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1 Answer | Asked in Estate Planning, Family Law, Tax Law and Probate for Colorado on
Q: Are beneficiaries of a trust entitled to a copy of the trust in Colorado

My father passed away in 2023. He told my sister and I we were beneficiaries to the trust prior to his passing. My step mother, the trustee, refuses to provide us with a copy or show us the trust or any of its contents.

I am not able to find a copy of his will, trust or probate in public records.

James L. Arrasmith
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answered on Aug 5, 2024

In Colorado, beneficiaries of a trust are generally entitled to information about the trust. This includes a copy of the trust document. Your stepmother, as the trustee, has a duty to provide beneficiaries with enough information to protect their interests.

You should request a copy of the...
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1 Answer | Asked in Car Accidents for Colorado on
Q: Does there have to be a breached contract to make a case in regards to a car accident with an uninsured driver? There

I didn't call the police and I couldn't come to an agreement with the at fault driver. There was no injuries.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

A Colorado attorney could advise best, but your question remains open for over a week. Until you are able to consult with a local attorney, the short answer to your question is "no." It isn't a claim based on a contract theory of law; it would be based on negligence. If a contract... View More

1 Answer | Asked in Federal Crimes, Constitutional Law and Construction Law for Colorado on
Q: Where to find a Rico lawyer and what evidence is needed

Plenty of information id rather not say online

James L. Arrasmith
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answered on Aug 5, 2024

To find a RICO lawyer in Denver, CO, you should start by contacting your local bar association. They can provide referrals to attorneys experienced in handling complex federal crimes, including RICO cases. Additionally, you might want to look for legal directories online that list lawyers by their... View More

1 Answer | Asked in Estate Planning for Colorado on
Q: can someone please give me a link and a few steps of instruction for getting a Denver County (colorado) deed.

I have not been able to navigate the colorado clerk website to find deeds thank you.

Anthony M. Avery
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answered on Jul 24, 2024

Hire a CO attorney to draft and record that Deed. Do not use a form. Your mistakes could be catastrophic, and possibly uncorrectable.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Colorado on
Q: Assistance Needed for Housing Discrimination

I have received a notice asserting that my service dog was unleashed and that I failed to clean up after it within the designated pet relief area. I categorically deny these allegations.

In support of my position, I possess text message evidence from a HOA employee named Juan, corroborating... View More

James L. Arrasmith
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answered on Jul 28, 2024

I'm sorry to hear you're dealing with this situation. You have strong evidence with the text messages from Juan that support your claim of responsible behavior with your service dog. Presenting these messages shows that you take the HOA's rules seriously.

Mr. XX's...
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1 Answer | Asked in Tax Law for Colorado on
Q: Should I use money from sale of property to pay down my mortgage.

I want to avoid capital gain taxes as much as possible.

James L. Arrasmith
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answered on Jul 23, 2024

Using money from the sale of property to pay down your mortgage can be a wise move, but it requires careful consideration of your overall financial situation. Paying down your mortgage can reduce your monthly expenses and the amount of interest you pay over time. However, it's important to... View More

1 Answer | Asked in Civil Rights and Health Care Law for Colorado on
Q: Can a counselor go through my medical records from a previous counselor to do an investigation on me prior to being seen

Without my knowledge or medical consent. And this is in reference to mental health counseling- outpatient

James L. Arrasmith
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answered on Jul 27, 2024

No, a counselor cannot legally access your medical records from a previous counselor without your explicit consent. Privacy laws, such as HIPAA in the United States, protect your medical information and require that you give written permission before your records can be shared between healthcare... View More

1 Answer | Asked in Tax Law for Colorado on
Q: Do panhandlers need to claim income for digital donations (ie: Applepay)?

I found myself with a surplus of old iPhones and Apple Squares. I had the idea of providing my local un-housed population with the phones and squares to make it easier for people to give them money. After supplying the phones and squares, I would like a small percentage of the transaction to go to... View More

James L. Arrasmith
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answered on Jul 18, 2024

Providing old iPhones and Apple Squares to the un-housed population for digital donations is an innovative idea, but there are several legal considerations. First, you need to ensure that your activity complies with local laws and regulations. It's advisable to consult with a local attorney to... View More

1 Answer | Asked in Family Law and Small Claims for Colorado on
Q: is it illegal for my grandmother to open my package and take some?

I (15 year old) have been earning my own money and decided to use this money to buy a variety of items off amazon. I was on a vacation recently when the packages arrived and because my grandmother (legal guardian) was home i explicitly told her to not open them and just leave them in my room. When... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like a frustrating situation you're dealing with. While it might not be illegal for your grandmother to open the packages since she is your legal guardian, it is definitely a breach of trust, especially since you specifically asked her not to open them. As your guardian, she does... View More

2 Answers | Asked in Personal Injury for Colorado on
Q: We lost a family member because of asbestos exposure. Can we still put in a claim even though he's passed away?
Paul Danziger
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answered on Jul 8, 2024

Yes, once a victim dies, it becomes a wrongful death case. There is a time limit that ranges from 1 to 3 years after the date of death. Feel free to contact me for a free consultation.

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1 Answer | Asked in Tax Law and Business Law for Colorado on
Q: Can I employ people for my startup and give them partial ownership of the company in lieu of cash (for now at least)?

