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Colorado Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Tax Law for Colorado on
Q: I had shares in my family farm that has been handed down for 4 generations. My brother bought my shares of the farm.

Do I have to pay taxes on the money I got from my farm inheritance?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 24, 2020

You don't pay tax on inherited property. But it sounds as if you inherited the property then sold it which is different.

You would need to determine the basis in the shares when you received them and compare that to the sales price to determine if any gain exists.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My dog has been deemed dangerous by Colorado and the courts want him put down. Can I take him and move to Texas?
Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 23, 2020

Technically, no. You could be found in contempt of court for moving him, which is a separate criminal charge on you. I am not exactly clear on what you mean by "deemed dangerous" and whether or not this a finding after a trial by a judge or a jury, so more information is needed to fully answer this... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Can you be fired for a work schedule change you weren’t notified of?

Hi. Every week I take a photo of my work schedule that’s posted each Sunday. This past Sunday, according to my schedule I was supposed to come in on Wednesday. When I arrived today (Wednesday), my boss told me he had changed the schedule and that I was actually supposed to come in on Tuesday... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 23, 2020

Unfortunately, there is no violation here. While this situation is unfair to you, you live in an at-will employment state, meaning you or your employer may terminate the employment relationship for any reason or for no reason at all (as long as the reason is not discriminatory).

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: i sent a modification to the courts because my child is 19 and not in school, mother got wind and is fighting it

mother went and got him enrolled into community college starting today so it will show he is in school on our court date 02/25. she does not give him the child support nor does he live with her. she lies about it saying he does, she is homeless living with her parents, but wants my child support to... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 23, 2020

Child support for your 19-year-old child should end when he turned 19, assuming he has graduated from high school. His being in college should not matter. However, it appears you have another child. So, child support should be re-calculated with the current incomes and time-sharing factors. You... Read more »

1 Answer | Asked in Bankruptcy for Colorado on
Q: my daughter has cancer and cannot work but one to two days per week. she needs to file for bankruptcy. needs advice.

She has a student loan and credit cards that she is unable to pay due to the amount required to take care of health needs

Timothy Denison
Timothy Denison answered on Jan 22, 2020

She should seek a forbearance due to her illness unless she has a lot of other debt as well, especially since the student loans are no dischargeable. She should consult a competent bankruptcy attorney to discuss her full options.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Is a notarized parent plan considered legal in colorado?

I have started the child support process without a court ordered child custody agreement? If we get a notarized parenting plan will that be enough to prevent any negative repercussion if/ when the father is served with documentation for the cs? Will he be able to just take baby from me if i have a... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 22, 2020

Your parenting plan is not effective until the court approves it and makes it a court order. You should get a lawyer to help you with this.

1 Answer | Asked in Traffic Tickets for Colorado on
Q: In Colorado, can I go go the DMV to get a state ID or drivers license without being arrested if I have a bench warrant

Failure to appear bench warrant.

No DUI

License not revoked

Brian K. McHugh
Brian K. McHugh answered on Jan 21, 2020

I am aware from past cases that DMV may check a person for warrants. I can not say that they do it routinely. If they do find a warrant they will contact local law enforcement.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do my wife and I obtain a monetary judgement from former tenants...

We obtained a judgement in our favor for damages and unpaid rent against former tenants. They were married when they moved in but separated around the time they moved out and are now living in different towns. To collect the money owed do we serve the judgement papers to both and split the amount... Read more »

Donald C Eby
Donald C Eby answered on Jan 21, 2020

You have a judgment that is the obligation of both parties. You can pursue both until the full judgment is satisfied, you have no duty to split the judgment between the two parties.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Do i have to have a court ordered custody plan to file for child support?

I have an almost 1 yr old. The father and i have a visitation schedule all figured out between us, but nothing through the courts. I have baby from friday evening through wednesday, and he has baby wednesday night through friday evening.

John Hyland Barrett III
John Hyland Barrett III answered on Jan 21, 2020

YOU CAN STILL FILE FOR CHILD SUPPORT. HOWEVER, THE COURT MAY ALSO WANT TO APPROVE YOUR PARENTING PLAN AS PART OF THAT PROCESS. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

1 Answer | Asked in Criminal Law for Colorado on
Q: If I violate conditions of my bond and then reach a plea bargain for the case I violated bond on and get sentenced .

Can I be charged later for the bond violation?

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

Yes, violation of bond conditions is a separate offense, even though it is related to the case you settled by a plea agreement. It may be that the plea bargain included an agreement not to file a bond violation case. You should check with your attorney or, if you did not have an attorney, check the... Read more »

1 Answer | Asked in DUI / DWI for Colorado on
Q: Will I serve ALL 58 days in county jail? Going in to serve my remaining days on a closed case. Asked to turn myself in.

Will I serve all 58 days? If so, how many is likely??

