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E Dwight Taylor

E Taylor’s Answers

336 total


  • Lender for re-fi is refusing to perform after closing for condition that was declared at the start of the process.

    I started this process in September and went to closing on 12-23-13. On 12-27 lender agent informed me that contract was not going through due to the fact that the property was under construction (remodel). This is, however, a fact that was disc...

    E’s Answer

    You need to look to the terms of your contract, as it will control. The Colorado Credit Statute of Frauds prevents either party from suing unless the agreement is in writing, but there are certain exceptions. Experienced counsel will be needed for this, and a thorough disclosure of the facts. Good luck!

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  • Mother-in-law died do we need a lawyer - what is probate

    Her death was in Oct. 2013 and she had a will, her three children were named as co-executors in her will. Her house is the only thing. We all want to try to sell it, it is in a reverse mortgage - do we need a lawyer?

    E’s Answer

    The law requires that anyone knowing of a will is to "lodge" the will with the probate court in the county in which she lived at the time of her death. Although a probate of this nature is relatively simple, you will be better off to have the assistance of counsel. Before you go too far, though, you should confirm that there is equity still in the home despite the reverse mortgagge. That obligation will have to be retired with the proceeds of any sale. The costs of a probate of this nature is a minor consideration. Good luck!

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  • When there are three heirs with one executor, can the two non executor heirs override the decision of the executor?

    This is in regards to our fathers estate. There is a lot of property. The executor wants to create a LLC, borrow money and renovate the property, creating apartments. The other two heirs want to liquidate and receive the proceeds. The will sp...

    E’s Answer

    It is not easy to remove a personal representative, but his job is not to make more investments with the estate and take those kinds of risks. He owes a fiduciary duty to the heirs and has the obligation of observing the dictates of the will. You should seek the advice of counsel to help you resolve the matter, and the sooner the better. Good luck!

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  • If I make any payment on a defaulted car loan will there still be garnishment

    My vehicle was repoed and I cant make all payments every two weeks what options do i have to avoid garnishment

    E’s Answer

    The status of the claim against you is not clear from your post, but I presume that the car has been taken and sold and you have been required to make payments and cannot continue to do so. The first answer is yes, the lender can bring a lawsuit against you and obtain a judment and can then garnish. The lender cannot garnish without the judgment. If you cannot make the payments required of you and cannot get relief from the lender's demands, then you should consider bankrutptcy. That is about your only option. Good luck!

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  • Can a personal representative who is in bankruptcy, has not maintained estate property and has listed it under value be removed?

    While in Chapter 13 my sibling as power of attorney went through my father's money, allowed estate property to deteriorate and lose income. Now as personal representative under the will he has continued to neglect the property and has listed it ba...

    E’s Answer

    • Selected as best answer

    The Colorado Probate Code's "judicial toolbox" gives a court a lot of ways to deal with a misbehaving PR. I would not lightly take this up, but if you can prove your allegations, it is possible to get a PR removed. You will need the assistance of competent counsel to get that done, though. Good luck!

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  • If I use a Life Estate Deed to transfer a deed of my $400,000 house to my two adult sons, will I have to pay a Federal gift tax,

    After five years is the home safe from any liens for nursing home/ medicare costs.

    E’s Answer

    This is too important a question to be answered here. I recommend you retain a lawyer qualified to answer the questions that have not been asked yet, and to follow that advice. You don't want to guess at this. Good luck!

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  • I need information on the transfer of s corp ownership after death.

    My mother passed away rather suddenly. No will. She verbally informed the 3 decedents, including myself, that I was to take over her s corp. I have not been able to locate a share certificate. How do I proceed in making ownership change legal?

    E’s Answer

    If there was no will, your mother's oral statements as to the disposition of her property are not valid. You will probably have to share the s corp with the other beneficiaries...depending upon who those are and the way the intestate laws direct. The transfer will be relatively easy once it is determined who is to share in her estate and how those shares are to be divided. Good luck!

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  • Can I repossess a vehicle I sold to a friend with a lien?

    In December of 2012, I sold a vehicle to a friend for the sum of $2,400.00. I did put a lien against the title at the time of the sale. He has $280.00 paid on it so far and the last payment was January 2013. I have talked to him several times abo...

    E’s Answer

    Be careful with self-help repossession. It is lawful but only if it can be done without a breach of the peace. If there is no way that can be accomplished you should visit with counsel about a replevin, which is a court proceeding for the recovery of collateral. Good luck!

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  • I a have a question regarding a trust matter in Colorado and seek a contingent attorney

    My father passed away in 2009 and a trust was set up for me. My sister is the executor/trustee of the trust. Since that time, she has not provided me with an accounting nor do I believe she filed the requisite documents with the Court. My fathe...

    E’s Answer

    I think a lawyer will need to have a lot more information that what you have provided before he or she would agree to handle the matter on a contingency. There does seem to be some important issues to resolve here, but you need to seek the advice of counsel. It also seems that time is not on your side, so you should waste no more time wondering what to do. Good luck!

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  • I am having a problem finding a Power of Attorney for my Mom's Irrevocable trust. Is it possible to get one on this site?

    Thank you, John, The Trust is for MD.

    E’s Answer

    I'm not sure I understand your question. A Power of Attorney and an Irrevocable Trust are two different things. Any changes to the trustee for the Irrevocable Trust needs to be made in accordance with the Trust, and not with a Power of Attorney. If the Power of Attorney is for medical purposes, then it does not relate to the Trust. I think you, or your mother, needs to seek the advice of counsel to determine your question before you can get an answer. Good luck!

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