Colorado Questions & Answers by Practice Area
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Colorado Questions & Answers
Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?
1 Answer
| Asked
in
Contracts, Estate Planning, Real Estate Law and Probate
for
Colorado
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Donald C Eby's answer
The chain of title will need to be examined to definitively answer your question.
There is a likelihood based our the facts stated that the Right of Survivorship remains valid.
The chain of title will need to be examined to definitively answer your question.
There is a likelihood based our the facts stated that the Right of Survivorship remains valid.
Q: While hiking with my dog at Palmer Park last weekend, a woman ran into my dog with her car in the parking lot.
Peter Munsing's answer
A lot depends on where the car was, where you and your dog were, if the dog was on a leash was that visible? Did police respond? You may want to file a report.
A lot depends on where the car was, where you and your dog were, if the dog was on a leash was that visible? Did police respond? You may want to file a report.
Q: Can I be cited for accident when parked, opening Dr along a street. after a visual both over shoulder and by mirror?
Peter Munsing's answer
If there's an intersection or other video that shows it maybe. As things stand no--because the fact it happened almost instantaneously means that in all liklihood you didn't take that last look in the mirror--otherwise you would have seen the car. It's one of those "objects in the mirror are closer than they appear" moments.
If there's an intersection or other video that shows it maybe. As things stand no--because the fact it happened almost instantaneously means that in all liklihood you didn't take that last look in the mirror--otherwise you would have seen the car. It's one of those "objects in the mirror are closer than they appear" moments.
Q: What can be done to force HOA to enforce covenant disallowing business to be run out of residence?
Donald C Eby's answer
Are you ready to bring suit against the HOA to demand it enforces the covenants?
Are you ready to bring suit against the HOA to demand it enforces the covenants?
Q: Does my fiance automatically become a US citizen once we're married?
Ms Grace I Gardiner's answer
No. First your fiancé will receive a two year conditional green card. The condition must be removed. Your fiancé can then apply for citizenship in the third year provided you’ll are still together
No. First your fiancé will receive a two year conditional green card. The condition must be removed. Your fiancé can then apply for citizenship in the third year provided you’ll are still together
Q: In Colorado is a convicted felon able to legally own and/or possess a firearm?
John Kenneth Joyner's answer
A convicted felon is barred from owning firearms by federal law. There is supposed to be an appeals process, but the government has not funded it.
Short of a pardon, you are out of luck.
A convicted felon is barred from owning firearms by federal law. There is supposed to be an appeals process, but the government has not funded it.
Short of a pardon, you are out of luck.
Q: Do the taxes I'll be filing next April reflect the government's new tax law?
D. Mathew Blackburn's answer
Yes, the majority of the provisions of the Tax Cuts and Jobs Act of 2017 (TCJA) took effect 1.1.2018. Some did not, most notably accelerated depreciation took effect 9.27.17 and the ACA penalty is removed 1.1.19.
Yes, the majority of the provisions of the Tax Cuts and Jobs Act of 2017 (TCJA) took effect 1.1.2018. Some did not, most notably accelerated depreciation took effect 9.27.17 and the ACA penalty is removed 1.1.19.
Q: Can I take an apartment to court
Ashley Dean Powell's answer
Without knowing more and based solely on the information in your question, I suspect that you do not have a strong case against the landlord/property owner/property management company. If you feel strongly about this, you probably need to sit down with a landlord-tenant attorney or plaintiff's/personal injury attorney with all relevant facts and documents (your lease) to determine whether your case has merit.
Here is some more general information about landlord's duty to make repairs...
Without knowing more and based solely on the information in your question, I suspect that you do not have a strong case against the landlord/property owner/property management company. If you feel strongly about this, you probably need to sit down with a landlord-tenant attorney or plaintiff's/personal injury attorney with all relevant facts and documents (your lease) to determine whether your case has merit.
Here is some more general information about landlord's duty to make repairs...
Q: I need to create a legal document to sell a portion of the power line to my house to my neighbor. How do I do this?
Ashley Dean Powell's answer
Based on the facts above in your question, it may be difficult to get a complete answer. If you want to know that you have correctly formalized your agreement with your neighbor, then you should probably consider consulting with an attorney in your area who can review all documents related to the purchase and installation of the original line any any associated easements.
If you have set up your own self-contained power grid for which you produce the electricity and own the lines, then...
Based on the facts above in your question, it may be difficult to get a complete answer. If you want to know that you have correctly formalized your agreement with your neighbor, then you should probably consider consulting with an attorney in your area who can review all documents related to the purchase and installation of the original line any any associated easements.
If you have set up your own self-contained power grid for which you produce the electricity and own the lines, then...
Q: The mother of my stepchild is currently not letting see him. We have a parenting plan in place, but still refuses.
John Hyland Barrett III's answer
The father needs to enforce the terms of the parenting plan. He should hire an attorney for this. He should not let a lot of time go by.
The father needs to enforce the terms of the parenting plan. He should hire an attorney for this. He should not let a lot of time go by.
Q: I recieved a JDF 1415, is this not a child support change?
John Hyland Barrett III's answer
JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.
JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.