I live in Colorado, one of these people is only 17 (my brother, trained in CAD), and as of now the business is literally just me making prototypes in my room, I havent filed anything with the state in terms of LLC or whatever (yet)

James L. Arrasmith
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answered on Jul 18, 2024

Yes, you can employ people for your startup and offer them partial ownership of the company instead of cash, but there are some important considerations. First, you should formalize your business structure, such as creating an LLC or a corporation. This protects you and your employees and clarifies... View More

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: If I wanted 2 call a podcast summarizing a nonacademic dnd game "[dnd name] sparknotes" would that violate copyright

the podcast would be sponsored, and the dnd game would be my own.

James L. Arrasmith
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answered on Jul 18, 2024

Using the name "[dnd name] sparknotes" for your podcast could potentially lead to trademark issues. "SparkNotes" is a well-known trademarked brand, and using it in your podcast title might be seen as implying an association with or endorsement by SparkNotes. This could result in... View More

1 Answer | Asked in Civil Rights for Colorado on
Q: Alaska offers a 1 time Vetern discount for Over The Counter land bids. Discount is 25%

Only Alaska Veterns qualify.

How can Alaska justify giving this offer to just Alaska Veterns?

All veterns are equal, and we all deserve the same benefits for our service.

James L. Arrasmith
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answered on Jul 28, 2024

Alaska's decision to offer a 25% discount on land bids exclusively to Alaska veterans is likely rooted in a desire to support those who have served the state directly. By focusing on Alaska veterans, the state aims to retain and reward those who have a strong connection to Alaska and have... View More

1 Answer | Asked in Consumer Law and Health Care Law for Colorado on
Q: Am I required to use a health insurance agent I contacted through a phone call?

I'm looking to buy health insurance and I contacted a health insurance company to see if a doctor was in their network. A health insurance agent answered the phone and asked me some personal info and asked me if I agreed to have her as my only agent. If I agreed over the phone to have her as... View More

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2024

A Colorado attorney could advise best, since consumer protections for insurance transactions usually involve state laws. But your question remains open for two weeks. Until you are able to consult with a Colorado attorney, one option is to check with the Dept of Insurance in your state. Most states... View More

1 Answer | Asked in Uncategorized for Colorado on
Q: A RV was left on BLM land and towed. I am not the owner, but was given a 2,700$ tow ticket

Because it was previously seen at my home. I did not drive it there I had nothing to do with it. How can the BLM ticket me?

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

They think you are the owner and drove it there. Request a hearing and prove you aren't the owner and testify that you did not drive it there.

1 Answer | Asked in Adoption, Family Law and Immigration Law for Colorado on
Q: I Adopted child from foreign country and planning to apply dual citizen would this matters concerning?

I'm American from naturalization and want to apply dual citizenship. I have adopted child and all the paper works from foreign country was done. im planning to get him and bring him here. right now I applied for dual citizenship (2 weeks from now), if I will file for dual and my adopted son is... View More

James L. Arrasmith
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answered on Jul 18, 2024

Applying for dual citizenship should not directly affect your adopted son's status in the United States. As long as his adoption paperwork is complete and you follow the necessary steps to bring him here, his path to becoming a U.S. citizen or permanent resident should remain intact.... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: I was stopped for speeding. 52 in a 30. Seems fast to me but I'm not contesting I was going faster than the S. Limit.

Should I go to court and talk to the judge about lowering points (possibly the fine too)? I've lived here (in CO) 10+ years & have never received a ticket. I'm normally a cruise control guy & don't speed. I support a family of 6 on 1 income (mine) and I drive for work... View More

Kimberly Diego
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answered on Jul 5, 2024

It would be the prosecuting attorney to whom the request for the reduction in points could be made. You may improve your probability of getting a suitable reduction by proactively engaging in a traffic class offered through court approved providers such as CIMA or ISAE. Different jurisdictions... View More

2 Answers | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

Kimberly Diego
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answered on Jul 5, 2024

As the victim in the case you do have rights under the VRA. You have the right to appear at his next court hearing and tell the Judge that you disprove of the resolution and why you disprove. In some instances, but not all, this can mean the Judge rejects the agreement of the parties.

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1 Answer | Asked in Tax Law for Colorado on
Q: IRS taking 10+ weeks to return my money wrongfully taken out. Can I sue?

I owed and payed off but they took the sum out again even though I already paid. Have contacted them several times by phone and tried to make in person meeting but they are booked out the next 60 days. Tried to fax a form 911 for TAS to help but getting error messages for their fax number. Called... View More

James L. Arrasmith
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answered on Jun 27, 2024

While I understand your frustration with this situation, here's an overview of your options and some considerations:

1. Suing the IRS:

It's generally not advisable to sue the IRS over delayed refunds or processing errors, especially within this timeframe. Courts typically...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: After 110 days, a Dr. called today. She has tried to reach my attny for "weeks" to set up a competency eval. What now?

Competency was raised by my public defender back in March. Since that time, a medical exam by experts proves I am innocent of this misdemeanor charge. However this report was never given to the prosecution or brought up to the court. After 110 of anxiety-filled days the doctor called me and said... View More

James L. Arrasmith
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answered on Jul 21, 2024

It’s essential to address your concerns about ineffective counsel and the competency evaluation with urgency. Start by documenting all communication attempts and issues with your attorney, including the call from the doctor. This documentation can be crucial for your case.

You should...
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