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The Problem with Pocket Deeds

A “pocket deed” is a nondelivered real estate deed executed by the current owner during their life where the current owner (the “grantor”) instructs the deed to be delivered to the beneficiary (the “grantee”) upon the current owner’s death or some other condition. The usual intent is to retain property ownership until death and to […]

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Margarita Fever – Buying Real Estate in the Land of the Fideicomiso (Mexico)

Coloradoans are getting Margarita Fever. A trip to the Mexican sun coast. Warmth, salt air and a whiff of humidity. A yearning for a piece of Mexican paradise warms the body while a little tequila whispers soulfully that it is the right thing to do. Why A Fideicomiso? Foreigners cannot directly own Mexican real property […]

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Colorado Considers Commercial Tax for Residential Property

I would not have believed it if I didn’t hear it with my own ear.  The Colorado General Assembly considered taxing residential property as commercial if that residential property was held in an LLC or other entity.  This would result in about a 400% increase in property tax.  For now, the proposal did not make […]

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Funding Your Colorado Revocable Trust, Part 1

There is an old saying that the devil is in the details.  The details for an estate plan are funding your revocable trust.  It is also the biggest complaint we get from our financial planning friends – we lawyers draft the document and don’t fund the trust.  The decision to pay the lawyers to fund […]

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Residential Purchase Contract As-Is Addendums

Home buyer’s remorse used to mean having some misgivings about the house purchase price paid and the monthly mortgage payments.  Today, it can mean a lawsuit against the home seller.  Sometimes, those lawsuits can be for hundreds of thousands of dollars.  In most cases, insurance does not cover the loss or even the defense.  For […]

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The HOA Insurance Coverage Two-Step

When damage occurs in condominiums or townhomes, one of the main questions is whose insurance is left holding the bag. Does the homeowner’s insurance pay? Or does the Homeowners Association’s?  An Association’s responsibilities are laid out in their Covenants, Conditions, and Restrictions (“CC&Rs” or “Declaration”). However, when it comes to allocating insurance responsibilities between homeowners […]

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Regulating Short-term rentals in your Colorado Community

Short term rentals are defined generally as a rental that lasts for less than 30 consecutive days.  Airbnb and VRBO are just a few of the many companies who are trying to profit off homeowners renting empty rooms or empty homes to vacationers. While that may seem like an appealing way to make money for […]

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HOA vs. Old Glory

As we approach the Fourth of July, you and many of your neighbors are probably planning to fly the American flag. However, if you live in a community governed by a homeowners association, this benign act of patriotism may be against the rules. In fact, a quick Google search reveals pages full of news articles […]

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Negotiating A Commercial Lease

There is more to negotiating a Colorado commercial lease than just the cost per square foot. Should a problem arise sometime during the lease term, the commercial lease terms can be critical. The time to negotiate those commercial lease terms is before the lease begins. Read and Understand the Commercial Lease This may seem obvious, […]

Estate Taxes and Real Estate in Sister States

Many Coloradoans are transplants from the East and West Coast. While Colorado does not have an estate tax or inheritance tax, other states do. You do not have to be a resident of these states to get clipped by the tax. All you need is real estate.