MICHAEL A. SMEENK

PRACTICE AREAS

Michael Smeenk counsels clients in real estate, estate planning, business, and estate administration matters. He joined Frascona, Joiner, Goodman and Greenstein, P.C. as an attorney in 2007 and became a shareholder in 2015.

In his real estate practice, Mr. Smeenk advises buyers, sellers, real estate brokers, and property managers through all phases of purchase, sale, and lease transactions. Michael’s sound and straightforward advice guides clients when structuring real estate deals, working through due diligence negotiations, and generally navigating inevitable bumps in the road.

Mr. Smeenk’s background as a licensed mortgage broker positioned him to become a leading national expert in post-Dodd Frank seller financing matters. It also makes him a trusted guide for new borrowers when obtaining a loan, or existing borrowers in dealing with loan modifications, short sales, foreclosures, and other complex real estate-related financing matters. Michael teaches continuing education classes to Colorado real estate brokers and advises brokers on Colorado Real Estate Commission and federal regulatory compliance matters.

As an estate and business planning attorney, Mr. Smeenk provides comprehensive estate and wealth planning services to individuals, families, and a variety of entities. Michael routinely drafts wills, trusts, powers of attorney, and living wills for clients. He also prepares asset protection and gifting vehicles such as LLCs, family partnerships, and complex trusts. Professionals from a wide range of industries have relied on Mike’s guidance and expertise when buying or selling their businesses.

Mr. Smeenk’s experience in drafting and implementing estate plans provides valuable insight when working through probate estate and trust administrations. In these types of proceedings, Michael represents personal representatives, trustees, and beneficiaries to ensure that post-death matters are administered accurately and in compliance with Colorado law.

Before practicing law full time, Mr. Smeenk gained practical business and management experience in advancing from an Intern to Vice President / Corporate Counsel role with a music production company. Michael believes that the role of an effective attorney is to find practical real-world solutions for clients, not to unnecessarily overcomplicate things. When he’s not in the office, Mike’s probably out for adventures with his family and dogs.

J.D., University of Colorado School of Law, 2007

University of Colorado Law Review: Casenote and Comment Editor

B.S., State University of New York College at Geneseo

Business Administration, cum laude, 2000

Colorado and Boulder Bar Associations

Boulder County Estate Planning Council

Boulder County Pro Se Probate Clinic Volunteer

Probate in Colorado: What’s Happening Now? (Land Title Association of Colorado)

Colorado Real Estate Commission Annual Update class

Probate and Trust Administration for REALTORS®

Statutory Restrictions on Private Lending (Boulder County Bar Association)

Real Estate

Estate planning and Probate

General

Farrah Soudani - Fundraising Press Release

Google Review ★ ★ ★ ★ ★ I want to take a moment to thank Mike Smeenk for his work, which was nothing short of outstanding. I had to defend a frivolous complaint from a former tenant. Mike handled the correspondence, the interfacing with CREC, the investigation, and all of the documents in the most professional manner possible, and the complaint was dismissed. Mike's attention to detail, timely responses, and tact were a key part of my peace of mind. I will have no hesitation to utilize his help in the future. Thanks Mike!

Google Review ★ ★ ★ ★ ★ This law firm prepared my estate planning documents. I had put this off as I wasn't sure who I could afford and trust. They very promptly responded and supplied me with guidelines to follow for needed information. It was an easy and straightforward process. My questions were answered completely. The fee was affordable. I highly recommed this group.

Google Review By Jo S. ★ ★ ★ ★ ★ Very positive experiences (two) with Michael Smeenk, who specializes in any and all real estate questions and/or transactions. He put the needed documents together for two privately financed mortgages. Very competent, very thorough. Answered all our questions; made us feel comfortable in asking them - even though (especially the first time around) we didn't know what we didn't know. Thank you Mike.

Google Review By Don Myers ★ ★ ★ ★ ★ A truly phenomenal experience with Michael and Jennifer!! This law firm is both professional and kind! Will do business again for sure!

Google Review By Jesse Granados ★ ★ ★ ★ ★ This was our first time dealing with a real estate related legal matter, and it lasted nearly 4.5 months. When working through issues related to real estate, time is of the essence. Mike understands this, as he was extremely responsive throughout the entire process. As our matter progressed, we developed peace of mind knowing that we could lean on Mike to advise us, as he is very knowledgeable in his field, and very professional. It is easy to see that he is genuinely passionate about what he does. He was so easy to work with, and we couldn't speak more highly of him. We highly recommend using Mike for any of your real estate related legal matters.

