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Colorado Questions & Answers
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
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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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1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Found a dog that was chipped, guardian did not respond to calls/text for a month. Now wants the dog back, help.

The dog was found running loose with choke collar and no tags. He was thirsty, hungry and acted like he had been hungry for a while. We have nurtured him, groomed him and loved him. We have taken the dog to a vet, and invested considerable amount of money, (approximately $1,000). More importantly... View More

Joel Hassell
Joel Hassell
answered on Sep 6, 2024

In Colorado, many municipalities and counties have specific ordinances that address the handling of lost and found animals. These ordinances typically establish procedures for reporting found animals, time limits for reclaiming lost pets, and the responsibilities of animal control. For example, in... View More

1 Answer | Asked in Estate Planning for Colorado on
Q: I’m single w/my mortgaged condo w/ $150,000 equity. How to avoid Medicaid Estate Recovery so my heirs can have it?
Joel Hassell
Joel Hassell
answered on Sep 6, 2024

If you are concerned about preserving your condo with $150,000 in equity for your heirs and avoiding Medicaid Estate Recovery, there are some strategies you might consider. However, each has important implications and requirements under Colorado law.

Key Strategies to Consider:

1)...
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2 Answers | Asked in Family Law for Colorado on
Q: Will I be in trouble for not paying attorney fees ordered by judge to other party? Is there a CO family code 2030?

My child was sick over night on the day I had court hearing with her father. I provided the court with a doctor’s note and I submitted a motion immediately the morning of. But I continue to be ordered to pay. Plus, I cannot afford to pay it. My outcome is more than my monthly income.

Joel Hassell
Joel Hassell
answered on Sep 6, 2024

I agree with the other attorney's answer. Also, it's important to know that Colorado does not have a "Family Code Section 2030" like California does, which deals with attorney fees in family law cases. However, in Colorado, the court can still order one party to pay the other... View More

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2 Answers | Asked in Family Law for Colorado on
Q: Will I be in trouble for not paying attorney fees ordered by judge to other party? Is there a CO family code 2030?

My child was sick over night on the day I had court hearing with her father. I provided the court with a doctor’s note and I submitted a motion immediately the morning of. But I continue to be ordered to pay. Plus, I cannot afford to pay it. My outcome is more than my monthly income.

Cindy Perusse
PREMIUM
Cindy Perusse
answered on Sep 6, 2024

Bottom line is a court order has to be followed. Will you be thrown in jail? No. The other party who was awarded fees would have to be the one to file a motion for contempt if he or she chooses that route. The other way people enforce a judgement for fees is to do what anyone else does to... View More

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3 Answers | Asked in Immigration Law for Colorado on
Q: Im married with a US Citizen what i need to fix my legal status?

I tried to have the TPS by myself not from my wife, but they denied the TPS form i just do, so now I'm trying to find an option to fix my legal status but I Don't know how to do it, because i don't have a job and my wife is the only one working right now, I'm just waiting for... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 3, 2024

You may adjust to a lawful status of a U.S. Permanent Resident by preparing and filing a one stop concurrent filing of all necessary documents with bona fides. The best route is to select and consult with an experienced immigration counsel directly to receive information and make an informed... View More

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1 Answer | Asked in Criminal Law for Colorado on
Q: is it possible to have 10,000+ of interest removed by the judge i have fully paid off my restitution of 41,454.69

probation says i cant get off probation until the interest is also paid off. its been 12 years.

Justie Dee Nicol
Justie Dee Nicol
answered on Sep 3, 2024

Yes, you can petition the court for a modification of the interest amount. However, it will go a lot further if the PO is in agreement with a waiver of the case. C.R.S. 18-1. 3-202 provides that the court may grant probation upon such terms and conditions as it deems best, indicating the... View More

2 Answers | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

You've probably placed your insurance carrier on notice already. This enables them to anticipate any future claims for property damage or bodily injury. Based on the circumstances, the average person would probably find your actions justified, since they were based on reasonable fear and not... View More

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