Author Archive

Homeowners Associations & Dues

By Douglas A. Turner, Esq. • Oct 9th, 2007 • Category: Colorado Homeowner Association Law, Colorado Real Estate, Featured Posts

Have a dispute with your beloved homeowner association? Thinking about withholding your dues or assessments in protest? Well, be careful. You may lose your real property in the process.



Liability Waivers and the Colorado Equine “Professional”

By Douglas A. Turner, Esq. • Oct 9th, 2007 • Category: Colorado Business Law, Colorado Collection Law

When it comes to horses and owner liability, two recent Colorado court cases underscore just how limited the exemption from civil liability is and the importance of liability waivers for anybody who owns a horse. A well-written liability waiver is a must for anybody who qualifies as an equine professional. And, surprise, you may be just that – an equine professional.

Most people who ride or own horses are aware of the Colorado law limiting civil liability for injuries caused by participating in equine activities. That statute is 13-21-119, C.R.S. In a very broad summary, those that ride horses assume the risk of injury and cannot recover from others when injured.



Ancillary Probate: Will It Cost You Thousands?

By Douglas A. Turner, Esq. • Oct 9th, 2007 • Category: Estate Planning & Colorado Probate

Avoiding ancillary probate is easy. By putting real estate into something called a nominee trust or living trust, ancillary probate proceedings and the associated expense can be avoided. As an alternative to a living trust, a limited liability company can be created, the real estate transferred to the company and then ownership in the company can be transferred to the heirs through the primary probate proceeding…



Disposition of Last Remains

By Douglas A. Turner, Esq. • Jun 4th, 2007 • Category: Estate Planning & Colorado Probate

Well, times have changed since I first wrote about the disposition of dead bodies. It used to be that an individual could not control what happened to his or her body after death. Well, that has changed. Colorado’s Disposition of Last Remains Act Several years ago, Colorado enacted the Disposition of Last Remains Act. In [...]



Is Your 1990’s Tax Planning Will Going To Cost Your Spouse Thousands?

By Douglas A. Turner, Esq. • Jun 4th, 2007 • Category: Estate Planning & Colorado Probate

Many tax planning wills and trusts have a little secret hidden deep down inside – the up front expense of long-term estate tax planning. There is a cost to a will or revocable trust that creates irrevocable, tax planning trusts at death. A person should always review that plan and ask himself or herself, is [...]



Pirates of the Caribbean: Land Transfers & Estate Planning in Foreign Jurisdictions

By Douglas A. Turner, Esq. • Jun 4th, 2007 • Category: Colorado Real Estate, Estate Planning & Colorado Probate, Featured Posts

Understanding Local Colorado Real Estate Law Thinking about buying real estate in the Bahamas? Maybe a timeshare in Barbados? A quaint villa in the French West Indies? Well, before you do, you may want to research the local real property taxes, think about how this little piece of paradise fits into your overall estate plan [...]



Decoupling: A Dirty Little Estate Tax Secret

By Douglas A. Turner, Esq. • Jun 4th, 2007 • Category: Estate Planning & Colorado Probate

Hurray! The federal estate tax exemption is 1.5 million this year. Hurray! A married couple with a tax planning estate plan can shelter up to 3 million from federal estate tax. Hurray! The federal exemption will go even higher in the year 2009. But … what about STATE estate tax? Oops! Well, listen up and [...]



Landlords, Tenants & Security Deposits

By Douglas A. Turner, Esq. • May 18th, 2007 • Category: Colorado Real Estate

With more and more people buying residential real estate for investment purposes, many novice landlords learn the hard way that keeping a security deposit can result in big trouble. Landlords must comply with Colorado’s Wrongful Withholding of Security Deposits Act (the “Act”). Read on and save yourself (or collect!) treble damages and attorneys fees. Colorado’s [...]



Negotiating A Commercial Lease

By Douglas A. Turner, Esq. • May 18th, 2007 • Category: Colorado Real Estate, Featured Posts

There is more to a commercial lease than just the cost per square foot. The written terms of the lease can be critical to a tenant’s rights should a problem arise sometime during the lease term. The time to negotiate those lease terms is before the lease begins. Here are just a few tips when [...]



How to Collect A Child Support Judgment

By Douglas A. Turner, Esq. • May 18th, 2007 • Category: Child Support Collection, Colorado Collection Law

Yes, he owes child support, and he owes a lot. Can that child support judgment be collected? For many single mothers in Colorado or other states, the answer is yes, but it is going to take some work. Here are some suggestions for turning that debt into hard currency…