Google Review By Deborah Lewis ★ ★ ★ ★ ★ Mike Smeenk at Frascona Joiner et al helped me navigate a complicated sale involving seller financing. He was incredibly responsive (even after normal business hours), personable, and easy to work with, and he's very knowledgeable. With his help, I understood all the legal language, my interests were protected, and I felt confident in signing the paperwork prepared by Mike. Would highly recommend him!

Google Review By Shelley Maish ★ ★ ★ ★ ★ I had a wonderful top quality experience doing my Estate planning with Mike Smeenk and his paralegal, Geri O’Driscoll. They were very responsive and took care of all my needs in a relatively short amount of time. It was a pleasure to work with both of them.

Google Review By Jason George ★ ★ ★ ★ ★ Very positive experience and I recommend them highly. Great initial phone consult with Paralegal Geri O’Driscoll, then another with Attny. Michael Smeenk. Very personable. Very professional. They made it easy and put my mind at ease. For me that counts as much as all the Legalese. Extra Credit for helping me out at a moment’s notice, and at the very onset of The Outbreak — when they were swamped. And getting it all done safely & toot suite. Very happy to say that they are now another spoke in my Support System.

Google Review By Charise ★ ★ ★ ★ ★ Attorney Michael Smeenk is amazing! He has assisted me with several issues requiring an attorney, all with beyond expectation results. I am now working with him for my estate planning. There is no other firm I would trust in all of Colorado. FJG&G is the best firm to work with for all of your legal needs.

Google Review By Dave Gura ★ ★ ★ ★ ★ I hired Michael Smeenk to represent me in a For Sale By Owner real estate transaction on a property in Lafayette, in which I was the buyer. Mike is extremely knowledgeable and was easy to work with. Both he and his paralegal Julia, were on top of everything. Nothing slipped through the cracks during what turned out to be a long and slightly complex transaction. Mike's previous experience in the mortgage industry also was a huge help as he was able advise me on things that needed to be discussed with or requested from my lender. Mike and Julia were always available or quick to return emails/voicemails when I had questions and created contracts that covered every angle of the real estate transaction. I'd highly recommend hiring Mike and Frascona Joiner Goodman & Greenstein for your next real estate transaction.

Google Review By Mike Driver ★ ★ ★ ★ ★ Very Professional and Knowledgeable. Frascona Joiner Goodman and Greenstein PC bring "Real World" expertise to each interaction. It is rare to find a business to partner with that really takes an interest in the partnership and wants to learn about your business. Thank you Michael Smeenk, Jennifer Overbey, and everyone else!

Google Review By Chuck Daily ★ ★ ★ ★ ★ I worked with attorney Michael Smeenk and his assistant Julia Occhuizzo regarding an estate matter. They were very professional and assisted me in wrapping up the legal paperwork I needed. I would highly recommend their expertise to anyone who needs this type of legal work.

Google Review By Dave Janis ★ ★ ★ ★ ★ I worked with Michael Smeenk for estate planning and was really impressed. He knows his business well, is enthusiastic, and cares about his clients - not to mention, I was pleasantly surprised how fair and ethical the billing was. In the past I have worked with attorneys only to be disappointed with inflated costs and sub-par service.

Google Review By Micky Maroon ★ ★ ★ ★ ★ Several years after I had a home go into foreclosure, I started getting statements from a mortgage company that had carried my equity line of credit. I thought that it had been so long that it was past the statute of limitations. However, I started getting very anxious that I would be liable for repayment of this mortgage. I began researching statutes of limitations on line and found an article written by Mr. Mike Smeenk. I decided to call him for a consultation. I spoke at first to Julia Occhuizzo who patiently listened to me as I tried to explain my problem and concerns. When she thought she understood she told me that she would set up a phone consultation with Mr. Smeenk. She sent me an email outlining the documentation they would need from me and confirming a phone consultation time. At the time of the consultation Mike ( that’s how he introduced himself ) was very professional, clearly had read all the material I had sent him and much to my relief confirmed that It was past the statute of limitations. He explained ,as he wrote in his article, that I had the letter of acceleration, which I had received seven and a half years ago from the bank, which is the key peice of documentation that starts the clock on the six year statute of limitation. He outlined my options in contacting the bank and I felt very comfortable in letting him handle the situation. I would highly recommend both Mike and Julia. I would also highly recommend reading his article Statute of Limitations on Colorado Home Loan Default which can be found on the firms website.

