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2 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Colorado on
Q: Verbal agreement on living arrangement after friend's death

I lived with a friend for 18 years and was his sole caregiver for 13 of those years. Before he passed away, we verbally agreed that I could stay in his house until it was sold, after which I would receive money to help me get on my own. I have witnesses to this agreement. How should I proceed with... View More

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Apr 11, 2025

This is a complex question. First, Colorado has what's called a "Dead Man's Statute" that limits testimony regarding a deceased's verbal agreements. However, if you have independent witnesses, you may be able to get around that.

Second, Colorado has a "Statute...
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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: Can I break my lease when my rented duplex is sold in Colorado if no specific clauses exist?

I am currently living in a rental duplex in Colorado that is up for sale and now under contract. My lease is for one year and ends on September 15, 2025. I haven't been informed of any changes to my lease due to the sale, and there are no clauses in my lease about what happens if the property... View More

Kia Miller
Kia Miller
answered on Mar 25, 2025

Check your lease for a provision regarding whether the owner/landlord can assign the lease. Typically, leases allow the landlord to assign the lease (for example, sell the property) and the lease remain in effect. There may be another way for you to get out of the lease but you will likely have to... View More

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2 Answers | Asked in Contracts and Health Care Law for Colorado on
Q: Can my mom sue me for refusing to share neuropsychological evaluation results?

I am 23 years old and was pressured by my mom to take a neuropsychological evaluation due to ADHD symptoms not being treated by medication and sleep apnea issues. There was no explicit agreement with my mom about paying for the evaluation, other than her understanding that she would cover it. I... View More

Kia Miller
Kia Miller
answered on Mar 25, 2025

Generally, anyone can sue for anything. However, I cannot think of legal claim your mom could make that would entitle her to your personal medical records. One thing to note is that she may withhold any other financial support she provides you, which would be legal absent any other agreement. I am... View More

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2 Answers | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Juvenile Law for Colorado on
Q: How can I defend myself in a biased Colorado dependency case?

I am representing myself in a dependency case in Colorado where I've experienced clear bias from the judge, who has enforced detrimental punishments without evidence. The department involved has committed fraud, HIPAA violations, judicial deception, and harassment, seemingly in retaliation for... View More

Kia Miller
Kia Miller
answered on Mar 25, 2025

I agree with my colleague below. I am adding that if you do not get legal representation, you should file a motion for judicial recusal that focuses solely on the facts (not feelings and judgment) and listing EVERY fact that shows there is bias.

For example:

"We never received...
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2 Answers | Asked in Child Custody and Civil Litigation for Colorado on
Q: Filing for contempt of court in a custody case in Colorado.

I am involved in a custody case where the intervenor has been refusing to allow the respondent mother her court-ordered visitations for the past three months. Additionally, the respondent mother has stopped complying with the court-ordered drug testing for the last 30 days. There is also a paternal... View More

Mark Christopher Smith
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answered on Mar 24, 2025

Yes. You can also file to enforce the parenting time and note that your enforcement efforts include the show cause motion filed contemporaneously with the enforcement motion. All of your enforcement efforts should be preceded by a written request to confer as an attempt to resolve the issue prior... View More

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2 Answers | Asked in Contracts and Civil Litigation for Colorado on
Q: Contractor owes $70,000 on unpaid invoices for completed jobs.

I have a contract with a contractor for asbestos removal, interior demolition, and mold remediation work. The contractor owes me $70,000 on invoices from several jobs, some due since December 2024. Although I asked for payments every Friday, the contractor has not responded. He claims some invoices... View More

Kia Miller
Kia Miller
answered on Mar 20, 2025

Assuming you are a subcontractor that works for this contractor, you may need to send an official demand letter (either by yourself or through an attorney) and ultimately sue the contractor for the unpaid invoices. You will need to look at any contract you may have with the contractor to see if you... View More

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2 Answers | Asked in Consumer Law, Libel & Slander and Civil Rights for Colorado on
Q: Can I sue for unauthorized access and threat to distribute photos?

I want to know if I can take legal action against a woman who accessed my personal photos from her 19-year-old son's phone without my consent. I had previously asked her son not to share these photos after he saved them. The woman has been harassing me and my family and is claiming she has... View More

Kia Miller
Kia Miller
answered on Mar 20, 2025

It sounds like at the very least this woman has been harassing you and your family so I would start by reporting this woman to the police if you have not already. You should be able to file a police report without an attorney.

