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David M. Rich
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David Rich’s Answers

672 total


  • Is there a lawyer out there who wants to help me get legislation going to require that mediators be licensed?

    Mediators are currently unlicensed and mediation is unregulated in Colorado. Mediators play a role in the judicial system, therefore an entity must exist to regulate their conduct (what they can and cannot do) and to hold them accountable for mi...

    David’s Answer

    • Selected as best answer

    A lot of states do require licensing. It definitely is strange that it takes training, education and a license to cut hair, but not to mediate a divorce and divide people's property and allocate parental rights.

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  • Wrongly filed Probate

    My brother Don died in August 2013 with $7100.00 in his bank account. I was named as his personal representative in his will, but I never filed anything. I had my brother's power of attorney, so I used the money in his bank account to pay his bi...

    David’s Answer

    You could try and file a motion to dismiss the probate. They likely have no priority (i.e., basis) to be appointed PR or open an estate since they are not related to him and are not his creditors (see CRS 15-12-203). You might then send the step-kids a copy of the prior deed to the house and explain that your brother never owned the house. I hope this helps.

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  • Irrevocable Trust - Can a beneficiary cause changes?

    I am the sole beneficiary of a Colorado irrevocable trust. The trust agreement says my mother gets quarterly payments until she dies and then I get the amount left in the trust after that in a lump sum. The trust agreement also says that I can ...

    David’s Answer

    A trust agreement is a private contract, so the terms of the trust agreement control what you can and cannot do. The law on trusts fills in gaps and disputes, but the law defers in general to the language of the trust agreement unless it is illegal or similar. I hope this helps.

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  • 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 ...

    David’s Answer

    Life insurance that is payable to the surviving spouse or the "estate" is included in the augmented estate. Life insurance payable to a named beneficiary not including the surviving spouse, such as you and your sister, would not be included in the augmented estate. See C.R.S. 15-11-205. I hope this helps.

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  • 90-day waiting period?

    "There is a mandatory 90-day waiting period before the Court can enter the divorce decree." Does this mean that it takes 90 days after we sign off, file, and finalize everything for us to officially be divorced and receive our decree or is it 90 d...

    David’s Answer

    The court can enter the decree on the 92nd day after you file a co-petition, the other party signs a waiver of service or the other party is served with the petition, so it is not 90 days after everything is filed. I hope the helps.

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  • My mom past away left me the house in the will. Can't renew Home owners insurance. How do I put the deed in my name?

    I can't get Home owners insurance unless the deed is in my name. I went through probate. What do I have to do? The mortgage co said I can continue to make payments and leave house in her name but I have to get home owners insurance in my name whi...

    David’s Answer

    If the house is in Colorado, you will need to open probate in the courts and get a personal representative (PR) appointed. The PR then can transfer the house to you using a PR Deed. I hope this helps.

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  • Living Trust Clarification

    I was granted several judgments against my former husband some years ago. I have been unable to collect, primarily because my former husband has chosen to combine personal and business banking, keeps assets in other people's names, and has steadi...

    David’s Answer

    If he is not a current beneficiary of the trust (i.e., most likely the case if the father-in-law is still alive), then you could not go after the trust, as he would have not any present interest in it. Once the son-in-law has an interest in the trust (can access principal or income), then you could go after it. If your husband owns a business, you could go after the business and its bank accounts, btw. I hope this helps.

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  • Will my wife be entitled to spousal maintenance?

    My base salary is $112K. Her base salary is $85K. I had a good year last year in bonus and stock options, 32K. However, typical bonus is more like 0 to 15k. We have 3 children and have agreed on 50-50 joint custody. children's health insuranc...

    David’s Answer

    There is not a set answer as to maintenance, but according to the maintenance guideline, you would not owe maintenance even if you made $125,000 per year and she makes $85,000. Child support would be you pay $430 per month based on these income amounts and 50/50, but there are other variables that effect child support, especially who is paying for the children's health insurance and the cost of it. It sounds like you could be a good candidate for mediation. I hope this helps.

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  • Concerning divorce - how is alimony calculated? I got an estimate on child support but need to figure on alimony as well.

    I am the sole wage earner. There is one child. I make $121,000 annually.

    David’s Answer

    There is a maintenance guideline in Colorado now that calculates a "guideline amount" for the court (and parties) to consider based on the parties' income and length of marriage. There is a lot of nuance to this though, as the big question will be what could your spouse earn and what is her earning trajectory. Maintenance then factors into child support. You should speak with an attorney or you might even be a good candidate for mediation if your spouse is reasonable and would buy into an amicable uncontested divorce. I hope this helps.

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  • I am looking for advice on family law.

    I have recieved paperwork from a U.S. Attorney for Declaration of Invalidity for my marriage. I have already posted a question on here, as I have already returned the waiver to say I recieved the paperwork. I was unaware that the court may now hav...

    David’s Answer

    Like many attorneys here, we use Skype and videoconferencing and work with overseas clients, so it should not be an issue for you to get help with your case,

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