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Colorado Questions & Answers

1 Answer | Asked in Real Estate Law and Elder Law for Colorado on

Q: Mother died. House is in name of trust. Do I need to tell county assessor or treasurer I'm the successor trustee?

Are there other house-related forms or reporting duties I may not be aware of for Colorado? I already filed a trust registration statement with the district court.

James Newell answered on Aug 21, 2019

At a minimum, you should update the mailing address on file with the county assessor's office, assuming address to which you would like tax statements mailed has changed since your mother died. If the trust document states that title to the house must be transferred out of the trust you will want... Read more »

1 Answer | Asked in Civil Litigation and Domestic Violence for Colorado on

Q: Boyfriend wants to kick me out. I am not on lease, hid me & my 2 sons in order to get approved on HOA townhome. Rights?

Applied for place as single man because I have eviction under my name and he didn't want us to get denied. He signed declaration of residency in order for my sons to attend 2 seperate schools. He now wants us out. Do I have any rights, seeing I'll just be homeless with 2 children...

James Newell answered on Aug 21, 2019

You may have rights as a subtenant. It can get complex so It's best to speak to an attorney about this.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: We live in a house and our lease expired and we’re assuming we were now on a month to month lease. We would like to know

How much time we have to give our landlord before we can move out? Our lease says nothing about what happens at the end of the lease or if it expires. It also says nothing about a set amount of time we need to give her before we move out. It’s very barebones it seems.

James Newell answered on Aug 21, 2019

Assuming your rent was due every month (e.g., on the first day of each month) you would have a month-to-month tenancy following the expiration of the agreed upon lease term. Because nothing is mentioned in your lease regarding notice, the default rule is that you may terminate your tenancy by... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on

Q: evicted for having a esa/therapy animal. landlord lying saying im not evicted but gave me 30 days to get out. help.

drs say esa animal for child. lease said no pets. childs health worsened. we get cat 2018. landlord knows, cat has to go, i comply, had inspection, passed, no damages. they renewed lease. 7/2019 friend can no longer keep cat for me. I take cat back. 7/18/19 child hospitalized 1 week. cat important... Read more »

Kristina M. Bergsten answered on Aug 21, 2019

You need a lawyer. Sometimes a letter from an experienced animal attorney, one who specializes in ESAs and service animals, especially, is enough to put a hold on the eviction and stop it. But you definitely need legal counsel.

Your statement was a little confusing, though. If it’s an...
Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: former PM let tenant do much damage. Can my new PM sue the former tenant?t

Donald C Eby answered on Aug 20, 2019

Your Property Manager cannot represent you in Court. But, you could bring the case against your former tenant. Or you can hire an attorney to bring that case.

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: I am going through a divorce, it is getting ugly.

My soon to be ex husband was abusive during the relationship. I never called the police, or talked to anyone about it. We both drank a lot, however he has videos of me drunk to use as "dirt". He is using my mental state during the relationship against me (I suffer from depression, ptsd, and... Read more »

Sabra M. Janko answered on Aug 19, 2019

I am sorry to hear about your situation. It sounds like you may have already filed a dissolution petition, but if you have not, that is how you would ask the court to decide issues of parenting and property division. You should consult with an attorney given that you have children and a home. Many... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Initial lease had 2 individuals on it. One party wants to exit the lease agreement and both parties are in agreement.

However, the landlord will not change the lease. Can tenants compel the landlord to update the lease by dissolving the original agreement and creating a new lease with only one of the existing tenants?

The tenants are offering to pay for the inconvenience.

Donald C Eby answered on Aug 18, 2019

You can ask and you can entice. But, you cannot force a LL to terminate the lease early and enter into a new lease.

The contract is for the protection of both parties against one of the parties who does not wish to preform.

The lease does not create an obligation on all tenants...
Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Colorado on

Q: My homeowner's association has posted signage prohibiting open carry in the building I live at.

They have cited CO Rev Stat § 29-11.7-104 (2016) at bottom of signage as their authority to so prohibit said activity. Can they legally do this? As I read the statute it says a local government can enact ordinance, the homeowners association however is not "local government". Can I sue them for... Read more »

Donald C Eby answered on Aug 17, 2019

A lawsuit it one option. Another is to have an attorney draft a letter on your behalf outlining the issue and why the HOA will ultimately lose the lawsuit if your are forced to file it. This letter would likely be a faster and less costly method to achieve the desired result.

1 Answer | Asked in Family Law for Colorado on

Q: Can I take my daughter out of state of Colorado to visit her grandmother in Baton Rouge if my names on B.C.