Additionally, even the threatened disclosure of intimate images...
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2 Answers | Asked in Business Formation, Intellectual Property and Internet Law for Colorado on
Q: Can Konnectabiz.com protect its IP despite similarity to connectabiz.com?

I am in the planning phase of starting a business called Konnectabiz.com, which aims to connect small businesses with free resources. We plan to operate primarily in the United States with potential expansion internationally. We purchased the URL Konnectabiz.com, but we are concerned about the... View More

Kia Miller
Kia Miller
answered on Mar 19, 2025

The short answer is it depends. The first question is going to be whether consumers are likely to confuse Konnentabiz with a Connectabiz. If there is a likelihood of confusion between the two, the second question will be which entity was using their name (or trademark) in commerce first. In... View More

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2 Answers | Asked in Civil Litigation, Probate, Real Estate Law and Gov & Administrative Law for Colorado on
Q: How can I challenge false claims to my father’s estate and regain control over family lands in Colorado?

I am the sole legal representative and administrator of my deceased father's estate, which includes lands held by my family for generations. A woman falsely claimed to be married to my father to gain inheritance rights, supported by what I believe are invalid legal documents. Furthermore,... View More

Anthony M. Avery
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answered on Mar 18, 2025

If you are the administrator with letters then you are not doing your job. Do you have an attorney? Apparently your lawyer is going to need to file various actions in various Counties for ejectment, quiet title, unlawful detainer and/or conversion of mineral proceeds. Many SOLs apply and are... View More

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3 Answers | Asked in Intellectual Property and Trademark for Colorado on
Q: Does "Nuke Town Skate Co." infringe Activision's "Nuketown" map rights?

I'm considering starting a brand called "Nuke Town Skate Co." that sells originally designed clothing, skateboards, and stickers. While none of our products would visually reference Activision's "Nuketown" map, I'm concerned about potential copyright or trademark... View More

Alan Harrison
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answered on Mar 14, 2025

A court would consider several factors when assessing whether your proposed use of "Nuke Town Skate Co." might infringe on Activision's NUKETOWN name. First would be whether NUKETOWN, as used by Activision, actually functions as a trade mark, i.e. an identifier of Activision as the... View More

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3 Answers | Asked in Intellectual Property and Trademark for Colorado on
Q: Does "Nuke Town Skate Co." infringe Activision's "Nuketown" map rights?

I'm considering starting a brand called "Nuke Town Skate Co." that sells originally designed clothing, skateboards, and stickers. While none of our products would visually reference Activision's "Nuketown" map, I'm concerned about potential copyright or trademark... View More

Patrick A. Twisdale
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answered on Mar 14, 2025

There are multiple factors to consider. Using the name "Nuke Town Skate Co." could potentially run into trademark issues with Activision if they have "Nuketown" trademarked for merchandise like clothing, skateboards, or accessories. Even if your brand doesn’t reference the... View More

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1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: Can I remove my ex-wife's name from deeds of jointly owned lots in Colorado after our 1990 divorce?

I jointly own some town lots with my ex-wife after our divorce in 1990. I want to know if there's a way to remove her name from the deed, considering I've been paying the taxes on them for 30 years and their estimated value is around $1,000. There haven't been any court orders or... View More

Christopher N. Little
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Christopher N. Little
answered on Mar 11, 2025

You ask an excellent question!

I am assuming that you acquired these properties with your ex-wife after the divorce was complete. Since you have been paying taxes for about 30 years, I am guessing that the properties were purchased around 1995 (about 5 years after you stated the divorce was...
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1 Answer | Asked in Criminal Law for Colorado on
Q: How to write a motion to dismiss a criminal mischief charge in Colorado?

I am seeking assistance in writing a motion to dismiss a criminal mischief charge against me in a situation where I am accused without sufficient evidence. The only evidence is a call I made to the police about a vehicle parking in my assigned space. I have photographic evidence showing that the... View More

Tillman Clark
Tillman Clark
answered on Mar 7, 2025

Filing an effective motion to dismiss requires understanding specific legal grounds and proper formatting. For criminal mischief charges in Colorado, you would typically need to demonstrate that the prosecution lacks probable cause or sufficient evidence to meet the elements of the offense.... View More

1 Answer | Asked in Employment Law, Medical Malpractice and Legal Malpractice for Colorado on
Q: Can I sue a former therapist turned employer for unethical behavior and firing?

