Skip to main content
Mark Patchin Miller

Mark Miller’s Answers

147 total


  • Will I still receive workers compensation?

    My employer wants to settle with me, however they still have not responded to unemployment. Does my signing their settlement agreement keep them giving me unemployment? They gave me 3 weeks pay but I am going to need unemployment still. I'm confus...

    Mark’s Answer

    I agree with the first responder that you should consult with a Worker's Comp/Employment Law attorney regarding your situation. Be sure to take all of the documents with you when you meet with the attorney before signing any agreement. Then the attorney can review the entire documents and advise you accordingly.

    See question 
  • I have had two open heart operation 1st one triple by pass 2nd aortic valve replacement like help getting Medicare

    I live in Gunnison colorado. I tried in Florida 3 times and denied and have a court date in feb in Florida. Like to see if I can transfer things here

    Mark’s Answer

    As was stated by the other responder your question is a little unclear. What did you try to do in Florida three times? If you have a court date in Feb. in Florida and you want to transfer the case here you need to meet with an attorney with all of your documents to discuss your matter; however, in light of the fact that your court date is coming up in 3 months the likelihood of being able to transfer the case to Colorado, even if you have good grounds is probably remote or unlikely. Hopefully you have an attorney who is handling your lawsuit in Florida.

    See question 
  • My dad just passed. I have medical, financial POA. No durable POA. No will. Can I access safe deposit box? Cancel credit lines?

    I have keys to box, retirement account that I am 100% benificiary. I also have 6 siblings. Nobody wants to deal with this. With no durable POA can I do anything?

    Mark’s Answer

    I agree with Paul's response. Since you can't find the original Will, if your Dad did not have a Trust then someone will have to file a probate action with the court in the county where your Dad was living. You should try to come to an agreement with your siblings and your mother, if she's still alive and was still married to your Dad when he passed about trying to locate the Will and/or filing a probate action. If everyone can agree then the process will be less costly. You should consult with a probate attorney, ideally in the Pueblo area or the county where your Dad was living at the time of his death.

    See question 
  • Does the estate administrator have the right to ignore the wishes of the co-personal representative and do what they want?

    My brother and I were appointed co-personal representatives of our mothers estate. I was talked in to letting him be the administrator. This was when he took over all decision making from color of carpet to painting the garage floor. My thoughts...

    Mark’s Answer

    I agree with the prior response that it is always best if you can work things out with your brother, the Administrator of your Mom's estate. That would certainly be the least expensive way to resolve your differences. However, if you cannot and believe that he is acting inappropriately you can request the court to appoint another as the Administrator. But it won't be inexpensive and obviously it will put you in an adversarial position with your brother and potentially any other beneficiaries. To contest your brother's appointment would probably require you to hire a probate/Estate Planning attorney to help you with the process.

    See question 
  • Colorado - Augmented Estate

    I'm trying to help my mom out. Dad died leaving part of his estate to my mom and part to a charity. My mom and dad each kept some of what they own in their own name and some was owned jointly, in both names. Dad left my sisters and I out of his ...

    Mark’s Answer

    In addition to the answers provided above it would be a good idea for you to take a copy of your Dad's Estate Planning documents and a copy of the banking documents listing you and your sister as beneficiaries to an Estate Planning attorney to get a definitive answer. Your mother should probably do the same as your Dad's estate may need to be probated.

    See question 
  • Filing motion to revoke bail I posted

    I posted a cash bail and am afraid fool I bailed out is going to flee the state. The clerk of courts referred me to the proper forms- but what is the burden of proof I need to get the bail back?

    Mark’s Answer

    You probably don't have a burden of proof to convince the judge that s/he should make the Defendant post a substitute bail or allow the Defendant to go on a Personal Recognizance (PR) bail, meaning the Defendant is on their word that they will show up in court. It's totally up to the judge and I would imagine that the Defendant would object to your motion/request and tell the court that your belief is pure speculation and is unfounded. The judge has the authority to tell you that you should have thought this out before you agreed to post the cash bail.

    See question 
  • I was charged with criminal impersonation because I lied and said I was my brother when a cop asked for my identification.

    I knew I had a warrant for a FTA while on probation for a dwai back in 2010. If I take this to court, will they drop the charge?

    Mark’s Answer

    In addition to the previous responses to which I agree, you have probably caused a nightmare situation for your brother who will probably have to hire an attorney in order to clear his record of this felony charge as well as take time from his job and life to address your conduct. If you don't show up the court will issue a warrant for your brother's arrest. You need to hire an experienced attorney asap to resolve this case.

    See question 
  • My son is 15 got caught at school with a marijuana pipe. do we need a lawyer and will this stay on his record.

    what will he be charged with? the s school said he received a ticket the school didn't use the term charge

    Mark’s Answer

    You and your son should talk to a local lawyer who handles school/education law matters. Generally someone who handles Administrative/Education/School Law. They can help you and your son interact with the school administrators. Depending upon the type of ticket he received it could be limited to the school or it could be a criminal summons.

    See question 
  • Denver DUR cases with no actual driving offenses committed. Is this legal? These cases seem to be targeting Hispanics & blacks

    I was researching a case (pulled up by case number) on denvercountrycourt dot org, and out of curiosity, also researched the twenty cases before and after it. I'm concerned - DPD is charging people with DUR left and right, especially in ...

    Mark’s Answer

    Profiling is illegal although it is unfortunately happens; however, if the officer is familiar with the driver then that's a different story. Although it sounds as though you yourself are not a Defendant, you may want to contact a civil rights attorney about the possibility that they might be interested in a civil rights case.

    See question 
  • How do I find an inexpensive but good attorney for harassment charges in Thornton?

    While visiting a friend and trying to help move out her renter. I accidentally dropped a box on the woman who pressed charges on me for harassment and damages.

    Mark’s Answer

    Other than looking up attorneys on AVVO you can also cross reference those attorneys with high ratings with those listed on the low pay/slow pay list with the Adams County Public Defenders Office. Otherwise, you can check out the Colorado Super Lawyer list and the Martindale-Hubbell list for lawyers who have an AV Preeminent or AV Rating although there is no guarantee that those attorneys are inexpensive.

    See question