Google Review By K Z ★ ★ ★ ★ ★ We worked with Michael Smeenk for our estate planning. He was wonderful in walking us through the process and answering any and all of our questions. He worked with us on our tight timeline and had everything done I time. As for cost, they seemed to be pretty comparable to other firms. I highly recommend him and know that our family has used another attorney in the firm, whom was also good. I would use them again in a heartbeat!

Google Review By Michael Renner ★ ★ ★ ★ ★ I discovered Frascona Joiner Goodman and Greenstein PC though a referral from a real estate agent with whom we were working. Our need was the establishment of a trust as well as other real estate matters. After reviewing their website, I contacted Michael Smeenk, a partner of the firm. Michael responded quickly to my request, and we scheduled a call discuss the firm's capabilities, his practice areas and expertise, and I outlined our needs. Michael walked me through his estimate of the cost of his services for the outlined scope of work and a timeline to completion. I was very impressed with the professionalism he and his team exhibited, the quality of work, and meeting the deadlines to which we had agreed. I can highly recommend Michael Smeenk and his firm for legal services without reservation.

Google Review By Don Gury ★ ★ ★ ★ ★ 35 years in real estate You meet many lawyers and law firms. Hindsight being 20/20, I wish I had started with Frascona Joiner Goodman & Greensein. Michael A. Smeenk has provide outstanding legal support and advice over many years. A individual with the highest integrity and competence. A problem solver with what I call "outstanding bed side manners." Meaning he listens and communicates in a manner that brings resolution quickly and positively.

“For Cause” Evictions in Colorado

May 1, 2024

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

2023 Colorado Residential Leasing Changes

June 21, 2023

In its 2023 legislative session, the Colorado General Assembly passed several bills that impact relationships between residential landlords and tenants. Governor Polis subsequently signed many (but not all) of these bills into law. Some of these new laws may require updates to residential lease agreement templates. Others may not require direct changes to lease agreements

Late Fees in Colorado Leases

September 23, 2021

Q: Are rental late fees limited in Colorado? A: Yes. As of October 1, 2021, late fees in residential Colorado leases are limited to the greater of: (i) $50, or (ii) 5% of the past due rent payment. The changes discussed in this article were enacted in Senate Bill SB21-173: Rights in Residential Lease Agreements.

Help! My Tenant Can’t Pay Rent Due to the Coronavirus

March 23, 2020

We’ve recently heard from a number of Colorado landlord and property management clients whose tenants have encountered financial hardships due to the COVID-19 coronavirus and are therefore unable to make their next rent payment. This is a quickly-evolving situation, which we’ll continue to monitor and update. Typically if a tenant can’t pay their rent, the

How is Colorado real estate transferred when an out-of-state owner dies?

November 14, 2017

When someone dies owning Colorado real estate, a probate administration is necessary to transfer the property, either to a buyer or to the estate beneficiaries. If the property owner died while living out of state, the type of probate proceeding necessary to transfer the Colorado real estate depends on whether a probate administration has been

What Makes For a Good Colorado Residential Lease Agreement?

June 26, 2017

Residential Lease Agreement Let’s say that you own a rental property in Colorado. You want to make sure that your lease agreement protects you to the fullest extent possible. What provisions does an owner need in their lease to ensure that they’re safeguarded when renting their property? This article will discuss a variety of terms

What Happens When Someone Dies Without a Will?

March 15, 2017

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

What is a Personal Representative’s Deed?

November 21, 2016

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?

Parent Loans for Colorado Real Estate Purchases

June 7, 2016

Q: I’m a parent. Can I loan money to my child to buy a home in Colorado? Can I secure the loan against the property? What do I need to do? As of August 2016, the answer is “yes” – parents can loan money to their children to buy real estate in Colorado and they

For Sale By Owner Transactions in Colorado

May 19, 2016

Q: I’m a homeowner. I want to list my Colorado property for sale. Can I do it by myself (For Sale By Owner)? When a homeowner considers listing their property for sale, one of the first questions they typically ask themselves is: “Should I list the property through a real estate broker?” Experienced real estate

Mike Smeenk is an attorney in the law firm of Frascona, Joiner, Goodman and Greenstein, P.C., a Colorado law firm. His practice areas include Estate Planning, Trust and Estate Administration, Real Estate, and Corporations. Contact Mike Smeenk.

Disclaimer — Content is general information only. Information is not provided as advice for a specific matter, nor does its publication create an attorney-client relationship. Laws vary from one state to another. For legal advice on a specific matter, consult an attorney.

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