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Colorado Questions & Answers
1 Answer | Asked in Insurance Bad Faith, DUI / DWI, Personal Injury and Car Accidents for Colorado on
Q: I was rear ended by a drunk driver. He never gave his insurance to me or police. Is it legal for me to call/ go see him?

The police report we were given has his name, phone number, address, and the information for the owner of the car (his mom.) It seems like the only way to ask him for his insurance is to call, send a letter, or go to his house. I wasn't sure if any of those options are ok to do.

Randy Bryan Ligh
Randy Bryan Ligh answered on Mar 29, 2022

Especially if you are injured, but in general, accident/injury lawyers will provide you a free initial consultation and I recommend that you contact a few and take us up on it. You will obtain a better understanding of the process and perhaps get a better idea on how to proceed ----and perhaps... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Boyfriend was accused of SA to a child in 2019.

Douglas T. Cohen
Douglas T. Cohen answered on Mar 27, 2022

sorry to hear this. Do you have a question or are you seeking legal counsel for him?

1 Answer | Asked in Domestic Violence for Colorado on
Q: How can I get permission to talk/contact defendant abouy pregnancy when we have a no contact restraining order?

As a victim of a dumb domestic violence case with a no contact with restraining order made by judge which is I against my wishes and 24 weeks pregnant. I already filed for a non harassment order right after first court date... But how can I get permission to talk/contact the defendant in jail about... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 27, 2022

You should always keep your safety and the safety of the baby in mind. There is a protection order in place for a reason. However, you can ask the prosecutor to modify the protection order in order to allow discussion about children.

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: If a child is legally adopted in the state of Colorado. Can they claim an inheritance from their bio parent? No will

Biological parents are dead and left no will.

Can the adopted child they gave up claim any inheritance

Johanna L Hendley
Johanna L Hendley answered on Mar 26, 2022

Generally speaking, no. Look at Colorado Revised Statutes 15-11-119, which says that there is no right of succession / inheritance between an adoptee and biological parents. There are exceptions, though, so read the statute completely to see if any apply to this situation.

1 Answer | Asked in Divorce for Colorado on
Q: When filing divorce paperwork I'm at the part asking about cash on hand and bank accounts.

When filing divorce paperwork I'm at the part asking about cash on hand and bank accounts. We didn't share bank accounts or money. So do I check joint because I had the account while we were together?

Sabra M. Janko
Sabra M. Janko answered on Mar 26, 2022

Joint accounts are accounts that are jointly titled. If you have an individual bank account you identify it and mark it individual.

1 Answer | Asked in Criminal Law and Family Law for Colorado on
Q: Hi I had a civil order of protection against me in Colorado and it was dismissed. Can I legally contact my ex

Ok so this was a domestic violence case in Colorado. I was never arrested or charged with any crime .This has all been civil .And the civil order of protection was dismissed by the judge.So I assumed I could then contact my ex girl friend. Then a da investigator says pending charges are under... Read more »

Douglas T. Cohen
Douglas T. Cohen answered on Mar 26, 2022

Good day. Sorry you have this confusion but also not sure what you are asking. It sounds like the court and sheriff have already told you there is no criminal or civil protection order prohibiting contact.

However, you say that they also informed you, which seems accurate, that if you...
Read more »

1 Answer | Asked in Intellectual Property for Colorado on
Q: I'd like to get any info on how should I act not to violate design rights.

I am an Amazon entrepreneur. We manufacture picture frames using the names and team colors of NFL teams. We received notification about intellectual property violations. Amazin indicated it as design right infringement. But there were no logos, only team colors. I’d like to know where I can check... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Mar 25, 2022

Football logos are protected by trademark law. Trademark protection is recognized in the first user of the logo to associate the logo with good or services in a marketplace. The protection of that logo is automatic, but limited. For a larger set of legal protections, the logo owner should register... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Arbitration / Mediation Law for Colorado on
Q: Bought a home through champion homes. paid for it ,said it would ship in 2 week its been 6 and cant get any help

The broker stopped after the deposit and took $19000 off the top in Feb 2021and stopped working on my behalf, had to go to another dealer for help or to his boss , who is who I dealt with, but there is Money issues that I didn't get credit for said they would sell home if payment wasn't... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Mar 23, 2022

You are buying a modular or manufactured home in Colorado. The law covering this purchase is a combination of contract law for the sale of goods and real estate law. Your purchase should have come with a sales agreement that clearly states the sales price and the delivery date. Even a statement... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: Mother (Exwife) wants to relocate out of state with child. How often do dads win primary custody in relocation battles

Mother has remarried, has two more children with step-father. We share 50/50 custody of our 8 YO son. Mother and new family want to move out of state. I have a pretty serious lady in my life, but not remarried. Ex and I have a good working relationship and son is doing great in all aspects. 5... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 23, 2022

Each case is different. It is not about gender but what is in the child's best interests.

"How do I show it's better for him to be with his single dad than whole new family?" That is a question that you have to ask yourself to determine what is in the child's best...
Read more »

1 Answer | Asked in Probate for Colorado on
Q: My boss recently died and I had been living with him for about 7 months. Do I have some sort of rights to get my stuff?

One of my bosses friends girlfriend has somehow been put in control of his estate and won't allow anyone to even go on the property. She let me go there once to get his poor dog that was locked in the house but told me I couldn't take anything. I have quite a bit of stuff there and am... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Mar 22, 2022

You deserve access to your personal property. You do not automatically lose rights to your property when the owner of the property passes away. Look at Colorado Revised Statute § 30-40-101(1)(II)(C) which essentially states that a person "previously given permission to enter and remain on the... Read more »

1 Answer | Asked in Business Formation and Business Law for Colorado on
Q: Many businesses are creating "staffing agencies" to provide labor only to businesses they own - what are the advantages?

