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Colorado Questions & Answers

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

Q: Is it abandonment if he knew about his child and hasn’t contacted me since he found out?

My son is 16 months old. The last time I spoke to his father was four days after I told him that I was pregnant. He was fairly wishwashy about whether or not he wanted to be involved in his child’s life, so I told him that he had my number and to call me when he made up his mind. I never heard... Read more »

John Hyland Barrett III answered on Jun 18, 2019

It may be possible for your husband to adopt your child once married. In order to do so, the father's rights will have to be terminated. Lack of contact and/or support for over 1 year is grounds for termination, if the judge finds it to be in the child's best interests to do so. You should consult... Read more »

2 Answers | Asked in Family Law for Colorado on

Q: I want to move back into my premarital house my husband is not on. We have a house, what is my financial responsibility?

John Hyland Barrett III answered on Jun 18, 2019

This depends on whether you have a contractual responsibility for the marital residence. Are you on the mortgage? If so, you and your husband are each jointly responsible for the entire obligation. Also, you have a general duty of support to your spouse, if needed. You should consult with an... Read more »

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1 Answer | Asked in Business Formation for Colorado on

Q: My trade name exp in Colo in 2009. In Good Standing for Art of Org in Colo. Do I need file a a new trade name?

I went on the Colo Sec State site and do not see renew option for my trade name, just the ability to correct info for historical purposes.

Curious about penalties? Thank you.

D. Mathew Blackburn answered on Jun 17, 2019

Only if you are doing business under a different name than that of your LLC articles of organization.

1 Answer | Asked in Business Law, Contracts and Employment Law for Colorado on

Q: Can a director who is paid a salary also work as independent contractor for the same company and be paid as such

A programs director for an agency that takes care of people with Developmental Disabilities is paid as a programs director but also serves clients from his agency and is paid as independent contractor for serving the clients in his house

D. Mathew Blackburn answered on Jun 17, 2019

Yes, but the differentiation in roles and the basis for contractor treatment should be documented and retained for audit and an independent contractor agreement should be signed.

1 Answer | Asked in Estate Planning, Contracts and Probate for Colorado on

Q: how Much time does an executor have to settle the estate?

My grandparents died 5 years ago and had a house out of state that hasn’t sold. It is listed online as “off market” and we still have not received the inheritance from the executor. Do they have a time limit on when this needs to be paid out? It’s been 5 years and it still is not settled.

Bruce Alexander Minnick answered on Jun 17, 2019

There is no set time for an estate to be wound up and paid out; it depends on the size of the estate and other factors. The executor (or personal representative) of a last will has a fiduciary responsibility to protect the assets entrusted to them and to insure that everything is done legally so as... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: Need help with a real estate contract for my 84 year old mother in law. Listing period has no dates. Can we cancel?

The sellers agency contract has no dates in the listing period of the contract, section 3.6.. We are unhappy with the performance of the agent can we cancel after 45 days of being on the market but no term was ever entered. Both parties signed the agreement. This was the only data missing and no... Read more »

Donald C Eby answered on Jun 16, 2019

LIkely yes. But, most brokers are willing to grant a mutual termination of the seller is not happy with their performance rather than risk a lawsuit. If the Broker is uncooperative your Mother-In-Law should bring the listing agreement to an attorney to evaluate and likely send the broker a demand... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: I plan to purchase a home in CO with my (adult) child, splitting the down payment, mortgage, and all costs 50/50.

I'll be contributing cash and she'll be securing the mortgage, but I'd also like to be on the deed. Can this be done without my name on the mortgage loan? Also, if I should die, can my 50% be automatically split between the child I co-own the property with and my other (adult) child? Is there a... Read more »

Donald C Eby answered on Jun 16, 2019

You definitely should be named on the Deed, to protect your investment. Yes, you can obtain a mortgage obligating only one individual but take title to the same property in the name of two individuals. You risk that you will be wiped out should the lender need to foreclose.

You'll need to...
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1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on

Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... Read more »

Donald C Eby answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: How much of the carpet replacement cost am I liable for after living in a home for over 3 years?

I recieved a move out statement from a collection company stating that I owe for damages and full replacement of the carpet. I lived in the home with my friend, his wife, their two kids, and a dog. We paid a pet deposit, and pet rent every month the entire time of living there. I know there were... Read more »

Donald C Eby answered on Jun 16, 2019

If this issue went to court, even if the carpet was new when you moved in, it is unlikely that the court would hold you responsible for more than half the cost of the carpet. Generally, carpet is expected to have a 7 year normal lifespan. As such, half of the useful life of the carpet was... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: What is the length of notice a landlord must give for a notice to vacate?

We have lived in our home just short of four years, first year was on a lease, now we are just a holdover. Two weeks ago Landlord put the house up for sale, within days it was under contract. The home inspection is Saturday. I am told to expect a 30-day notice after it is completed. I read CRS... Read more »

Donald C Eby answered on Jun 14, 2019

The statue that you refer too is often misunderstood. Whether or not you have the right to 90-days notice is dependant upon your lease (even though you think it is expired).

