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Colorado Questions & Answers
1 Answer | Asked in Consumer Law for Colorado on
Q: Geico added a "undisclosed driver" to my policy despite me not knowing this person and increased my insurance premium.

I filed a complaint with the Insurance Regulatory Agency and received a very nasty letter saying I was responsible for the "services provided" to this person I have never met and does not live in my house. Geico told me to provide proof the person had insurance, which clearly I cant... View More

Matthew McKenna
Matthew McKenna
answered on Dec 10, 2024

I would ask Geico what consumer report that information came from and then contact the company to get a copy of that report. Sometimes insurance companies get this information from Lexis Nexis but could be somewhere else. The CFPB has a list of some consumer reporting agencies:... View More

1 Answer | Asked in Personal Injury for Colorado on
Q: Was I assaulted?

I was unwilling sprayed with a mysterious cologne by a person that I do not know and now I feel sick. I asked them to not spray me before they did, and when I asked them to stop they would not. Is this battery or assault?

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. Under common law tort principles (civil law), it would be battery, which involves an intentional harmful or offensive contact, directly or indirectly. Colorado criminal defense attorneys could better advise how... View More

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: I am in the middle of a child support case the other opposing counsel has submitted petitioners tax return and bank stat

statements, with pay stubs, how can I submit my bank statements and pay stubs with the court so that it is not get made public and I am following the rules and regulations of submitting disclosures before mediation. I have already submitted a sworn financial statement and a certification of... View More

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

If you are talking about the mandatory financial disclosures under Colorado Rule of Civil Procedure 16.2 (the ones you have to disclose per Form 35.1), then you do not actually file the bank statements and pay stubs with the Court. What you do is you provide the bank statements and the pay stubs... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How can I get approved for a pro Bono lawyer For family court.

I want full custody of my child.

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

If you cannot afford a lawyer to help you, and you are in the Denver, Colorado Metro area, call Metro Volunteer Lawyers and ask them if they will take your case. Just Google "Colorado Denver Metro Volunteer Lawyers" to get their contact information.

You can also call different...
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1 Answer | Asked in Family Law for Colorado on
Q: Can I reverse an amendment to a prenuptial agreement?

After 20 years of marriage, my wife, with the help of her chosen "Life Coach", pressured me to amend our prenuptial agreement ( to greatly benefit her own financial status if we split ) then almost immediately retained a divorce attorney. Can I reverse that amendment to reinstate the... View More

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

An amendment to a prenuptial agreement, like the prenuptial agreement itself, is generally enforceable in Colorado when the divorce case is filed.

A prenuptial agreement or amendment to a prenuptial agreement should not be done in anticipation of divorce, however, and may or may not be...
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1 Answer | Asked in Family Law for Colorado on
Q: Can a change of Venue be requested when one party, with a joint decision making order, has moved to a different County?

Case is currently in Weld County and one Party moved to Grand County

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

Yes, it is possible to change venue from the district court in Weld County to the district court in Grand County. You would file a motion under Colorado Rule of Civil Procedure 98(f)(2). That rule provides as follows:

C.R.C.P. 98(f): Causes of Change. The court may, on good cause shown,...
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2 Answers | Asked in Divorce, Family Law and Immigration Law for Colorado on
Q: Can you draft a CO spousal maintenance agreement for a future spouse and advise if filing affects immigration status?

Could you help me draft a legal spousal maintenance agreement for a future spouse in Colorado, ensuring it complies with state laws and provides financial support during the marriage? Additionally, if we file this agreement with the court, how might it affect our immigration status? We want to... View More

Dorothy Walsh Ripka
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Dorothy Walsh Ripka
answered on Nov 25, 2024

Yes. These are generally things that can be drafted taking in consideration the special needs of a person. In undertaking the drafting of an antenuptial agreement, however, an attorney would only be able to represent one spouse and work for the benefit of the party that hires the attorney. It would... View More

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1 Answer | Asked in Estate Planning for Colorado on
Q: In Colorado,along with a notary does a doctor have to sign your DNR within your living will advanced directives ?

I'm doing research for my end of life planning and ran across this item I never heard of before.... doctors signature on DNR's as well as notaries to make the DNR within the Advance Directive/Living will legally binding ref given me : Colorado Revised Statute 15-18.6. etal

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024

Under Colorado Law there is a mechanism for a doctor to appoint a healthcare decisionmaker for you if you have not already done so and are unable to do so now. This can easily be avoided by appointing a healthcare decisionmaker yourself while you are capable. Your healthcare decisionmaker... View More

2 Answers | Asked in Estate Planning and Social Security for Colorado on
Q: If I am the next of Kin and there is not a Will in place, what are the next steps?
Marianne Blackwell
Marianne Blackwell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2024

Hello ~ if a person dies in Colorado and there is no will found, that decedent will have died 'intestate'. An heir or interested person can still file for probate, but it will be with the distinction that there is no will under which to follow the distribution of estate assets. Instead,... View More

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1 Answer | Asked in Tax Law for Colorado on
Q: Can my job change my tax code even though I am not resident?

Hello I am visiting Florida and my job wants to change my tax code to Florida from colorado. I am currently a resident of Colorado. Is this legal?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 5, 2024

If you're visiting then no you are still domiciled in Colorado and you're not performing services in Florida so there would be no Florida source income.

If by visiting you mean working in the company's Florida office then yes. You would have Florida source income and the...
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1 Answer | Asked in Car Accidents and Insurance Defense for Colorado on
Q: I was in a car accident and my insurance had lapsed and I had no knowledge of it due to mail not being received.

