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Paul Rutledge Durr III

Paul Durr’s Answers

839 total


  • What to do if your trust funds or savings bonds have been tampered with

    I believe someone has tampered with my trust funds and used my identity to cash them in

    Paul’s Answer

    contact the account custodian immediately and advise them of the problem, so that it doesn't continue to happen. Review the transactions as soon as possible to determine if the theft occurred, contact the custodian and law enforcement to report the theft.

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  • How do I get appointed as trustee of my mom's trust in Colorado?

    Mom died and left assets in a trust, including her house. The trust agreement says 2 of 3 of her daughters can act as trustees. My sister and I want to get the trust going, but our other sister has locked us out of my mom's house and she won't c...

    Paul’s Answer

    assuming the house is actually titled in the trust, and the trust agreement gives the two of you authority to act, then you could file a forcible entry and detainer action to obtain possession of the house, but that does not answer the bigger question of administering the trust assets and why your sister won't cooperate, which is the first issue to address.

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  • 1.What is the difference between leaving my home to my children via a will or a beneficiary deed?

    I understand that a will has to be probated and a beneficiary deed doesn't. But what about the "step up" regarding gain if children then sell the home....does it apply to both wills and beneficiary deeds? Also, is capital gain taxes the same o...

    Paul’s Answer

    A beneficiary deed only transfers the real estate described in the deed to the beneficiary named in the deed, it does not transfer any other property as a will does. Both give the recipient the "step up" (or step down) in basis for tax purposes to the value at the date of your death, so no gain or loss if they sell right away. A "stale" will is just an old will that needs to be updated. If the terms of your will are still accurate, no need to update.

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  • Is there any way I can find a copy of the will and can I do anything to get what my dad wanted me to have?

    My entire life my dad had told me He kept a will and periodically would make changes to it. I never physically saw it but we discussed it several times through the years and basically knew from him telling me who would get what when he died. Upon ...

    Paul’s Answer

    contact your Dad's attorney and see if he has any information about a will.

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  • Should I seek an attorney and 'opt-out' of the Class-action trust money, or just go along with the settlement ?

    I received a letter from Ocwen (my mortgage loan servicer) stating that I can opt-out of the "class-action lawsuit" or receive a portion of the trust which was set up as a result of Ocwen having lost the court case. What does the "misdated letter...

    Paul’s Answer

    it depends. You will bear your own attorney fees in opting out, but your recovery will depend upon your success in the individual suit, instead of a share of the class action. The class action legal fees are borne by the class and paid through the recovery

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  • What is the life cycle of doc in an HOA lien->foreclosure (lis pen)->trustee's deed. I am trying to understand the flow of docs

    Seeking info on Colorado super lien

    Paul’s Answer

    When association fees are not paid, the HOA may file a lien on your property. If you fail to pay the lien amount, then the HOA may sue you and sell your property to satisfy the lien (and any priority liens). When the law suit is filed, then a lis pendens is recorded to show the pending suit. A public trustee conveys the property when the deed of trust is foreclosed.

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  • Can I break my lease?

    I am renting an apartment and I am the only person on the lease. I was not informed prior to signing the lease that the apartment complex has an intractable cockroach infestation. The apartment schedules bimonthly treatments for the roaches (not m...

    Paul’s Answer

    there is a legal doctrine called constructive eviction, where the landlord's actions are equivalent to an eviction. also the terms of your lease may require the landlord to perform obligations which are not being met. if the bug killer or roaches are giving you an allergic reaction, talk with your property manager about being released from the lease, or talk with an attorney about how you can sue the landlord to have the court declare the lease terminated. but don' just walk away, or you will be considered the breaching party.

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  • Is it legal for a landlord to rent the basement of a single family unit home as a separate unit from the upstairs portion. does

    landlord tenant law is this legal

    Paul’s Answer

    depends on zoning and use permitted by the municipality. you can check with Aurora, bear in mind that if its not a permitted use, then one of the tenants may be evicted, and your landlord will not be happy

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  • In Colorado state, Is it possible for the original creditor to take the account back that they filed to the collection agency?

    I want to make things right for the apartment lease that I broke 4 years ago and I'm willing to make a payment plan directly to the original creditor but the account was filed to a collection agency. In state of Colorado Law, Is it possible for th...

    Paul’s Answer

    Your apartment lease was a contract, and your landlord assigned rights under that contract to a collection agency, so the collection agency has a right to enforce those rights. That being said, there may be a landlord duty to mitigate damages under the lease, so you should talk with an attorney about determination of damages

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  • What should we be doing?

    Our tenant’s lease in Colorado (we live in Georgia) ended this month, she visitors (her adult children and family) that stayed and are squatting on the property. They wished to assume the lease, and did not qualify. As well as being in violation o...

    Paul’s Answer

    discrimination should not be an issue if the lease expired, since the term is over, you can choose not to lease the property. Their right to possession ended with the lease end, no obligation to renew. Hire a lawyer, use your property manager as a witness.

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