With more and more people buying residential real estate for investment purposes, many novice landlords learn the hard way that keeping a security deposit can result in big trouble. Landlords must comply with Colorado’s Wrongful Withholding of Security Deposits Act (the “Act”). Read on and save yourself (or collect!) treble damages and attorneys fees. Colorado’s […]
A broken marriage is a marriage overflowing with broken promises and misunderstandings. The last promises are those made in the divorce decree. While those promises, like others, are usually broken or misunderstood, many disgruntled ex-spouses are going to court to enforce the promises, or the promises as they remember them. However, the court is not […]
Joint tenancy is a convenient form of ownership. It is a form of ownership that has been encouraged in the marketplace by financial institutions and, to some extent, by professional advisors. Joint tenancy, it is estimated, is utilized in most married couples’ estate plans. Because of the survivorship feature of joint tenancy, it is thought […]
In a real estate market where last week’s drywall subcontractor is this week’s seasoned home builder, negotiating a new home construction contract becomes more important than ever before. When entering into a contract to buy a newly constructed home, here are just a few important points to consider. 1. The Importance of Reading the Contract […]
As an estate planning lawyer in Colorado, I have the unique opportunity to see title problems caused by poorly drafted deeds. Here are just a few of the many deeds problems or “botches” we have seen over the years. The Joint Tenancy Botch In order to take title to real estate as joint tenants with […]
Beneficiary Designations and Beneficiary Deeds in Colorado Beneficiary designations have long been used to avoid probate upon death. Bank accounts, investment accounts, retirement accounts and life insurance can be transferred upon death by naming a beneficiary to the account or life insurance proceeds. However, when it comes to real estate, designating a beneficiary is not […]
Ancillary Probate Can Cause Thousands If a person dies owning real estate outside of their state of domicile, their heirs may needlessly pay thousands in ancillary probate expense. The expense of ancillary probate can be avoided by using a beneficiary deed, a trust or a company. Colorado probate is a legal process by which title […]
Collecting a Debt from a Deceased: What Happens to A Person’s Debt When He Dies? The death of a friend or working acquaintance is always a traumatic experience. However, if you are owed money, along with the sympathy card, send a written request for payment of any debts. Address that request to the personal representative […]