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Terry Schiavo Case: In Colorado, A Living Will Is Not The Correct Solution

June 6, 2022April 1, 2005 by Mimi Abrams Goodman

…that would be effective in a “persistent vegetative state” scenario such as that Terry Schiavo suffered? In addition to executing a living will under the Medical Treatment Decision Act to cover a terminal condition scenario, one should execute a medical durable power of attorney under the Colorado Patient Autonomy Act, appointing an agent to make health care decisions. This latter Act authorizes a person to execute a medical durable power…

Beneficiary Deeds in Colorado

June 6, 2022January 1, 2005 by Mimi Abrams Goodman

…who grants the beneficiary deed, the grantee-beneficiary has no legal right or interest to the property whatsoever, and the owner retains full power and authority with respect to the property without the need to notify or obtain the consent of the grantee-beneficiary for any purpose. This provision alone provides an advantage over the common practice of adding an intended heir as a joint tenant on property; there is no gift…

Out of Contract

September 7, 2015November 1, 2004 by Jon Goodman

…change to the deal, then the seller needs something other than a simple extension. For example, the seller can refrain from granting the extension until the seller receives information sufficient to give the seller comfort that the buyer actually can close. The seller might not grant the extension until the actual closing-after the funds from the buyer’s lender have arrived. The seller could also ask for additional consideration in exchange…

Builder Warranties For New Homes – What You’re Getting, and What You Are Not

August 24, 2015June 1, 2004 by Karen Radakovich

…then why do builders usually offer an express warranty covering their products? There are several reasons, some of which benefit the buyer and some of which do not. These reasons include the following: Reputable builders are, naturally, proud of their work and want their buyers to feel comfortable that they won’t be abandoned after closing, when it’s common for minor defects to pop up; Buyers have come to expect an…

No Call List and Money Laundering

October 20, 2015June 1, 2004 by Jon Goodman

…may be made. Independent of the exceptions, each real estate company needs to establish a procedure for maintaining a company specific do not call list. To fit the safe haven, the company must train its employees and independent contractors regarding the do not call rules. There are other technical requirements of the safe haven which , although they shouldn’t apply to companies which prohibit cold calling, should be briefly addressed…

Durable Power of Attorney

June 6, 2022June 1, 2004 by K. Gabriel Heiser

…give access to bank accounts to one or more children? All of the above problems could have been avoided simply by having the parent sign a Durable Power of Attorney. This is a document that authorizes someone else to carry out specific tasks on your behalf, even if you become incapacitated. The broadest version of this is a “general” durable power of attorney; it includes the power to buy, sell,…

Allocation of the Dependency Exemption in Colorado Child Support

January 14, 2016January 1, 2004 by Gregg Greenstein

…parent with a signed IRS Form 8332. The form can be downloaded from the IRS website at www.irs.gov. For 2003, each personal exemption is $3,050.00. However, the value of claiming the children as dependency exemptions goes beyond the actual value of the exemption. Tax laws link the Under Age 17 Child Tax Credit to who actually claims the child dependency exemption on the tax return. Parents are advised to seek…

Short Pay-Offs and Redemptions

October 22, 2015December 1, 2003 by Jon Goodman

…bid at the foreclosure sale. This difference is called a “deficiency.” In the vast majority of foreclosure sales prior to 2008, there was no bidding competition from third party investors and the lender was the successful bidder at its own sale. As a consequence, a lender had much control over a borrower’s post-foreclosure liability. One of the ways in which the pre-2008 statutes used to encourage fair bids was by…

How To Own Residential Property With a Friend ?

August 25, 2015October 1, 2003 by Karen Radakovich

…purchase price than the other, or commits to paying more of the mortgage, then the percentage ownership can be adjusted to match. How the maintenance and repair issues will be addressed. For example, if the property is not part of a common interest community, then the owners themselves will need to budget for large-ticket maintenance or repair items; do they want to set up an account and fund it…

Loan Fraud: Say no to ugly lending practices

August 17, 2015October 1, 2003 by Oliver Frascona

…the final arbiter of what’s acceptable. It’s the lender that finally holds the loan. If the parties persist in using illegal loan procedures against your advice, document your advice to your client in writing. Remember: Your desire to help clients or to get a deal closed could put you on the wrong side of the law and lose you not only a commission, but your license and your reputation. …

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