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My mother left my aunt as executor to her estate. She left the family home to my older brother and myself. We agreed to sell the home ourselves. My aunt is under the assumption that when we sign over title next month, it goes in her name and she...
Your post brings up more questions than answers.
How did you get title to the property if probate has not closed? What makes you think that you have control over assets of your mother if your aunt is the PR (personal representative is the correct terms and I assume this relates to property and probate in Colorado)? Why do you think the will must state the process for title transfer?
Here is how probate works in Colorado. The PR is appointed. The PR has the rights to control and maintain all property and is obligated to follow the terms of the will. Until the probate is closed (absent property that is outside of probate), the PR has total control on the property. That said, the property is not put in the name of the PR at all as that is not necessary to control the property or sell the property.
You and your brother need to retain a probate attorney as what you posted makes no sense and there are questions whether the PR is doing the process as required. Moreover, your ideas as to your rights as beeficiaries is also inaccurate.See question
We earned a large commission based on a quota that now looks like the company (Dell) is going to refuse to pay. We don't yet know the final amount, but it will be significantly less than the nearly $200,000 we were expecting. I don't know what que...
A consultation is required because the terms of your agreements are critical. Contact several attorneys and arrange for legal advice.See question
I was charged with ( property damage as a dv act) misdemeanor and now my case is dismissed and deffered. I've filed a petition for case sealing as well. I haven't informed my employer yet. I work in an IT company.
Unless you have a contract that requires you to provide notice, you are not required to inform them about the case. They can terminate you if they find out about the case. Ultimately, you have to decide if it makes sense to tell them first in the hopes you can explain the issue or just hope they don't find out and don't fire you because of this.See question
I work for a home automation company. The company installed a system before I started working there. Once I started working there, I was tech support (still am). The company was sold to my new boss on the first of the year. I attempted to fix his ...
Do you mean you are a defendant? If so, then you will need to hire an attorney to represent you or hope the company will pay for your attorney.
If you are listed in the facts, that does not matter other than you may be required to appear for discovery and could be a witness in the trial if it does not settle.See question
I have 23 years of owning and operating restaurant but not enough capital ( i have more than half for sure but not the whole amount), I have friend who is a businessman and he has a lot of money. We are going to buy a restaurant together, i am pu...
What is best is to hire a business attorney to advise you on the entity form and draft the owner and other agreements. This is too complicated to even consider doing yourself.
As to the percentage, that is entirely up to negotiation. Your proposal is not unreasonable. If he had any sense, he will also hire a business attorney to protect his interest.
Moreover, you may be offering a security (silent partner) which means your agreements must comply with state and federal securities laws. If the deal does not do that, then you face civil liability and he has the right to get all his money back plus interest. You need a business attorney or you are walking into more problems than you can imagine if things go south.
Start contacting business attorneys and discuss options. You two can split the cost if you are fine without having your own counsel (the business attorney is then the counsel for the entity and does not represent either individual).
I wish you the best in your venture and hope you start contacting counsel before you do anything further.See question
I am an independent contractor leased to a trucking company. In my contract it states that my contract can be terminated with 30 days written notice from either party or can be terminated by either party not honoring the terms of the contract. It ...
You don't mention the nature of the claimed breach by the company. This, as with most law, is complicated. A simple breach of a covenant in the contract does not mean that the contract terms are now void. This is part of the consideration of whether there was a material breach or anticipatory repudiation. So, to your question, if the breach was minor they can still enforce other terms of the contract.
As to your second question, if they breach the contract you can sue them but then the question is your damages. Since you don't mention the breach, we have no idea of the possible damages. So, for example, if you claimed that they failed to follow proper notice your damages would the days possible income minus required mitigation.
If you believe that they don't have a basis to charge you for these certain things and they try to do so, contact an attorney so they can review the contract and get many more facts. Every word and every fact matters.See question
I need a family law lawyer but can afford little if anything. I strongly believe my son is been a victim of child abuse from being in the coustdy of CPS and I am going to lose him if I dont get help from a lawyer.
Contact Colorado Legal Services and see if you qualify and if they can help http://coloradolegalservices.org/.See question
My friend just suddenly stopped talking to me. I tried to email her several times over the course of a year and finally sent her a hand written letter asking why she wanted nothing to do with me. Soon I'm contacted by police telling me not to have...
Yes, you can get into legal trouble. You may want an answer but you have no right to get one. It is very simple. If you want to avoid problems stop contacting her and move on. All that the police need is a basis to believe a crime was committed. That can be supported merely by the allegations of the person you keep trying to contact and they have a record that they warned you and you decided to ignore that warning. If you have not figured this out, police expect you to follow their directions.
That said, assuming your communication could not be construed as harassment or other criminal activity, the chances you would get convicted are slim. However, that does not mean you can't be charged. If you are charged, you would still have to take the time and money to defend the claims which, frankly, is a stupid risk for you to take just to continue to try to get this answer that you want.
So the best advice is to stop trying to communicate with her and be done. If you still want your answer regardless of this reasonable suggestion and the prior warning, then have at it and enjoy the possible time and expense of dealing with this.See question
father received temporary custody and then insisted all visits are to be supervised yet there was not a court order in place changing parenting time, could this be grounds for repercussions?
The father cannot effectively demand compliance with terms without a court order. If he wants supervised visitation, then he will have to file a motion to request this and wait until the court issues its order.
As to repercussions, on top of making a difficult time even more toxic, in theory, he could be responsible for attorney fees if the mother has to file a motion to stop these demands. The judge will also view the father's demand (absent an order) with disdain.
It is very simple. Each party needs to avoid making a bad situation worse, they need to work amicably with the ex, and, when necessary, get proper court orders and then entirely comply with those orders.See question
I had an attorney in Grand Junction, and spent close to 8000 ( or my family did) on my divorce case. Due to circumstances and trust issues, he is no longer my attorney. In that time, he did not filings of any sort and really was not helpful. I am ...
You can certainly apply to legal aid see. If that does not work, then get an attorney for a limited representation to help.See question