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

If you have any pre-sentence confinement credit, that will reduce your sentence (unless that credit has already been applied). The sheriff can also award you reductions based on policies and programs established by the sheriff for county jail inmates.

1 Answer | Asked in Traffic Tickets for Colorado on
Q: Got pulled over driving my brothers car without registration or insurance. Should I register and get insurance?

Should I buy insurance and registration before court?

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

Your brother needs to register the car and get insurance for it. Proof of proper registration and current insurance is what you need to take to court and is what will help you the most.

It is doubtful that you could even register the car or obtain insurance for it since it does not belong...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: Hi i was in a car accident in Feb. 2018, n I am getting mail that I have to pay $40,000 worth of damages, do I negociate

I was really badly hurt, but officer gave me ticket I slid in ice and went to court, but was not in right state of mind when going to courts

Peter N. Munsing
Peter N. Munsing answered on Jan 20, 2020

It sounds like you were sued and served with papers? You really need to get your insurance involved. If you received suit papers and you don't have insurance you need to make sure you don't get a default by filing an Answer and entering your appearance "pro se." Check with the local bar association... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Am i able to sue for rent paid since first request of repairs that have never been made?

Lived here almost 7 yrs,have made *several requests for repairs via email,maintenance portal,txt mssgs.the roof leaks,is deteriorating,&has black mold.paying for 5bdrm but cant utilize upstairs rooms.Also,has no heating upstairs.Heating vents blow inbetween walls&floors cause there's not any... Read more »

Donald C Eby
Donald C Eby answered on Jan 20, 2020

You should review the Colorado Warranty of Habitability. The legislature significantly strengthened this last year to provide assistance to tenants.

This is a fairly technical issue so I recommend contacting an attorney to discuss your rights, remedies, and risks before withholding rent.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a question about removing someone from my home.

I let a 17 year old move in because I was told his father kicked him out because he is gay. I found out he just left because he does not get along with his father. Can I kick him out immediately even though he has recieved mail here and my roommate doesn't care if he is here? We rent but I pay 2/3... Read more »

Donald C Eby
Donald C Eby answered on Jan 20, 2020

You can ask your tenant to leave or even entice him to move-out. But, if that fails, you'll need to proceed via the judicial eviction process which begins with legally enforceable notice. If you are unfamiliar I recommend that you contact an attorney to at least guide you through the process as... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: I co-invested in a property with my sis. She died and the place was never in my name. Her husb. won’t respond.

I co-purchased a rental apt with my sister to use as a home base for our business in Denver, CO. I live in Tennessee. The apartment was part of a larger investment I/we made toward a shared business that has since gone bankrupt and failed. It was verbally agreed that we would keep (and perhaps... Read more »

Donald C Eby
Donald C Eby answered on Jan 19, 2020

Hopefully, you have some of these communication and agreements documented. You'll need to protest the probate of sister's estate RE the ownership of the Condo.

This could get complicated and require multiple appearances in CO, as such it is advisable that you obtain CO legal counsel to...
Read more »

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1 Answer | Asked in Civil Litigation for Colorado on
Q: If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several yea

If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several years and recently been going through child custody proceedings. We were never married. He refuses to pay what is owed. Please help

Thank you

Donald C Eby
Donald C Eby answered on Jan 17, 2020

Assuming you can prove that the $6,000 was a loan and the terms of the loan have been breached, you can obtain a judgement.

2 Answers | Asked in Real Estate Law for Colorado on
Q: I was supposed to close on my house on 12/20/2019. The sellers are claiming to have medical issues.

I have not been told a new closing date as of today. We all signed a contract, them to sell, me to buy on the above mentioned date. Do i have legal recourse?

Donald C Eby
Donald C Eby answered on Jan 17, 2020

Yes, you can bring a suit against seller to enforce your contract, it is called specific performance. If you are unfamiliar you may want to contact an attorney to assist you.

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2 Answers | Asked in Divorce for Colorado on
Q: Married in Colorado. I bought house before we were married it's in my name. IAM the only one that works.

Question can I lose my home in divorce since I bought home before we married home is in my name only

John Hyland Barrett III
John Hyland Barrett III answered on Jan 16, 2020

The house is considered your separate property. however, any increase in the value of the house is considered marital property, subject to an equitable division (meaning a "fair" division). You may need to get two appraisals for the house value-now and at the time of marriage. You should get a... Read more »

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2 Answers | Asked in Immigration Law for Colorado on
Q: A friend wants to immigrate to the US. He has $200K to invest in a business. How can he legally immigrate?

I immigrated to the US in 2002 and became a US citizen in 2008. My friend now wants to immigrate as well and has around $200K to invest in a business here. He is from South Africa and used to be in law enforcement and security. Due to the political conditions, extremely high crime rate, everyday... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 15, 2020

He should discuss with counsel here in the states about applying for an investor visa. An E2 visa may be a perfect fit for him which would allow he his wife and kids , if any to get visas.

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