Practice Areas

Our philosophy is to provide affordable, competent and practical legal advice and representation to the residents of Estes Park Valley and the Front Range.

Estate Planning

 

An estate plan is a series of documents in which you provide instructions in the event that you become incapacitated  or die.  Estate planning documents can address the following goals:

  • Direct who should speak for you and care for you when you are unable to;

  • Direct who should protect and manage your assets while you are alive buy unable to do so;

  • Direct your medical or health treatment if you are unable to communicate your wishes;

  • Minimize tax liabilities during your life or upon your death and;

  • Nominate someone to administer your assets after your death

Will Preparation

 

A will is the most common estate planning document that all individuals should create regardless of their financial status. A will is a set of instructions for the personal representative to follow to settle your estate when you die.  A will should identify when, how, and to whom your assets should be disposed of and how your business affairs should be addressed, if applicable. In addition, a will is a helpful tool to name a guardian for minor children or disabled adult child(ren).

Powers of Attorney

 

  • Financial Power of Attorney.  A financial Power of Attorney, also known as a General Power of Attorney or General Power of Attorney for Property gives an agent authority to manage your finances and property, and to transact business on your behalf.

  • Medical Power of Attorney. A Medical Power of Attorney generally gives an agent the authority to make medical and personal care decisions on your behalf.

  • Durable Power of Attorney. A Durable Power of Attorney permits an agent to make medical and financial decisions on your behalf ONLY if you become incapacitated.

  • Limited Power of Attorney.  A Limited Power of Attorney, also know as a Special Power of Attorney, grants an agent the legal authority in writing , to perform a specific act or acts on behalf of the Principal.

Revocable Living Trusts

 

Revocable Living Trusts, sometimes called ”intervivos trusts,” can be an effective estate planning tool.  A trust is a written agreement (or contract) between the trustmaker and the Trustee under which the trustee holds and manages the assets for the benefit of the beneficiaries chosen by the trustmaker.  In a living trust, the trustmaker is often also the trustee and the beneficiary during their life.

Probate in Colorado

 

Probate is the legal process that is used to transfer title of assets from the descendants to his or her devisees (recipients named in the will) or heirs (recipients named by law).  All wills and intestate estates must be probated, but the degrees of court involvement and complexity range from simple and inexpensive to complicated and costly.

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Business Planning

 

Whatever your business need, we are the professionals to set up your business!

  • Partnerships: A partnership is an arrangement where parties, known as business partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations may partner to increase the likelihood of each achieving their mission and to amplify their reach. A partnership may result in issuing and holding equity or may be only governed by a contract.

  • Limited Liability Corporations (LLC): 

  • A limited liability company (LLC) is a business structure in the United States whereby the owners are not personally liable for the company's debts or liabilities. The limited liability company (LLC) is a hybrid legal entity that has both the characteristics of a corporation and of a partnership. An LLC provides its owners with corporate-like protection against personal liability.  In basic terms:

    • Limited liability companies are corporate structures in the United States where owners are not personally liable for the company's debts or liabilities.

    • Regulations surrounding LLCs vary from state to state.

    • Any entity can form an LLC including individuals and corporations; however, banks and insurance companies cannot.

    • LLCs do not pay taxes—their profits and losses are passed through to members, who claim them on their tax returns.

  • Corporations: A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity; a legal person in legal context) and recognized as such in law for certain purposes. Early incorporated entities were established by charter (i.e. by an ad hoc act granted by a monarch or passed by a parliament or legislature). Most jurisdictions now allow the creation of new corporations through registration. Corporations come in many different types but are usually divided by the law of the jurisdiction where they are chartered based on two aspects: by whether they can issue stock, or by whether they are formed to make a profit. Depending on the number of owners, a corporation can be classified as aggregate (the subject of this article) or sole (a legal entity consisting of a single incorporated office occupied by a single natural person).

​Our firm provides legal counsel, preparation of necessary governing documents and provide corporate management for those wishing to start a business and for already established business owners.

Real Estate

 

We prepare the following:

  • Deed(s): In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin.  We provide clarification of deeds, correction and/or prepare new deeds commonly used in real estate transactions.

  • Easement(s): An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". It is similar to real covenants and equitable servitudes; in the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.  Easements’ can be confusing and often need a legal counsel’s clarification as to the language of the easement.  Our firm provides explanation of easement language, correction and/or prepare easements commonly used in real estate transactions.

  • Homeowner Association(s): In the United States, a homeowner association is a private association often formed by a real estate developer for the purpose of marketing, managing, and selling homes and lots in a residential subdivision. Typically, the developer will transfer control of the association to the homeowners after selling a predetermined number of lots. Generally any person who wants to buy a residence within the area of a homeowners association must become a member, and therefore must obey the governing documents including Articles of Incorporation, CC&Rs and By-Laws, which may limit the owner's choices. Homeowner associations are especially active in urban planning, zoning and land use, decisions that affect the pace of growth, the quality of life, the level of taxation and the value of land in the community. Most homeowner associations are incorporated and are subject to state statutes that govern non-profit corporations and homeowner associations. State oversight of homeowner associations is minimal, and it varies from state to state. Some states, such as Florida and California, have a large body of HOA law. Other states, such as Massachusetts, have virtually no HOA law. In 2013, Colorado passed an "HOA Reform Package" (including House Bill 13-1276, House Bill 13-1277, and Senate Bill 183) to hold HOAs to stricter standards in certain areas, like debt collection, foreclosure, and landscaping. Colorado law requires that HOA community managers be licensed under the Colorado Division of Real Estate. (Colo. Rev. Stat. § 38-33.3-402). Homeowners associations are commonly found in residential developments since the passage of the Davis–Stirling Common Interest Development Act in 1985.  Our firm represents Homeowners associations, providing services such as updating declarations, bylaws, and articles to comply with current state and federal law.