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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 
I have a political sign in my classroom and want to know if they can make me take it down.
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answered on May 3, 2024
Aw, the question of does the 1st amendment apply in a classroom. The answer is that it depends. Private schools have no obligation to allow free speech. The 1st amendment only applies to government actors. Now some schools will permit such speech because it is good for the learning environment.... View More
Now lease agreement does not specifically addressed this issue.
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answered on May 3, 2024
That is rather odd. Some leases provide for the Landlord to handle security but video cameras interfering with the operation of the business may be an issue. You may want to contact an attorney.
This could be a breach of quiet enjoyment or the implied covenant of good faith. I have never... View More
With the last payment of 10 K, I told the shop owner that this is the last check, that if there is any balance, I would pay that when I pick the car up Originally, the owner of this shop told me the restoration would be between 70k and 100k- Were now over 135k (i've paid for parts) I... View More
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answered on May 3, 2024
Reach out to an attorney. Unfortunately, car shops are not famous for their use of clear service contracts. If you agreed upon a price you may be able to enforce it. More likely, you agreed to pay an hourly rate. Either way, you may need to consider taking the car back and taking it somewhere else.
Today our portfolio is valued at 75,000. We are retired and this has greatly impacted our retirement. I can’t believe a planner would loose this staggering amount for a couple in retirement. I know there were risks but that is why we trusted a planner. Our record keeping has not... View More
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answered on May 3, 2024
Stock trading is a risky business. That being said, financial planners typically are licensed and are subject to liability under a negligence standard. So if the financial planner was grossly negligent such as investing all your money into a single high-risk stock without telling you then they... View More
Every year my apartment rent has increased by 120.00 a month. The office tells me it is due to the property values.
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answered on Apr 19, 2024
It could be a combo of things including property taxes, inflation, or just greed. A good spot check is to take the new rental amount divided by the old rental amount and subtract 1 ((New Rent/ Old Rent) -1). That is the percentage your monthly rent increased. You can compare that to the prime rate... View More
but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
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answered on Apr 19, 2024
I agree that you need to hire an attorney to figure things out. If you have a real easement meaning everything checks out then you can get an injunction to stop them from locking the gate.
If you do not have a recorded easement then you have a big problem that you need to address with an... View More
How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!
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answered on Apr 19, 2024
Contact an attorney to discuss your facts. If you exchange money, then you may have a few options. But either way, if a deed was not recorded, filed, or signed then it is an uphill battle.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be... View More
month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.
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answered on Apr 19, 2024
I think the question would revolve around if you accepted any type of payment for allowing them to stay. If you did, then they may be considered a Tenant. If you just allowed them to stay as a guest, then maybe not.
As Mr. Boyle said, the devil is in the details.
Please be aware... View More
My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?
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answered on Mar 15, 2024
It depends. If the former agent was acting as an agent of the landlord then the lease should transfer to the new agent, sometimes. However, inspections are fairly common for both commercial and residential properties. It is probably not worth your time to hire an attorney to determine if they have... View More
My sister the oldest who has handled all his estates has lied to me about him having life insurance, which I found out he did have one. She also won’t give me any of my dad’s belongings or part of the estate. So my question if there is no will left meaning no named benificiary then was was my... View More
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answered on Mar 8, 2024
This is a complicated one.
If your father died with no will then everything subject to probate passes intestate. Life insurance is often not subject to probate but it can be. If it passes intestate, if you and your sister are your father’s only living relatives then you may be entitled... View More
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answered on Mar 8, 2024
No, although it may be a bad idea.
I believe the Colorado Supreme court just approved a rule regarding licensed Legal Paraprofessionals. I am not sure if it has taken effect yet but it has been a highly contested item. You should look into what they can and can't do. If I recall, they... 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
CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN
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answered on Feb 19, 2024
If they are adult children then there is nothing to be done. They can block the number if they choose. But if it rises to harassment and defamation then it could give rise to other legal claims.
If they are minor children, and you have 100% custody and control then that is a different... View More
My wife was killed by a reckless driver. At fault driver's policy limit is 50k. Insurance has offered 50k. Can I negotiate a larger sum through insurance
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answered on Feb 12, 2024
That is just the amount the insurance will pay on behalf of the driver. But the driver is still liable for the full extent of damages that they caused regardless if the insurance will only pay 50k. You most likely need to determine if the driver has additional assets such as houses, cars, bank... 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
I was able to find a new home on 1/8. I have worked to move most of my things. The things left behind need to be packed and moved to storage. I have asked for one week to get everything done 2/18-2/24, so that I may take off from work. My ex states this is not soon enough. I would like to know... View More
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answered on Jan 29, 2024
It depends. If you have an ownership interest in the house, you don't need to leave. It's your house. If they obtain a restraining order then it is a different story.
It is possible you were common law married but more information would be needed.
I think you would need... View More
Given a week to get out of the home is this legal
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answered on Dec 29, 2023
This is a complex question. Off the cuff, I would be concerned with the week's notice. Typically, a tenant is given written notice then court proceedings are filed. Once a judgment is entered a writ of possession/ removal is entered by the court allowing the sheriff to remove the Tenant.... View More
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