a sheriff is an option, CO permits non-parties to complete service provided they comply with the requirements.

Parties typically are not allowed to serve items that require...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.