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No More Custody Battles?

  Sweeping changes in Colorado child custody laws took effect February 1, 1999. Custody battles will become a thing of the past, when a new law deleting “custody” from the family law arena is replaced with the concept of “parental” responsibilities. The changes in the law are in response to studies which show that parents … Continue Reading

Contract FAQ: Formation & Title

  Question: The basic facts are as follows: Seller lists. Buyer 1 makes an offer. Seller makes counter-offer with an acceptance deadline. Buyer 1 counters the Seller’s offer. Buyer 1 learns that Seller has received a competing offer from a Buyer 2 and to avoid losing the property to Buyer 2 . . . Buyer … Continue Reading

Real Estate Broker Issues

  Question: I would like to buy a property I have listed for a seller/client for my own use, or for future resale. I do not want to buy the property to facilitate the seller’s purchase of another property. I want to own the property and do not wish to continue to market it after … Continue Reading

Someone We Can Lien On

Co-Author: Richard Byron Peddie, Esq. Question: I manage commercial real estate. If one of our tenants doesn’t pay the tenant’s finish contractor, can the contractor collect from my client, the landlord?Answer: The Colorado Supreme Court recently agreed to review the Court of Appeals decision in the case of D.C.B. Construction v. Central City. This case is … Continue Reading

Broker Law FAQ

Question: I am the listing broker for a builder who put a property under contract with Buyer #1. Buyer #1 attempted to back out of the contract, claiming that his loan was not approved. My builder wants to keep Buyer #1’s earnest money and Buyer #1 objects. The builder would like to resell the property … Continue Reading

Modifying Child Support Payments

A parent’s child support payments can be modified when changes occur in the parent’s or the child’s life. Understanding when child support can change may save a parent time and money when trying to determine whether to go back to court and get support changed. Factors which are taken into consideration are: the mother’s income; … Continue Reading

Joinder Of Third Parties In Divorce Cases

Copyright 1997 Gregg A. Greenstein, Esq., Originally published in The Colorado Lawyer, May 1997 Divorce issues may impact persons other than the parties and their children. For example, parents of the parties, corporations and other third parties involved with marital assets may be affected by the divorce. This article analyzes the usage of joinder in … Continue Reading

Opportunities For S Corporations

  Small Business Job Protection Act Creates New Opportunities For S Corporations I. Introduction Subtitle C of the recently enacted Small Business Job Protection Act, (H.R. 3448) (the “Act”), has liberalized the qualifications for “S corporations.” The result is an expansion of the opportunities and ways in which S corporations can be used, especially in the … Continue Reading

Choosing a Fiduciary for Your Will or Trust

For most people, selecting the “right” person to take care of one’s minor children or property after death is the most agonizing feature of estate planning. This problem should not prevent you from signing a will or moving forward with other necessary estate planning, however. You need to have a will in place because the … Continue Reading

Advance Directives

  The Case For Advance Directives Advance directives have become as common as wills in estate planning. Most estate planning packages today will include both general and healthcare durable powers of attorney and a living will. Are these documents necessary for most adults or merely exploitation of the public’s fear? If one weighs the minimal … Continue Reading

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