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Colorado Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for Colorado on
Q: I live in Colorado & did business with a nursery in Tennessee on-line. All plants were DOA. No refund or credit

I started complaining via email in April. They wanted pictures and even suggested I send the dead plants back at my expense. They said they don't issue refunds, even though they say all plants are guaranteed. They will only issue a credit. I have been waiting for a credit for over 3 weeks.

Tim Akpinar
Tim Akpinar answered on Jun 20, 2021

A Colorado attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, usual options could include inhouse customer service, forums identified in the agreement for disputes (e.g., arbitration under AAA rules), or small claims/civil court. A Colorado... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Colorado on
Q: People staying on property no leases.

Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately

Sabra M. Janko
Sabra M. Janko answered on Jun 18, 2021

You can evict them through the formal eviction process if they will not leave upon your request.

3 Answers | Asked in Estate Planning for Colorado on
Q: My mom passed away in 2020. She had a sizable estate and a number of beneficiaries.

Her will stipulates that if any of her children passes away before the final distribution is made, that child's share is divided among the remaining living beneficiaries. Is it possible to put a provision in my will so that if I die before the final distribution is made, my share will go to my... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 16, 2021

Your will can not override her will.

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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I received a settlement offer about child support fm my son's father & I don't know if its the best choice or even legal

The settlement offer is for 1/2 the amount he owes claiming he will pay my son and i a lump sum if I cancel the child support order

Sabra M. Janko
Sabra M. Janko answered on Jun 16, 2021

Whether you accept it is up to you. You are entitled to the full amount - though not in a lump sum.

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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Mom & Dad passed away. 2 homes 4 siblings. 1 brother is living in 1 homew/other peole, need 2 sell how do you get him o

The brother has several people living in there & it's a mess. we can't find a will. There are no other known assets Mom passed away Nov. 2019. Can we legally get him out in order to sell the property. He is back & forth & both. We have changed the locks & he changes them.... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jun 15, 2021

One option: Have one of the children file for probate and ask to be appointed personal representative of the estate. The PR can bring an eviction action if necessary. The PR can then sell the properties and administer the estate by paying any liabilities and distributing the proceeds among the... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: my children's father is in the hospital, do I have to send my kids for his time with his wife if he isn't there?

my children hate going there in the first place, the house is always filthy as my ex and his wife leave it a mess and leave it to pile up for our kids to clean it when they have to go to his house. He has been in the hospital for the past few days, my kids absolutely do not want to go. This is... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 14, 2021

I am sorry to hear about your situation. If there is a court order allowing him parenting time, then you have to send the children. If you feel that a modification of parenting time is warranted, then you may be able to request a modification.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: So my mom won’t let my dad have my dog over to his house cause my dog is comforting her new boyfriend who is bipolar

My mom and dad bought the dog and gave him to me my name is on his collar can I legally take my dog to my dads and leave him there? Also I would like for my dog to stay at my dads because he is diabetic and has kidney failure so I want my dog to be his service animal he wants that also. My dad... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jun 14, 2021

Yes legally you can take your dog to your dad’s house and leave him there.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hair follicle drug test

You

Well the court ordered hair follicle drug test for both parties because my ex accuse me of using drugs they gave us 30 days to have the results turned in which was June 7 what is the deadline I turn my results in but they ask who accuse me has not even submitted any test results at all... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 12, 2021

If she has not complied with a court order, then the court order can be moved to be enforced.

2 Answers | Asked in Trademark for Colorado on
Q: If I buy a trademarked item from a licensed seller can I use that item in the product I create and sell it?

I am buying the insignia for a military branch then affixing it to a wooden flag, then selling the flag. The company I am buying the insignia from is licensed to sell them.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 11, 2021

Probably not.

It will depend on the conditions of the sale.

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1 Answer | Asked in Adoption, Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on
Q: If I bought a dog from somebody and they weren't up to date on the shots and I wanted to return the dog and get a refund

And is it illegal to sell a dog without up-to-date shots to somebody

Kristina M. Bergsten
Kristina M. Bergsten answered on Jun 9, 2021

Depending on where the dog came from, it is very likely a PACFA violation. Age could also be a problem (a dog sold too young (i.e., less than 8 weeks old) to receive certain shots is a violation - although dogs do not have all their shots at 8 weeks due to boosters being necessary over a period of... Read more »

1 Answer | Asked in Animal / Dog Law and Libel & Slander for Colorado on
Q: Can I sue for defamation for a neighbor spreading lies about our dog?

