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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 
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... View More
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
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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
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
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... View More
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
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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.
I have a deposition approaching can I ask which questions will be asked ahead of time?
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answered on Jun 19, 2024
It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.
That being said, there are very limited instances where your attorney may stop the... View More
First owner died, has one living son. Second owner died with no descendants but has sister and brother.
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answered on May 11, 2024
Typically, if no will exists then the state’s intestacy statute would govern. If you have questions you should contact an attorney.
You will most likely need to open probate and resolve any property issues that way. For Tenants In Common, ownership typically passes without regard to the... View More
Hello, I purchased a vacant land property in Colorado (Park County) in 2016. The seller and I closed without a title company and recorded a deed in my name. I am now trying to sell the property via a title company. The title company now says that the deed that was recorded to me is missing the... View More
answered on May 5, 2024
You should first consider asking the new title agency since they will be the first gatekeeper as to what they will, or will not accept.
Your situation proves the point that nothing is a problem until it’s a problem which is precisely why having an attorney and a title company involved in... View More
A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More
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answered on Mar 15, 2024
Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More
A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More
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answered on Mar 15, 2024
In this scenario, the house sold by the executor, on behalf of the estate, is still considered inherited property. Since the woman passed away without a will, the estate is handled according to Colorado's intestate succession laws. The property, even though not formally transferred to the... View More
We are both 50% owners and it is under his management but I want to manage and own my half of the building and it's income. I'm not sure if there just gets too 'messy' and it is advised to simply sell a property instead, in a situation like this. Thank you.
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answered on Feb 27, 2024
You most likely need a contract describing the relationship. In the alternative, you can potentially do a partition action to sell the entire thing. It just depends on what you would like to do, what the other party is willing to do, and so on. Either way, I would contact an attorney to discuss... View More
"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"
Does this statement transfer all rights from grantor to grantor's son?
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answered on Feb 9, 2024
The granting clause is a little imprecise. That is actually an estate in the grantor until the termination of the grantor's son' life, and then either goes to a remainderman or reverts back to the grantor and his heirs. It is a future interest deed. You have not stated enough facts... View More
"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"
Does this statement transfer all rights from grantor to grantor's son?
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answered on Feb 9, 2024
I agree with Mr. Avery. You did not include the important part of the granting clause. It is clear that a life estate is at play here but nothing else can be seen here.
If you want a precise answer, you need to hire a CO attorney. It is very unlikely anyone will give you legal advice... View More
We have a Covenant which prohibits various farm animals etc and exempts normal household pets if they are “under the control" of the owner when on common property - no mention of a leash. A few months ago, the president of the HOA enacted a Rule and Regulation that dogs must be “on a... View More
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answered on Feb 5, 2024
This is a hard one that would require some legal research. Hence, you may want to hire an attorney.
In general, a HOA president cannot change a restrictive covenant. That would require an agreement by all the landowners via deed. There is a very good reason why restrictive covenants are... View More
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answered on Feb 5, 2024
Based on your statement, probably not. You stated that the deed is valid.
For real estate transactions in Colorado, a writing and signature is required. The notary creates a presumption that the signature is valid. Hence, the signature is the important part. The notary is important if... View More
We were hoping you could direct us on how to locate the proper resource who can help us with a DST/1031 investment issue. The current trustee is changing the terms of the investment and at end will dilute our ownership and disqualify any future 1031 tax benefit. I would appreciate any input from... View More
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answered on Jan 8, 2024
Finding the right legal representation for a DST (Delaware Statutory Trust) and 1031 exchange issue is important to ensure that your interests are protected. You'll need a lawyer who is experienced in real estate investments, specifically those involving DSTs and 1031 exchanges.
Start... View More
I am filing for bankruptcy due to two apartment leases I never used, now in collections, one in Colorado and another in Texas. I've paid all deposits and fees, and the collections amount to about $12,000 each. There were contact attempts with the properties about my change of plans due to... View More
answered on Apr 24, 2025
If you file chapter 7 bankruptcy, both debts will likely be discharged.
I completed a two-year lease with my previous landlord in December. During the final walkthrough, attended by my wife and a friend of the landlord, she mentioned needing to replace a curtain and clean the carpet. We agreed to these changes, and had a $1200 security deposit. Now, she is demanding... View More
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answered on Apr 13, 2025
The landlord’s demand for $40,000 without a formal invoice is highly concerning. You have the right to request proper documentation for any claimed damages or renovations. A word document created by the landlord with random amounts is not sufficient evidence of the costs, and it is reasonable to... View More
We have a state park and ride area within our town limits in Colorado. We have permission from the state to tow vehicles from that property. There hasn't been any signed agreement between our town and the state. Local ordinances state that it's the owner’s responsibility to pay for... View More
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answered on Apr 13, 2025
Since the park and ride area is state-owned and the town has been covering towing expenses for abandoned vehicles, it’s understandable that you want to know if you can bill the state instead. However, the lack of a formal agreement between the state and the town complicates this situation. In... View More
I have read the following: Does the decline clause—"If the neighbor decides not to contribute, they forfeit any future rights to use the fence or share the cost of maintenance."—also apply to fence repair or replacement? I haven't sent a notice to my neighbor yet and am seeking... View More
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answered on Apr 13, 2025
Based on Colorado fence law, the application of a "decline clause" to fence repair or replacement presents nuanced legal considerations. Under Colorado's fence law (C.R.S. § 35-46-112 through 35-46-114), adjoining landowners generally share responsibility for boundary fences. The... View More
I signed a lease on September 15, 2024, which states that I acknowledge the receipt of any disclosures required by federal, state, and local jurisdictions. However, I did not receive any disclosures, including those related to radon, lead-based paint, bed bugs, or income non-discrimination. My... View More
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answered on Apr 12, 2025
In Colorado, landlords are required to provide tenants with a radon disclosure before the lease is signed. If this disclosure was not provided to you before you signed the lease, it may be a violation of state law. The law specifies that a tenant may have the right to void the lease if the required... View More
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