What Happens When Someone Dies Without a Will?

A will is the roadmap that directs what happens to someone’s probate assets when they die.  The will also nominates a personal representative to administer the estate.  But what happens when someone dies “intestate,” or without a will?  In those situations, the Colorado Probate Code directs who inherits from the estate and who has priority… Continue Reading

Who Gets to Claim Child on Taxes After a Divorce?

Claiming the Dependency Exemption On Your Tax Returns After A Divorce Colorado has a law that explains how the dependency exemption for a minor child will be handled, after a divorce decree (dissolution of marriage) is entered. The law is contained in Colorado Revised Statute C.R.S. Section 14-10-115. The law says: (12) Dependency exemptions. Unless… Continue Reading

Can I require a pet deposit for all animals?

Whether a landlord, association or property manager has to allow someone with an assistance animal to live at the property despite animal restrictions is a frequent question. Also, if you have to allow the animal, can you still request a pet deposit?  First of all, even if the property does not allow certain animals, if… Continue Reading

What is a Personal Representative’s Deed?

When someone dies owning an interest in real estate, the legal instrument used to convey the property is a Personal Representative’s Deed.  In the deed, the Personal Representative (“PR”) of the estate transfers the deceased owner’s interest to either a third-party buyer or an estate beneficiary. Does a Personal Representative’s Deed Require a Probate Administration?… Continue Reading

Does a Private Party Foreclosure Differ from an Institutional Lender Foreclosure?

Private Lender Foreclosure vs Institutional Lender Foreclosure Most purchases of Colorado real estate involve some sort of mortgage financing, in order to complete the purchase. Although a majority of mortgage financing is done by banks or other lenders in the business of making loans (known as “institutional lenders”), some financing is done with a private loan… Continue Reading

Real Estate Brokers & Referral Fees under RESPA

Special Considerations for Commercial Real Estate Brokers and Referral Fees under RESPA and Colorado law. Paying for referrals is a common practice in various competitive industries where the struggle to attract customers determines which participants will flourish and which will flounder.  However, the business of real estate is subject to various restrictions that limit industry-participants’… Continue Reading

Local Ordinances on Construction Defects

Know Your Local Ordinance on Construction Defects When state law on construction defects failed to change despite lobbying efforts, many cities enacted their own local ordinances regarding how to deal with construction defects in new housing and there are probably more to come. Currently, Arvada, Aurora, Centennial, Colorado Springs, Commerce City, Denver, Lakewood, Littleton, Lone… Continue Reading