If you refuse to move based on the note, the Landlord may bring an eviction action at which time you'll have the...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I put in my 30 day notice that I would be gone by 6/15/2019 but I paid for the whole month can't I stay until the 25th

Two or three months ago our lease came up and my husband talked to our landlords husband about month to month lease and he said it was fine. We go on the rest of the month thinking everyone is on the same page until he gets a text from his wife asking for our 30 notice and how she isnt comfortable... Read more »

Donald C Eby answered on Jun 14, 2019

If you paid for the entire month and your landlord accepted your payment you may have a strong defense to an eviction initiated by your LL.

It is unlikely that your Landlord has the right to invade your space to clean and prepare for next tenant. Review your lease.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: friend of mine bought a puppy at 8 weeks old & she handed puppy to me & I've been taking care of the puppy 24/7 for 8 w

visited puppy 4 days 3 nights,1play date for 2 hours took puppy last Friday & still not returned & being very difficult she also made me lose my job from what work says how do I get the puppy back hes my heart

Kristina M. Bergsten answered on Jun 14, 2019

Unless this person gave you the puppy in writing or words, the puppy belongs to your friend and she can take it back any time. I would recommend searching for a puppy at a shelter to help ease the pain of your loss.

1 Answer | Asked in Car Accidents for Colorado on

Q: Daughter in car accident. Insurance company dragging feet on liability and being very ridiculous.

Insurance has taken statements from both drivers, has police report and witness statements. Other driver cited for illegal left turn / failing to yield (daughter going straight thru intersection). Insurance has twice stated that other driver at fault/liable. Yet 4 weeks after accident they... Read more »

Peter N. Munsing answered on Jun 12, 2019

In most states the law says car damage has to be settled promptly and fairly. Most give 30 days. At 30, file a complaint with the insurance commissioner. If your daughter was hurt she should get treatment and see a member of the Colorado Assn for Justice--they give free consults.

1 Answer | Asked in Business Formation for Colorado on

Q: I own a commercial building in Longmont, Colorado and am applying for a site plan waiver and change of use. See below:

Part of the awning and cement steps in the original established main entrance to the building (built in 1928), encroach slightly on the line for public right-of-way. As far as I know, the steps and cement awning were part of the original construction in 1928. In my pre-application, the city... Read more »

D. Mathew Blackburn answered on Jun 12, 2019

They can require anything until you challenge their authority. You're going to want to get an attorney on this one. Good luck.

1 Answer | Asked in Real Estate Law for Colorado on

Q: What is a liability for really old sewer lines that are still functional?

I'm selling my really old house, the pipes are 100 year old clay. We live next to a university whose land are pipes cross. They burst on their property twice and have been repaired and replaced, but from that point on it is still the original pipe to the house. Well they haven't taken any legal or... Read more »

Donald C Eby answered on Jun 12, 2019

Disclosure is your best answer here. You don't have to fix the pipes if you disclose. Not fixing and not disclosing is risky.

2 Answers | Asked in Real Estate Law for Colorado on

Q: What if neighbor violates terms of an easement in CO?

Our neighbor has planted trees and bushes directly over our sewer lateral, which crosses his property on an easement. The easement agreement says, "the covenants and agrees (i) not to construct, install or maintain any structures or fixed improvements within, over or upon any portion of the... Read more »

Donald C Eby answered on Jun 11, 2019

You don't have to wait for the trees to damage your lateral lines. You can demand that they be removed now. If your neighbor refuses your request I recommend that you contact an attorney who can send the neighbor a demand letter outlining the law supporting your position and the additional... Read more »

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

Q: We've had a verbal lease agrmt for 4out of 6yrs. He verbally agreed to rerent in Jan for 7/19-7/20. Now he's backing out

We have rented from the same gentleman since 2012, he lived out of state until last year. In Jan we had to change internet providers. He said to put it in my name as we would be releasing again. I asked specifically because I didn't want to sign up for a 2yr agreement if he wanted us to move in 6... Read more »

Donald C Eby answered on Jun 10, 2019

If you refuse to return possession the LL will determine if he want to initiate an eviction action. If he does then you will want to show your evidence to the Judge in hopes of creating a contract through March of 2020.

You may consider having an attorney draft a demand letter to your LL...
Read more »

1 Answer | Asked in Civil Litigation and Health Care Law for Colorado on

Q: How does a garnishment for a hospital stay work? And how can I stop it or condense it?

A court was held but I didn't know and just received all the paperwork after being garnished this last paycheck.

Donald C Eby answered on Jun 10, 2019

Have your considered filing Bankruptcy? This is usually the most effective method and you may gain additional debt relief in the process.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Who do we contact about landlords not repairing home that is leased?

Lived here 9+ years. Mold. Unfixed repairs.

Donald C Eby answered on Jun 10, 2019

This may fall under the Colo Warranty of Habitability which was strengthened earlier this year to give tenants more power in recovering damages. A good first step would be to have an attorney send your landlord a demand letter outlining the issues and your rights.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: He is named on the lease but I am not. He moved and I continue to pay rent online. What are my legal obligations?

I have been paying the rent in my name for the entire year. They have not said anything about it. His lease ends in 6 weeks and I am moving out at the end of his lease. If he comes back to live here and does not pay money for future rent can I be taken to court for eviction/ or sued for anything in... Read more »

Donald C Eby answered on Jun 9, 2019

If you are not on the lease you have no obligations to the Landlord.

Good Luck!

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