Other person filed claim. Should I try to settle this with the person directly before getting a lawyer?

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. Your question about involving an attorney - it's an individual decision. If your matter involves only moderate property damage, there are no injuries, and you and the other side agree on fault, you could save... View More

1 Answer | Asked in Car Accidents for Colorado on
Q: Would it be insurance fraud not to disclose a recent accident with an unresolved claim to new insurance company

I had a minor accident yesterday (10/12 - no injuries, cosmetic damage to both vehicles) where I will likely be determined to be at fault. My insurance coverage lapses on 10/16 and I was wanting to switch companies anyway. I can get a policy that starts 10/14, before the other party’s claim... View More

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2024

A Colorado attorney could advise best, but your question remains open for a week. Until you're able to consult with a Colorado attorney who could advise under local law (insurance industry practices involve state law across the nation), the short answer is that it's possible an insurance... View More

1 Answer | Asked in Personal Injury for Colorado on
Q: Once a PI settlement agreement is signed by Claimant can Defendant require more documents or change the original?

signed a settlement agreement for my car accident and requested the payment to go into my Trust account. I had made the insurance company aware of this and the agreement states, "Claimant states her desire to have the settlement check addressed to her Trust account." Then 12 days later... View More

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. If you were represented by an attorney, they would be in the best position to answer, based on having the file.

Without knowing more details, it's possible the directive to use the trust account may...
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3 Answers | Asked in Bankruptcy, Criminal Law, Products Liability and Civil Litigation for Colorado on
Q: 85 member that is looking for pricing for a civil service. We are the old customer's of holy ground real estate

The builder matt sowash has filed chapter 7 , we as a group are wondering the process to sue for the money for the home..

John Cimino
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John Cimino
answered on Oct 8, 2024

First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he... View More

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My ex and I have 50/50 decision making and I am supposed to pay 60% of daycare but I cant afford it. What can I do?

I have asked about making a change to daycare and offered 4 different solutions and offered to hear any solutions she has as well. She refuses to work with me but I literally can not afford to keep paying. Can I stop paying if she wont work with me on it since we have split decision making? Do I... View More

Dorothy Walsh Ripka
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Dorothy Walsh Ripka
answered on Oct 1, 2024

Hello.

First an attorney can not advise you to violate an order or not comply in conformity with the order.

Second, you need to review your order regarding mutual selection of child care and determine if it is a major decision as it relates to joint decision making and if you need...
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1 Answer | Asked in Personal Injury for Colorado on
Q: My dad has an infection in his finger, he was gonna get xrays today but they rescheduled him for Oct 11. Is this wrong?

The doctors said if the infection isn't in the bone they can save his finger, but he has to hurry to treat it. Now the hand specialist rescheduled him 3 weeks away and by that time the infection will probably reach his heart. It's like these doctors don't care about him. Do we have a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2024

A Colorado attorney could advise best, but you express urgency in your post. Yes, it's possible you could have grounds for a lawsuit if he loses his hand or finger. But that would be a mess to sort out after the fact, and it could drag on for years in court.

The more practical approach...
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1 Answer | Asked in Estate Planning for Colorado on
Q: Can a provision be made in a Revocable Trust for alternate beneficiaries after the sole original beneficiary dies?

Can named alternate beneficiaries receive any residual real estate from Trust after lifetime of original beneficiary. (This would be the only thing in Trust & would necessitate Trust being left open) If so, must the alternate beneficiaries be told/informed when the Trustor first dies? That... View More

Joel Hassell
Joel Hassell
answered on Sep 16, 2024

Yes, in Colorado, provisions can be made in a revocable trust for alternate beneficiaries to inherit after the sole original beneficiary dies. This is standard practice, where alternate (or contingent) beneficiaries are named to receive trust assets, such as real estate, upon the death of the... View More

1 Answer | Asked in Car Accidents for Colorado on
Q: My lawyer requested a reduction from Medicaid since I’m receiving a settlement. How long does it take?

I was in a car accident and have Medicaid and Medicare.

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2024

A Colorado attorney could advise best, but your question remains open for a week. It could depend on the amount of the lien and who is handling it. If the lien is assigned to an attorney, and a third-party administrator is involved, it could easily take several months - depending on the TPA and... View More

1 Answer | Asked in Car Accidents and Criminal Law for Colorado on
Q: Issued a careless driving charge for car accident, want to represent my self and reduce charge. How?

Careless driving charge for car accident

Possibly due to seizure (First)

Seizure free for 6 moths

Court doesn't know about seizure yet

I am only one that was injured

Want to represent my self

Want to reduce and come our with clean or expunged record for the future

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2024

A Colorado criminal defense attorney should advise here, but your question remains open for almost two weeks. I recommend considering a consult with a criminal defense attorney. It's likely that your question was missed because it was overlooked under the "Car Accidents" category.... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: If I am filing an uncontested divorce, is there a lawyer who can at least look over the paperwork prior to filing?

We don’t have assets or children. However I do question whether she is trustworthy at this point.

Christopher N. Little
PREMIUM
Christopher N. Little
answered on Sep 7, 2024

Good evening,

You ask an excellent question! Yes, you can absolutely hire an attorney to review your Petition for Dissolution of Marriage. Many firms (including mine), offer what are called "limited scope" or "unbundled" services as a resource and advocate from a more...
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