She says if I take her she'll get me for kidnapping I just want to take her for a week to batonrouge to see her grandmother there hasn't been any court order in place shees giving me a hard time because she don't like my mother and we live together

Sabra M. Janko answered on Aug 17, 2019

If there is no dissolution or allocation of parental responsibilities filing or court order preventing removal, then either parent can take the child for a vacation. If there has been a filing, then you should consult with an attorney as there is a mandatory injunction imposed upon service.

1 Answer | Asked in Contracts for Colorado on

Q: How can I change my power of attorney to another person?

My boyfriend, who is hospitalized currently, signed paperwork giving his daughter power of attorney. She immediately went to his bank and locked him out of his account. He didn't understand this and wants control back. How does he take her off and name someone else?

Bruce Alexander Minnick answered on Aug 16, 2019

He has to notify his daughter in writing that her power of attorney has been revoked. Then he can hire a lawyer to write a new POA naming you.

1 Answer | Asked in Family Law for Colorado on

Q: If a parent has moved out of state once they declare residency can they go to that state and change the child support?

Original child support is in Colorado and the mom and child moved to Marietta Ohio. Dad is still in Colorado.

Sabra M. Janko answered on Aug 16, 2019

There is federal law that governs child support modifications. Under the Uniform Interstate Family Support Act, the action must be brought in the state where the obligor resides. That would be Colorado. The order was also issued in Colorado so there is no registration action required for... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: Can a father be charged for the pregnant mother doing drugs?

Sabra M. Janko answered on Aug 16, 2019

It would depend on if the father aided and abetted the use of illegal drugs of by a pregnant woman. You should consult with a criminal defense attorney and share the facts. There are not sufficient facts presented here to know what the father's actions were.

1 Answer | Asked in Family Law and Criminal Law for Colorado on

Q: What are the punishments for father supplying son with alcohol and pressuring him to drink?

My abusive ex husband has been pressuring our son to drink since he was very young; he’s 16 now and I recently found out that his dad bought him his own drinks and pressured him to drink. He finally caved and drank. We live in colorado but the incident happened at my ex husband’s parent’s... Read more »

Sabra M. Janko answered on Aug 16, 2019

Underage drinking is a crime and both your son and his father, if his father supplied him with alcohol, could be held responsible if reported to the police.

1 Answer | Asked in Domestic Violence for Colorado on

Q: What information do i need to put on a motion to dismiss a protection order?

There is a protection order set for my husband and i. I am not at risk of any harm i need to be able to be around my husband. I want to file a motion to dismiss the protection order

Sabra M. Janko answered on Aug 14, 2019

You should make certain that you will be safe. That is top priority. if you want to ask to dismiss then you simply put the reasons why you are asking. No one can tell you what reasons to provide.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can the girlfriend go back to the DA and ask him to stick it to him. She always threaten that when she gets mad at him

Sabra M. Janko answered on Aug 14, 2019

The DA will decide what to do based on the evidence. Any accuser can always state their preference, however an accuser does not decide what approach the DA will take.

1 Answer | Asked in Divorce for Colorado on

Q: I have been married to my husband for 6 years. We just recently re-financed the house and added my name, what do I get ?

All the equity he had when he refinanced was accrued while we were married, but my name was not added until recently. Do i have rights to some of the equity we pulled out during the recent refinance?

Sabra M. Janko answered on Aug 14, 2019

Generally you would have equity in the marital appreciation in a dissolution action. If you took out equity and spent it, then you would not have an interest in that. You do not mention dissolution, however your question is posted in the dissolution area. If the money is sitting in an account, upon... Read more »

1 Answer | Asked in Tax Law for Colorado on

Q: Receiving car from Charity and taxes

I have a client who was given an $80,000 car from a charitable organization. Will she have to pay taxes on it?

Bruce Alexander Minnick answered on Aug 14, 2019

Yes.

1 Answer | Asked in Divorce and Family Law for Colorado on

Q: I'm going through a divorce that's been getting dragged out with no mediation date getting scheduled. With the case

Getting drawn out, is my ex entitled to more equity in my company if it was only a few months old when they filed for divorced and I moved out? Or do they only look at revenue and sales for those few months? It's now 6 months after moving out with a lot more income. Marriage was only 3 years

Sabra M. Janko answered on Aug 14, 2019

You can agree to mediate at any time that you like. If the court has not ordered it, you can mediate privately and the mediator can provide you with a certificate of mediation if you do not reach agreement. Divorce actions can take some time, particularly if they are contested. Marital property is... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on

Q: Can a father be granted full custody of a child if the mother has refused visitation for 3 consecutive years?

No motions have currently been filed. Mother is currently out of the country with an active duty military spouse. Father is currently out of state also active duty military.

Sabra M. Janko answered on Aug 13, 2019

Either parent could be granted primary allocation of parental responsibility. There are many factors. One factor is a parent's ability to encourage the sharing of time with the child. That would count against a parent who withheld a child from another parent. It sounds as though there may already... Read more »

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