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Colorado Questions & Answers
1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Colorado on
Q: my wife served me with divorce papers. She began stealing both our accounts and our business account we are still marr

We are still married as the judge continued the divorce until July. I was wondering while we waited, how I can get my money back, as she stopped checks to both my lawyers, leaving them unpaid, and me in a financial burden. I believe she also used my signature to take me off an account, yet not... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 26, 2022

You should consult with your existing lawyers re how best to proceed.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is a landlord supposed to provide housing if rental house has plumbing issues and needs tenants to vacate premises?

I am currently being asked to vacate my rental room due to plumbng issues in the house. Is the landlord supposed to provide temporary housing while the plumbing issue gets fixed?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 26, 2022

What does your lease say in this type situation? If it is silent, then no.

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 Landlord - Tenant for Colorado on
Q: My security deposit of $1,032 was withheld for over 90 days without reason from my landlord. I kept getting excuses

Every time I called. Can I collect damages from them for going well beyond the 30 days there were supposed to return my security deposit?

Donald C Eby
Donald C Eby answered on Jan 25, 2022

A landlord who wrongfully withholds the security deposit may be subject to damages of 3X the amount and attorney fees.

1 Answer | Asked in Real Estate Law and Tax Law for Colorado on
Q: How do I sell a 0.26 acre lot left behind in Pueblo County, CO after my parents’ passing?

I have two sisters that want me to sell the lot and split it three ways. I don’t want to be liable for the taxes in their entirety after the sale. What kind of document do I need from them before I can sell the lot? How do I avoid the entire tax liability? Neither of us want the lot.

Thank you.

Agustin  Arbulu
Agustin Arbulu answered on Jan 25, 2022

This is an important question posed. As I understand it your parents left you and your sister a piece of property. I am assuming the property was to be owned jointly with your 2 sisters. Further I am assuming the property is in your name for convenient purposes (like to avoid probate). If that is... Read more »

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: With no will , if I pay off my brothers truck loan will the truck become mine or does it have to go to his estate?

His estate is in probate and nobody was beneficiary on truck loan . But has 2 kids that dont want the truck and cant pay off the loan.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2022

You can make an offer to buy the truck from the estate for an amount equal to the amount to pay off the loan. Make sure the estate does in fact use the cash to pay off the loan, of course.

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 »

1 Answer | Asked in Bankruptcy for Colorado on
Q: I installed solar in April and now find out the company is going bankrupt. (Empire Solar Group, Chapter 7, Salt Lake Ciy

Will this effect my warranty? My rebate? Do I have to join this lawsuit? I have until 1/28/22 as the deadline. Case # 21-23636

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 21, 2022

In a corporate Ch. 7 case, the corporation almost always ceases operation immediately, terminates its employees, etc., and a bankruptcy trustee steps in and liquidates the assets of the business.

Under these circumstances, your warranty is pretty much worthless. There's nobody there...
Read more »

1 Answer | Asked in Business Law and Small Claims for Colorado on
Q: Do I have a legal right to file a claim for money owed in Small Claims Court?

I am a co-owner of a business here in Colorado. The business is based on a Verbal Agreement between me and my partner. He had a Verbal Agreement with our client to get paid on a monthly basis for our services. Our client paid us per our Invoiced amount up until Jul 2021. He is now in the rears... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Jan 20, 2022

If you do not have a business entity (like an LLC or a Corporation) and your business is based on a verbal agreement and no formal arrangements, then you are likely in a "general partnership." A general partnership is the legal relationship between partners that operate a business with no... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: Hi i have questions about a divorce i filed for i was 15 when i met my husband and he was 32 now divorcing

The time we were together not only was i not old enough to work but when i was he didnt let me he said only whores worked especially when they had a man to take care of them and then when i had kids and told him i wanted to work he said whores that wanted to get away from their kids wanted to work... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 20, 2022

You may be eligible for maintenance and child support in the divorce. This will depend on his income compared to yours. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I’m a single mother to a teenage, special needs son. I’m looking for child support and a parenting plan.

Father and I have never been married, never been to court, have zero agreement. Recently, father started paying $300 a month in child support, although I have 100% parenting time. Father can afford more but is unwilling to pay more or help with groceries or utility bills, doesn’t pay for... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 19, 2022

You should file a court case to get these things in place. Child support can be set based on the respective incomes of the parents. A parenting plan can be established in accord with the best interest of the child. You should get a lawyer to help you with this.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: In Colorado, a Will can be notarized without being signed by witnesses. Is such a will considered "self-proving"?
Kevin Michael Strait
Kevin Michael Strait answered on Jan 17, 2022

In Colorado, a self-proving will must conform to Colorado Rev. Statute § 15-11-504 and does require two witnesses. Any will, notarized or not, that did not have witnesses is not self-proving. While it is possible to form the self-proving feature after a will is otherwise formed, it is most common... Read more »

2 Answers | Asked in Immigration Law for Colorado on
Q: I want to travel to miami but I’m undocumented
Agnes Jury
Agnes Jury answered on Jan 17, 2022

See here for good information: https://immigrantsrising.org/resource/guide-for-undocumented-individuals-traveling-in-the-u-s/

Best wishes!

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

Sabra M. Janko
Sabra M. Janko answered on Jan 17, 2022

You would have to have the other parties cornet or a court order.

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1 Answer | Asked in Divorce for Colorado on
Q: In Colorado is a spouse entitled to monies from the SBA covid business loan in a divorce?

The business is solely mine. I received a sba loan for covid in July. Im am divorcing and am curious if he can take my money in the divorce.

Sabra M. Janko
Sabra M. Janko answered on Jan 15, 2022

The loan can only be used for certain business purposes and is not marital property to be divided in a dissolution.

2 Answers | Asked in Copyright and Trademark for Colorado on
Q: Need to know if I am allowed to us an alias name for a musical artist career.

The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.

John Martin Hilla
John Martin Hilla answered on Jan 12, 2022

You certainly can use an alias or stage-name for your musical career. That name can also be registered as a trademark under the right circumstances.

I am a former professional musician-turned-trademark lawyer, and I specialize in assisting musical artists across the country with trademark...
Read more »

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2 Answers | Asked in Copyright and Trademark for Colorado on
Q: Need to know if I am allowed to us an alias name for a musical artist career.

The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.

Kevin Michael Strait
Kevin Michael Strait answered on Jan 20, 2022

Yes, you can use a stage name that is a word or phrase that already exists in another line of business. Trademarks and, more generally, the words and phrases you use to distinguish your performances, are subject to a broad legal test that focuses on likelihood of confusion. The confusion in... Read more »

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1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for Colorado on
Q: I got insurance last month. totaled car. insurance pmt late. They're cancelling me in the middle of my claim. Can they?

My payment is late. I will be able to pay on my payday (in 5 days). They said it will be cancelled on Jan 4.. Can they cancel me before finishing my claim?

Tim Akpinar
Tim Akpinar answered on Jan 11, 2022

A Colorado attorney could advise best, but your question remains open for four weeks. As a general matter nationwide, the issue is generally whether the policy was in effect at the time of the accident, barring any special conditions stipulated by the carrier. Carriers can extend grace periods to... Read more »

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