I worked for a clinician who was initially my therapist for two months before becoming my employer. During my employment, she used my personal background information, obtained during therapy, to manipulate me. I have documentation to prove her unethical behavior. Eventually, she fired me. Is there... View More

John Cimino
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answered on Mar 1, 2025

Most lawyers (thanks to the TV lawyers - sadly) will only take cases on a contingency fee basis. Therefore they only want cases with big damages. No lawyer will take a case unless the potential damages are big. And by BIG I mean hundreds if not millions of dollars. They don't care about... View More

1 Answer | Asked in Divorce and Contracts for Colorado on
Q: How to get spouse to pay car insurance during divorce in CO?

I am currently going through a divorce and need my spouse to pay her portion of our car insurance. We are separated, and both names are on the insurance policy. We previously discussed splitting expenses, and she paid her share for a few months. However, she now ignores my requests for her portion.... View More

Christopher N. Little
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Christopher N. Little
answered on Feb 15, 2025

You ask a great question and I am sorry to hear that you’re experiencing these troubles.

Assuming that standard practice has been followed and that everyone is properly joined to the case and no other pertinent orders have been entered by the Court, you are keen to focus on the Automatic...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My daughter in law told my son she wants a divorce. Can he move out so they aren't fighting. They own the house together

No children, will it look bad for him.

Christopher N. Little
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Christopher N. Little
answered on Feb 12, 2025

You ask an excellent question!

Considering that there is no divorce action filed and nothing is pending before the Court, absent other facts or circumstances not in your post, your son should be able to move out. Interestingly, Colorado courts have been very supportive of a person's...
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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Colorado on
Q: Hello. My husband and I have a 5 acre property zoned RR-5 on county land. We'd like to gift 1/2 the property to our son.

We would like to gift 2.5 acres (undeveloped) of our 5 acre lot (which has our home and a large shop on it) to our son and his wife. Right now we are zoned RR-5; we know we will have to go to the county (it is on county land) to try to rezone. We wonder how gifting 1/2 the property might impact our... View More

Anthony M. Avery
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answered on Feb 1, 2025

Most mortgages/deeds of trust have a due on sale clause, so you cannot deed it to anyone without the lender's consent. His tax basis is the same as yours if you deed it now while your living, but he gets a stepped up basis at your death as an heir. Hire a CO attorney to advise.

1 Answer | Asked in Car Accidents for Colorado on
Q: Driving down the interstate I had a cardiac episode and blacked out. Insurance wants to know if there were injuries.

Driving down the interstate I felt intense chest pains. I started to slow down and move off the interstate. As I was doing that I suddenly blacked out and my wife was able to grab the wheel and steer the car, only grazed 1 wire rope post before coming to a stop. No other vehicles were involved. She... View More

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2025

A Colorado attorney could advise best, but your question remains open for three weeks. Your reservations about whether or not you'll be covered are justified. It's possible your carrier will deny those expenses because they did not result from injuries involving the use and operation of... View More

1 Answer | Asked in Employment Law for Colorado on
Q: When does passenger in a vehicle stop being a passenger. When is the driver no longer responsible for that person?

Was deactivated from a job because of a "passenger"

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2025

A Colorado attorney could advise best, but your question remains open for a week. With personal lines insurance, auto policies usually contain provisions along the lines of "...arising from the use and operation of the vehicle... " The actual wording could vary from one carrier's... View More

1 Answer | Asked in Collections for Colorado on
Q: I got a spam email saying that I have a debt collection, in the email they threatened an arrest warrant and a court date

But there was no formal documentation of it in the sent email, it looks real but I've never seen something like that without the documentation download with it what should I do

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2025

A Colorado attorney could advise best, but your question remains open for two weeks. It could be spam - collection actions are not generally associated with arrest warrants. They are usually civil matters. However, attorneys here could feel uncomfortable in telling you to dismiss it or treat it... View More

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