Q: Does a stepchild have a right to belongings or ashes.
Ashley Dean Powell's answer
Assuming that no personal representative has yet been appointed by a court and no estate has been opened, you or your sister could petition a court in Colorado to appoint you as the personal representative of your brother's estate. The process thereafter may vary depending on whether your brother died with or without a will, but being named the personal representative would provide you some power to begin settling his estate.
The first step should probably be hiring a probate attorney...
Assuming that no personal representative has yet been appointed by a court and no estate has been opened, you or your sister could petition a court in Colorado to appoint you as the personal representative of your brother's estate. The process thereafter may vary depending on whether your brother died with or without a will, but being named the personal representative would provide you some power to begin settling his estate.
The first step should probably be hiring a probate attorney...
Q: If a woman and her mother have legal custody of a child, can just the mother go after the father for child support
John Hyland Barrett III's answer
I'm not sure about the mother pursuing cs. However, you do have the ability to contest paternity in a cs matter, unless it has already been determined-like in a divorce.
I'm not sure about the mother pursuing cs. However, you do have the ability to contest paternity in a cs matter, unless it has already been determined-like in a divorce.
Q: I received a citation to show cause in Douglas county courts. Does C R S 13-22-311 apply in this matter. Douglas county
John Hyland Barrett III's answer
13-22-311 refers to mediation. That may be applicable if agreed to by the parties or ordered by the court. You should hire a lawyer to help you with this.
13-22-311 refers to mediation. That may be applicable if agreed to by the parties or ordered by the court. You should hire a lawyer to help you with this.
Q: I have an idea for a new business. How do I know if I should file for a patent or just keep it a trade secret?
Griffin Klema's answer
That can be a tough call, but generally depends on a few things: 1. Whether what you have is protectable by a patent, 2. Whether the information can truly be maintained confidentially.
The first question can be answered by a patent lawyer by performing a patentability assessment. The answer to the second question depends on what the information is. Sometimes, it cannot be kept secret simply by its nature. Other times, government regulations require disclosure. If you are evaluating how...
That can be a tough call, but generally depends on a few things: 1. Whether what you have is protectable by a patent, 2. Whether the information can truly be maintained confidentially.
The first question can be answered by a patent lawyer by performing a patentability assessment. The answer to the second question depends on what the information is. Sometimes, it cannot be kept secret simply by its nature. Other times, government regulations require disclosure. If you are evaluating how...
Q: I was just wondering if I have a case. I feel like I was done wrong and unfair. Can I do anything?
Ashley Dean Powell's answer
There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship appears to have failed (you walked away) about 8 years ago, you may have lost your opportunity to sue for these claims. Presumably, most of the wrongdoing occurred before and leading up to you leaving 8 years ago,...
There may be potential claims here that you could have pursued. As you may well know, most civil claims/disputes like this have a deadline by which the claim must be brought in court (a "statute of limitations"). Given that the business was started 12 years ago and the relationship appears to have failed (you walked away) about 8 years ago, you may have lost your opportunity to sue for these claims. Presumably, most of the wrongdoing occurred before and leading up to you leaving 8 years ago,...
Q: When someone passes & "estate will"goes to X #of kids but 1 has passed what happens to the deceased kid's share?
Ashley Dean Powell's answer
The answer somewhat depends on a variety of factors, such as whether the will intended a class gift (for example, "to all my kids") or was a list of specific devisees (recipients) of the gift. The specific provisions of the will (did it clarify alternative recipient or how to deal with the death of one of the recipients?) and the intent of the person who created the will are the key factors in determining who gets what whenever possible.
However, you may want to review Colorado Revised...
The answer somewhat depends on a variety of factors, such as whether the will intended a class gift (for example, "to all my kids") or was a list of specific devisees (recipients) of the gift. The specific provisions of the will (did it clarify alternative recipient or how to deal with the death of one of the recipients?) and the intent of the person who created the will are the key factors in determining who gets what whenever possible.
However, you may want to review Colorado Revised...
Q: On November 29th My oven control panel shorted out! No replacement yet. Can I deduct my meals while I wait?
Ashley Dean Powell's answer
Short answer: A landlord probably has no legal obligation to provide you with a cooking oven/stove or fix a broken one unless that obligation is specifically created in the lease. If it is in the lease that your landlord will maintain all appliances (or oven specifically) in working order, then your remedies for landlord's failure to meet that duty are probably also outlined in your lease.
Long answer (especially for the other issues you mention in passing without details): In terms of...
Short answer: A landlord probably has no legal obligation to provide you with a cooking oven/stove or fix a broken one unless that obligation is specifically created in the lease. If it is in the lease that your landlord will maintain all appliances (or oven specifically) in working order, then your remedies for landlord's failure to meet that duty are probably also outlined in your lease.
Long answer (especially for the other issues you mention in passing without details): In terms of...
Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Support, Divorce and Family Law
for
Colorado
on
Answered on Dec 3, 2018
Answered on Dec 3, 2018
John Hyland Barrett III's answer
I may be available depending on location and type of case. You can call me to discuss it.
I may be available depending on location and type of case. You can call me to discuss it.
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