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What’s the Best Way to Handle My Rental Properties in My Estate Plan?

Co-Author: Mara B. Peterson, Esq. Using Revocable Trusts and Limited Liability Companies in Estate Planning If you are someone who owns real estate, particularly if your properties are used for rental purposes, there are many important legal and tax considerations for these properties in an estate planning context. Without proper estate planning, these assets could … Continue Reading

Owning Residential Real Property Under Common Ownership

Joint Property Ownership, Property Ownership Agreements and Partition of Real Property Owning residential real property with another person can be rewarding but also challenging or difficult in certain circumstances when property owners cannot agree on the maintenance or disposition of the property in the event of a dispute between the property owners.  Outside of a … Continue Reading

“For Cause” Evictions in Colorado

Co-Author: Caroline W. Young The Colorado General Assembly recently passed HB24-1098 (“Cause Required for Eviction of Residential Tenant”), which significantly overhauled the landscape of Colorado’s residential lease and eviction laws. In short, residential landlords are now required to offer existing tenants lease renewals on reasonable terms, subject to some statutory exceptions. When Gov. Polis signed … Continue Reading

Is it Time to Think about Evolving Past the Realtor® Code of Ethics?

A portion of the Realtor® Code of Ethics provided part of the legal justification for the $1.78 billion jury verdict against the National Association of Realtors® in October of 2023. The offending language (and its accompanying case study) could be surgically removed from Article 16 of the Code. Perhaps, however, we have blind spots about … Continue Reading

My partner and I want to buy a house together, but we aren’t married.

What’s the best way for me to protect my interests? In addition to the rise of ‘fractional equity ownership’ in Colorado real estate, it seems more and more common for individuals to buy a house together absent formal marriage. In such a situation, it is advisable to enter into an agreement that sets out the … Continue Reading

Update on the Corporate Transparency Act and Recent District Court Ruling

Co-Author: John Koechel The Corporate Transparency Act (“CTA”), passed in January 2021, aims to combat money laundering, terrorist financing, and other illicit activities by requiring certain companies to disclose specific information about their beneficial owners to the Financial Crimes Enforcement Network (“FinCEN”). In response to the passage of the CTA, the National Small Business Association … Continue Reading

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