The Attributes of a Personal Representative for Your Estate
By: Timothy P. Bryntesen, Esq. Attorneys are often asked about the required qualities of the person to put “in charge” of a client’s estate after they die. The Personal Representative (also known as the Executor or Administrator) of an estate plays a crucial role in managing the administration of a deceased person’s estate. The Personal […]
A House Divided: Separating Interests in Real Estate Through Partition Actions
By: Lia Szasz, Esq. Under Colorado law, a partition action is a legal proceeding used to divide or sell jointly owned real estate. When co-owners can’t agree on how to manage, use, or sell their property, Colorado’s partition statute provides a mechanism to separate their interests. Any co-owner can initiate a partition lawsuit independently. A […]
Revocable Living Trusts: What They Do (And What They Don’t)
By Jessica L. Miglarese, Esq. When many people hear the word “trust” or “trust fund”, they envision a tool used by the ultra-wealthy to protect assets, minimize taxes, and provide for future generations. While it is true that certain types of trusts offer these benefits to the trust creator (“Settlor”) while living, these trusts are […]
Letters of Intent: Are They Necessary?
By Derrick K. Galantowicz, Esq. A Letter of Intent (LOI) acts as a preliminary document outlining several basic and essential terms and conditions of a potential business transaction. They are generally not legally binding and are seen by some as an unnecessary formality, but they can play an impactful role in shaping a future Purchase […]
Colorado Legislature Gives Local Governments First Dibs on Certain Multifamily Properties
By Stacey L. Shea, Esq. While it is not unusual for surprises to pop up during due diligence reviews when buying or selling multifamily residential real estate, there will now be one more due diligence consideration to add to the list. Effective August 7, 2024, Colorado House Bill 24-1175 will act to provide local governments […]
Otis & Bedingfield, LLC Wins ColoradoBiz’s 2024 Business Choice Award – Best Law Firm for Estate Planning
Otis & Bedingfield, LLC’s estate planning practice encompasses the drafting of wills and trust documents, enhancing asset protection and planning for special needs of a spouse, child, or grandchild, as well as the tax planning required to develop a comprehensive estate plan. The more complex area of this practice involves the use of family limited […]
The Federal Trade Commission New Non-Compete Rule in Effect
By: Frederick J. Steimling, Esq. July 2024 The Federal Trade Commission (FTC) proposed the Non-Compete Clause Rule on January 19, 2023, under sections 5 and 6(g) of the FTC Act. After a comprehensive review of empirical research and over 26,000 public comments, the FTC adopted a final rule addressing non-compete clauses. The issuance of this […]
The Need for Estate Planning
By: Corey W. Moore, Esq. June 4, 2024 Estate planning is not just for the wealthy or elderly; it is a vital task that every adult individual should undertake. At its core, estate planning involves making arrangements for the management and distribution of one’s assets and belongings in the event of incapacity or death. While […]
Commercial Landlords & Property Managers Beware! Alleged Discrimination May Impede Eviction
By: Lee J. Morehead, Esq. May 5, 2024 On February 20, 2024, the Colorado Supreme Court ruled that a tenant could allege violations of the Colorado Fair Housing Act as a defense to an eviction proceeding. Previously, tenants had to countersue for the alleged violations, thus allowing the eviction process to proceed while the discrimination […]
Probate 101
By: Timothy P. Brynteson, Esq. April 4, 2024 Estate planning attorneys are frequently asked by clients to explain the difference between a “will” and a “trust”. This question is normally asked in the context of planning for the disposition of assets upon a client’s death, so the assumption is that clients are looking for information […]