Our neighbor has been spreading lies about our dogs for years. Saying they were viscous, they have attacked them, etc. Our dog got into some trouble and their lies caused the situation to escalate quickly and resulted in our dog being taken away for 6 weeks, and going through a whole ordeal. In... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jun 8, 2021

Unfortunately, no because Colorado views dogs as property so that would be like suing for defamation for someone spreading lies about your couch. But you will need representation if you have been cited for a criminal violation by animal control. If you can prove your neighbors engaged in abuse of... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: If the fence has been in the wrong spot for more than 20years . Can I claim it as the property line??
Anthony M. Avery
Anthony M. Avery answered on Jun 8, 2021

That fence line has probably been acquiesced as the boundary regardless of what the adjoining properties' deed legal descriptions say. In any event, you can certainly claim it is the boundary, and it is up to the other owners to sue for a boundary dispute, declaratory judgment, etc.... Read more »

1 Answer | Asked in Tax Law for Colorado on
Q: What penalties will I receive for submitting taxes as a dual LLC if we were a sole member in 2020?

Hi!

I recently filed my taxes with a filing agency, and they submitted my taxes as a dual member LLC, but we are a sole member LLC.

Am I going to get automatically audited? How can I protect myself?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 8, 2021

We are a sole member LLC? That sentence doesn't sound right.

This sounds like a marital partnership.

There's no additional tax or penalty for filing as a partnership vs a Sole-proprietership. Assuming that the partnership return was filed timely.

The difference...
Read more »

2 Answers | Asked in Criminal Law for Colorado on
Q: Can I get a case closed by providing the DA info on a high priority cold case?

Me and my fiance have criminal cases open, non violent. He is currently in custody. I was wondering how it works to give the DA information as a trade to having him released and our cases closed. The information I have is on a high priority cold case, they recently offered a high reward for... Read more »

Philip M Smith
Philip M Smith answered on Jun 7, 2021

No DA will make a promise based on the vague information you are willing to share. You need to have a criminal defense attorney try to negotiate this for you. It may not be possible.

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1 Answer | Asked in Estate Planning for Colorado on
Q: My husband and I only have our home, bank accounts and retirement accounts. No minors, do we need a willl or a trust?

Our life insurance policies have beneficiaries as do our retirement accounts. We will name each other as agents/beneficiaries and another family member as a secondary agent.

Sabra M. Janko
Sabra M. Janko answered on Jun 6, 2021

It is always a good idea to have a will to ensure that your property passes as you wish rather than by state law. Additionally in your will you appoint a personal representative to handle the estate. Certain retirement accounts may be passed to the other spouse if you have a survivor benefit plan... Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado is a CFI supposed to be non bias. Can their duties be to only investigate o e party.
Sabra M. Janko
Sabra M. Janko answered on Jun 6, 2021

A CFI is appointed by the Court and must be non-biased. The CFI never evaluates a single party but rather speaks to both parents and the children and makes a recommendation about allocation of parental responsibilities.

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1 Answer | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I need medical insurance advice

Hurt my back working out at the gym. I have insurance through my job. I got some testing done which includes imaging. I got a preauthorization and met my deductible, payed all bills. Two years later.. I get medical bills that hit my credit, then bills equating to $13,000 which my far surpasses my... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

A Colorado attorney should advise, since the matter could involve state-specific laws, but your post remains open for five weeks. If you reached out to attorneys to discuss, they may want to review the file in its entirety, including authorizations, bills, denials, etc. and trying to identify where... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Colorado on
Q: Is there any way I can get someone outside my family who has car insurance to help me get my victims relief payments ?
Brian Michael Bradford
Brian Michael Bradford answered on Jun 1, 2021

When determining which insurance may apply to your particular crash, it is very important to understand the circumstances of how the crash occurred. For example, were you a passenger or the driver? Was the car you were in your car or someone else's? We would be happy to discuss the facts of... Read more »

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1 Answer | Asked in Criminal Law for Colorado on
Q: I had received a misdemeanor summons for possession of a firearm while intoxicated, chances of jail time? First offense

I was unresponsive when police arrived, gun confiscated, released to hospital, summons on July 22

Philip M Smith
Philip M Smith answered on May 27, 2021

Highly unlikely since you didn't menace anyone. Get some help with the alcohol please.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Colorado real estate contract. Timely terminated after inspection. Can attorney demand forfeit of earnest money?

We went under contract to buy a colorado house and paid $65,000 earnest money. Contract gave date of may 24th for inspection termination. We viewed the property on the 14th may, it was in terrible condition, much worse than we were led to believe. We immediately terminated the contract and... Read more »

Donald C Eby
Donald C Eby answered on May 26, 2021

You have a lot of money at risk here. Unfortunately, the answers to your question and your legal rights WRT demanding the return of your earnest money is dependant upon the specific language in the Buy/Sell Agreement the language you used in your termination. If you used the Colo Real Estate Div... Read more »

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