Adam James O'Rourke’s Answers

Adam James O'Rourke

Denver Estate Planning Attorney.

Contributor Level 5
  1. Traded in our car and drove it home,because new car was not detailed yet

    Answered over 1 year ago.

    1. Adam James O'Rourke
    2. Pamela Koslyn
    2 lawyer answers

    It appears that you have a valid contract in this situation. Make sure to keep your copy of the agreement so that you can always check it for your rights. However, the full answer to this question is based on what rights are in that contract. Without having read the agreement it is hard to determine whether the car dealer has a way to wiggle out of the agreement. I recommend that you take the car in and get your vehicle. If the car dealer gives you trouble then you can contact an...

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  2. California tax question

    Answered over 1 year ago.

    1. Adam James O'Rourke
    2. Christopher Daniel Leroi
    3. Amanda Marie Cook
    4. Howard Aaron Lazarus
    4 lawyer answers

    In the past I have called the FTB and request a record of account or a statement of account and have been able to get a breakdown of an outstanding balance. Usually, these transcripts provide the basic debits/credits on the account and you can find what was missing, if any. Otherwise, I agree with my other colleagues that they do not like to give out documents of there own. You are usually able to talk with a representative to get summary information. Don't take no for an answer and request...

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  3. Can an executor be removed if they are not moving the settlement forward?

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Thomas J. West
    3. James P. Frederick
    4. Michael A Kirtland
    5. Adam James O'Rourke
    5 lawyer answers

    I agree with Mr. Kirkland that the probate process can be expedited by the personal representative, subject to required claim periods. If there are two PRs at this time, it may be more advantageous to have the second get involved to move the estate forward. If there is a conflict between the PRs or the second does not want to be involved then you can certainly find a better way to deal with the active PR. They have a duty to act expeditiously within the estate. A local estate attorney could...

    3 lawyers agreed with this answer

  4. Is there any way to have the goverment reduce fees and interest on sales tax owed?

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Thomas J. West
    3. Adam James O'Rourke
    4. James H Sutton Jr.
    5. Evan A Nielsen
    5 lawyer answers

    It is more difficult to get penalties waived for sales taxes than any other type of state tax. A State's Department of Revenue (DOR) takes the position that you had the taxes in hand at the point of sale and you could have turned them over at that moment. However, State's are cognizant of the many reasons why a taxpayer would be unable to make that payment at that exact moment. Hence why they expect sales tax payments to be made monthly, instead of daily or immediately. Using those reasons,...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can I make a son show his deceased father's will?

    Answered over 1 year ago.

    1. Richard Waldron Bryans Jr.
    2. Robert John Murillo
    3. Adam James O'Rourke
    3 lawyer answers

    Your close friend has the right to address his assets as he pleases in a properly drafted and executed will. If you believe that you are a beneficiary then you have the right to get the estate opened but, as my colleagues have stated, it is a difficult situation as the son will fight against you the entire way. It appears that he might not be letting you see it because the will states you are a beneficiary and the son does not want to lose what he thinks is his interest in his father's assets....

    2 lawyers agreed with this answer

  6. I have a Revocable Intervivos Dynasty Living Trust on house. Husband died- house in reverese mortgage. Can I delete trust?

    Answered over 1 year ago.

    1. Thomas J. West
    2. James P. Frederick
    3. Eric Jerome Gold
    4. Adam James O'Rourke
    4 lawyer answers

    Under the facts you have provided, it is important to speak with an trust and estate planning attorney since there are a number of additional questions to be answered. I agree with the previous answers. But I want to point out that local counsel can be anyone in the State of Colorado. So if you have an attorney in Pueblo that is great, but any trust and estate attorney could help. If you feel that the attorney who originally drafted the will would still be capable, you could turn back to them...

    2 lawyers agreed with this answer

  7. What are my potential liabilities if I seek legal guardianship of the 79 yr old father?

    Answered over 1 year ago.

    1. James A Littlepage
    2. Adam James O'Rourke
    3. Michael A Kirtland
    3 lawyer answers

    There are a number of requirements and expectations of being a guardian. They can be put in the umbrella idea of "In the best interest of the ward." In other words, you can gain the ability to conduct all business on behalf of your father but, again, it has to be in HIS best interest. The legal terminology for this idea is: in the best interest of and with undivided loyalty to the ward, avoiding transactions that cause a conflict of interest, and making all decisions with care and prudence for...

    2 lawyers agreed with this answer

  8. We are considering putting our home on the market for sale by owner in Colorado. Is it best to have a real estate attorney?

    Answered about 1 year ago.

    1. E Dwight Taylor
    2. Adam James O'Rourke
    3. Stephen Clark Harkess
    3 lawyer answers

    Best practice is always to have a real estate attorney and a broker working on your behalf. They understand the markets and can walk you through any issues that arise during the sale. However, If you want the hands on experience, but its your first sale, it is best to have at least one or the other on your side so you have someone to bounce ideas off. I recommend having a real estate attorney review the situation and give you an opinion on how he/she would be of help to you.

    1 lawyer agreed with this answer

  9. My divorce was final in Dec. 2012. Do we have to do our taxes jointly?

    Answered over 1 year ago.

    1. Eduardo Guillermo Sanchez
    2. Christopher Daniel Leroi
    3. Adam James O'Rourke
    4. Christopher Ryan Lee
    4 lawyer answers

    If your ex-husband wants to file separately than you can agree to go along and file your return without him. However, the credits and deductions cannot always be claimed by both you and your ex, so the issue with your kids' college credits will have to be sorted out between the two of you before you both file. I recommend having a CPA discuss your options with you and if you can have the same CPA do your ex-husband's return then that may save you additional hassle. I

    1 lawyer agreed with this answer

  10. Roommate owes $100, moved out over 30 days ago, left furniture behind. what legal obligation do i have with this stuff?

    Answered over 1 year ago.

    1. Stephen Clark Harkess
    2. Adam James O'Rourke
    3. Mary Elizabeth Yarbrough
    3 lawyer answers

    I would not claim the stuff as collateral in this situation. However, you do have a right to have the sister prove that it is her stuff, unless you already know it is her stuff (i.e. proof has been given). I would have the ex-roommate tell you that it is okay that she come get the stuff. That way she isn't claim what actually is the ex-roommates.

    1 lawyer agreed with this answer