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My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty... View More 
answered on May 20, 2023
It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.
Generally... View More
Constitution makes a statement about the general assembly, not imposing upon the obligations in a private contract. Wouldn’t that be in to fair to say that the law cannot thwart the obligations in a private contract? Or can the law superceede any contract? What if the parties are not obeying the... View More
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answered on Apr 20, 2023
Contract Law and the constitutional do overlap. It’s a give and take. While most contractual provisions may be valid, the state does have a considerable amount of power under the police power to affect contract law. Each state has the power to write laws to support public wellness. If a law is... View More
I hired a GC & signed a contract to remodel my bathroom. I have not received a copy of this contract despite asking every day. The contract stipulated an est of $15k-a $4k deposit & $4k upon completion & I would pay for materials. The GC showed references & licensing info & they... View More
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answered on Apr 19, 2023
I suggest considering a demand letter to the contractor regarding the issues. Keep in mind if there are construction defect issues, you'll need to consider a notice of claim letter per the Construction Defect Action Reform Act. If they do not make an effort to resolve the situation, you may be... View More
Then ask for an EUO almost 8 months later? They did not ask for EUO with in 15 days. The claim has now drug out to be eight months long. We just received one small payment, and they are not wanting to pay out the rest of the claim which is substantial.
According to our declarations. We feel... View More
answered on Mar 4, 2023
A Colorado attorney could advise best, but your question remains open for a week. More details are needed about the carrier's need for the EUO. You raise a good point. If the claim appears to be turning contentious, you could explore representation. Most injury law firms offer free initial... View More
answered on Mar 2, 2023
A certificate of service is filed with a court to show that documents related to the case have been mailed to the opposing party (or opposing counsel).
This is different than saying that a party has been properly served the summons to initiate the case. It could be different in your state,... View More
My senior class organized a game where everyone bought into the game and the winner receives a cash prize. It is organized by students, not affiliated with the school. Every player signed an agreement that they accepted the rules. Students are being kicked out of the game, despite not violating any... View More
answered on Feb 3, 2023
Contact the Colorado Attorney General to file a consumer protection complaint.
https://coag.gov/office-sections/consumer-protection/
This may also be considered theft and/or fraud. Filing a police report may be appropriate.
You would also have a civil action for breach of... View More
I only signed contract with the contractor and he is bankrupt now. what should I do?
answered on Jan 10, 2023
Dear Owner with Subcontractor Lien: The threshold question for proper legal analysis pertaining to the Subcontractor is whether or not the subcontractor sent to you, or tried to send to you, a certified mailing containing the proper notice that is required prior to recordation of a lien (it's... View More
If the time specified in section 1 passes and the landlord has not returned the security deposit or provided an itemized list of deductions, are damages and fees still deducted from the amount of 3x the original deposit?
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answered on Dec 29, 2022
Think of them as separate topics. The security deposit is meant to secure the performance of the lease. Once the time period has passed, the landlord forfeits the right to retain the security deposit. At that point, you have the responsibility to send the appropriate letters and bring legal action... View More
The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... View More
answered on Dec 4, 2022
You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.
Once you have a judgement you would... View More
I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?
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answered on Nov 9, 2022
That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.
Please be... View More
My wife and I moved out of our apt in Westminster, CO in 2020. We truly left the place significantly cleaner than it was when we moved in. They told us we would receive a fraction of our deposit. That alone can bring up another legal question in itself. We called so many times asking about when we... View More
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answered on Nov 9, 2022
There may be potential legal actions you can take. But you should call an attorney ASAP. If you are going on three years, there is a good chance you may toll under the statute of limitations meaning any claim you could bring you can no longer bring because you waited.
Please be aware that... View More
Currently, I work for a company as an HR representative that does not have any employees, but only independent contractors. The owner recently implemented a new policy. This policy includes some points that i believe teeter along the lines of formal employment. For clarification, these independent... View More
answered on Oct 23, 2022
Hello, your question is a very common one. This is not legal advice specific to your situation, but may be helpful as you continue to frame your question and seek a Labor & Employment Law attorney to help you.
In general, the IRS publishes a few resources to help businesses classify... View More
Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes
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answered on Oct 20, 2022
I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... View More
I'm just really confused and feel like my things are stolen/gone. Can't get ahold of customer service, and I have no email, post, or anything on their online account site showing any reason why my gate code shouldn't work. My next bill isn't due until next week. I even read... View More
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answered on Oct 19, 2022
Well, you may have a claim for breach of contract, conversion, and/or theft. It just depends on how the storage company responds and if you are in compliance with your contract. I would get in contact with an attorney to try to help to resolve the matter.
Please be aware that any answer is... View More
I have trust land and the tribes want to buy my interest and conveyance for something
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answered on Oct 19, 2022
Afternoon,
I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a... View More
We got a reconciliation with amounts withheld much higher than expected, and the numbers are all even and round. We do not feel like this is the actual amount paid for any damages that he claims are beyond “normal wear and tear”
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answered on Oct 12, 2022
There are very strict requirements around security deposits. I encourage you to reach out to an attorney. If a security deposit is wrongfully withheld if may subject the landlord to treble damages plus attorney fees and cost. Like I said, it does not hurt to talk to an attorney.
Please be... View More
can seller just terminate the contract
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answered on Oct 5, 2022
I suppose I will answer the second question. It depends. While it is harder for a seller to terminate the contract, it is not impossible. It all depends on the contract. Because we cannot look at the contract, this question is impossible to answer. If the seller terminated the contract and you... View More
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answered on Sep 22, 2022
I would think that would depend on your contract and if they can link the damage to your use of the car. If the rat was already living in the car when you took it, is it really your problem? Depending on the amount, it may be worth talking to an attorney.
Please be aware that any answer is... View More
There are many dogs on that list now living in my complex. The office says the owners of those dog’s presented documents claiming the dogs are “emotional support “ animals and they are required to accept them. How is this not a breech of my lease which prohibits such dogs? Thank you
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answered on Sep 16, 2022
In many circumstances federal and state law trumps contract law. Contract law must live in the legal framework setup by both the state and federal governments. A personal contract typically cannot supersede a state or federal law unless the law allows itself to be superseded.
If a contract... View More
I started a new instagram account for my twin boys and have posted a video that reached 6 millions views in a week or so and a company contacted me to get a permission from me to share their video in their social media and I will get 60% and they get %40. So I just want to talk with an attorney... View More
answered on Sep 11, 2022
You are wise to check with an attorney before you sign anything that does not make sense. Generally, the person creating a video clip has an automatically-occurring copyright in that video. The automatic rights are harder to enforce or sell, but the maker of the video clip can register their rights... View More
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