Working in workers' compensation in Colorado, we have noticed recently a large number of businesses creating "staffing agencies" where they provide labor only to their own businesses, not to other client companies (so technically not staffing for our purposes). We had never seen... Read more »

Kevin Michael Strait
Kevin Michael Strait answered on Mar 21, 2022

Business strategists and corporate attorneys sometimes recommend wholly-owned staffing subsidiaries. A parent company will own several businesses of the same kind and own a staffing company. This business structure makes sense when there are multiple locations that all operate in substantially the... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: I received a payment adj. in the mail does the other parent requesting this get to see all of my info or paperwork?

The custodian parent requested an “adjustment” I filled out all the documents and sent them back, haven’t heard anything yet…… does the custodian parent get to see all the paperwork I filled out with all my information on it?

Sabra M. Janko
Sabra M. Janko answered on Mar 20, 2022

Yes, both parents have the right to see all of the financial disclosures filed in relation to the case.

1 Answer | Asked in Estate Planning for Colorado on
Q: How do I write a will and give one daughter 90% of my estate and the other daughter 10%,

My husband passed away in November of 2021. When he died he left everything to me, which included 5 income properties, 2 businesses and several antique vehicles. I need to do a will for myself now. I have 2 daughters, but one of my daughters is living on public assistance and she’s disabled. I... Read more »

Kyle Grabulis
Kyle Grabulis answered on Mar 15, 2022

For your two daughters, specifying how much you would like to give each of them (90% to one, and 10% to the other in this case) is almost as simple as saying just that in a properly executed will. Wills can leave what are called "bequests" to different individuals, and you can specify... Read more »

1 Answer | Asked in Family Law, Medical Malpractice and Child Custody for Colorado on
Q: My medical records used in custody dispute, without my consent or knowledge via ex. What action can I take?

My ex provided a print out of my medical information from delivery as an exhibit in our custody hearing yesterday without my consent or knowledge in an attempt to slander. Colorado

Sabra M. Janko
Sabra M. Janko answered on Mar 12, 2022

I am sorry to har about that. How did you ex obtain a copy of your medical records? Your consent is not required for use as evidence.

1 Answer | Asked in Divorce for Colorado on
Q: I'm not sure what this means I'm not the petitioner and what does it mean if anything if he has left home now.

Pending sale, petitioner shall be responsible for all loan payments, insurance, taxes, utilities and maintenance, and petitioner shall be accorded possession of the property pending sale. I don't have a job but he left the home after this was made house is in both of our names. The house never... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 11, 2022

I would need to actually read the order to be sure, but it sounds like he was to pay the mortgage etc. until the house sold. You should consult with a lawyer to help you decide how best to proceed. The fact that he left does not change the order.

1 Answer | Asked in Estate Planning, Collections and Health Care Law for Colorado on
Q: If my husband died in the hospital, in Colorado, am I responsible for his medical bills?

All the bills are in his name only - I had not signed anything.

Kyle Grabulis
Kyle Grabulis answered on Mar 11, 2022

Generally speaking, you are not responsible for the debts of another person, even if its your husband's medical bills as in this case. Since they are in his name only and you did not sign anything personally guaranteeing payment, you are not responsible for that debt.

However, your...
Read more »

1 Answer | Asked in Employment Law, Tax Law and Business Law for Colorado on
Q: I'm curious what I would need to do, legally, to be able to have a vendor booth at biker rallies in different state

I currently own and operate a tour company in Colorado and have a vendor booth set up here. I would like to be able to travel state to state to different biker rallies with my booth and be able to be a vendor in different places throughout the Summer.

Kevin Michael Strait
Kevin Michael Strait answered on Mar 10, 2022

Unless you become a part of a single organization that has already arranged rallies is various states, you will need to register with each rally you pan to attend. Each state (and each county or city) will expect you to hold a license to do business in that state and collect sales taxes. You may... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Colorado on
Q: Are the details below obstruction of justice and if so, can I file for obstruction of justice?

I am currently in a custody case with 3 individuals. Me, the Father, and his sister/intervener (sister has guardianship) we just went through a Child family investigation and the CFI recommended that the guardianship is no longer in the best interest of my son and that my son should be returned to... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 10, 2022

A CFI Report not not pertain to "justice" but rather the best interests of the children. Generally prosecutors are not interested in pursuing issues that arise in civil matters. However if you believe that someone behaved inappropriately in the civil case, you can raise that issue in the civil case.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am a new property owner by inheritance. A property management firm had a contract with previous owner.

Is that contract still valid?

James A. Greer
James A. Greer answered on Mar 3, 2022

Dear Inherited Property Owner: You asked if predecessor's contract for services (in this instance Property Management Services) is binding upon the heirs. The only way to answer this question is to examine the underlying contract entered into by your predecessors. If there is no contract,... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: If you're arrested for drug possession, is a drug test administered? If so, what happens if you pass it?

Would the charges be lesser, or could it be argued you had intent to distribute if you had drugs on you but none in your system?

Richard W. Noel
Richard W. Noel answered on Mar 2, 2022

This is a general answer to your question and not specific to your jurisdiction. However, drug possession is drug possession. It doesn't require one to use the drugs. Intent to distribute is generally based on the amount of drugs a person is possessing. If you have a pound of meth, and you... Read more »

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