What does Estate Planing mean?
An estate plan can significantly impact an individual’s entire family when that person becomes incapacitated or dies. A comprehensive estate plan should designate a guardian for minor children, appoint persons to administer the estate or trusts, appoint an agent to make medical decisions if the individual becomes incapacitated, provide asset protection for those who are unable to manage their own finances, minimize taxes, provide business succession planning, if applicable and any other issues that may impact the individual’s family or business after their death.
Do I need a will?
If you have any property, real or personal, and care who receives that property upon your death, then you need a will.
What is a Simple Will?
A “simple” will is what is typically used when a husband and wife have combined assets that are significantly less than the current estate tax exemption and there is no need for trusts for minor children or others. This type of will usually makes outright gifts to the surviving spouse and then equal shares to the children after both spouses have died.
What is included in my Gross Estate?
Your gross estate includes the value of all property in which you had an interest at the time of your death which also includes life insurance proceeds.
What is my Taxable Estate?
Your taxable estate is your gross estate after allowable deductions which include:
(II) Debts you owed at the time of your death;
(III) The marital deduction which is generally the value of the property that passes from your estate to your surviving spouse;
(IV) The charitable deduction which is generally the value of the property that passes from your estate to the United States, any state, a political subdivision of a state, or to a qualifying charity for exclusively charitable purposes; and
(V) The state death tax which is generally any estate inheritance, legacy, or succession taxes paid as the result of the decedent’s death to any state or the District of Columbia.
What is the current Estate Tax Exemption Amount?
| 2008 | $2,000,000 |
| 2009 | $3,500,000 |
| 2010 | N/A – estate tax is repealed |
| 2011 | $1,000,000 |
What is the current Gift Tax Exemption Amount?
The current (2008) annual gift tax exemption amount is $12,000 per year per person. For example, you may give a gift in the amount of $12,000 per year to as many people as you wish without incurring any taxes. You may also gift more than $12,000, however, it will be deducted from your life time exclusion amount of $1,000,000 (in effect through 2009) and also requires that you file a gift tax return.
Who pays the Gift Tax?
If and when a gift tax is due, it is the donor (the person making the gift) that is taxed. The gift recipient does not pay any taxes.
What is a Living Will?
This is a document that governs the withholding or withdrawal of life-sustaining treatment from an individual when that person is no longer able to make decisions regarding his or her medical treatment.
What is a Trust?
A trust is a legal entity created by a person (grantor) to hold property for the benefit of designated beneficiaries. Under a trust, property is actually transferred into the name of the trust and the trustee is charged with the responsibility to manage the trust assets and income for the benefit of all beneficiaries.
If you’ve been stopped for a DUI, Contact
an Attorney as soon as possible.
I have been charged with driving under the influence, when should I get an attorney?
When charged with driving under the influence or driving while ability impaired it is important to consult with counsel as soon as possible as there are important
decisions to make regarding your license. There are often two problems with alcohol driving offenses, problems with your license and problems with the Colorado law. An attorney can
guide you through these issues.
What is DUI and DWAI?
DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is substantially
under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood
alcohol level (BAC) is above the legal limit of .08 for driving under the influence and .05 for driving while ability impaired which means impairment to even the slightest
degree.
Can I still be in trouble for driving, even if my BAC is below the legal limit?
Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge
distances, drive an automobile, make judgments, act in emergencies, etc. Cases have been taken to trial by prosecutors where there was no test result, or where the result shows less
than the legal limit. However, Colorado law shows a presumption you were not impaired if the test results are less than .08.
Does the car have to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested.
You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or
power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical
control of the car.
Can I fight my DUI arrest?
Yes. You may request a review of the drivers license suspension by the department of motor vehicles within seven days following your arrest. If challenging the alcohol
content, the hearing officer will look to see if the officer had reason to stop you and whether there is a blood or breath test result greater than .08. If challenging a
refusal action the hearing officer will look to see if the officer had reason to stop you, reason to ask you to take a test and whether you refused to submit to a test of
your blood or breath.
If I am arrested for a DUI, will I lose my license?
Yes, the law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC of .08 or greater or after you refused to submit to a blood or
breath test. Your license will be seized, and the officer will issue you a traffic ticket and a notice or revocation. If you give a blood test, the officer will not seize
your license on the spot, but it may be revoked at a later date.
How long will I lose my license?
If you have refused to submit to a chemical or physical test, your license will likely be suspended for a period of one year. If you take a blood or breath test that is
greater than a .08, if the hearing officer finds that the officer had probable cause to pull you over and it is a valid test, the revocation is three months for a first
time and at least a year for subsequent offenses.
What else will happen to me?
In most cases where a plea is entered to an alcohol offense, there is an alcohol evaluation and treatment ordered by the Judge. There is mandatory community service and
court costs of at least $450.00. The possible maximum penalties include a year in jail and fines. The usual first time offender is given the chance at probation with
classes and community service. Repeat offenders face mandatory jail along with classes and probation. Multiple repeat offenders face maximum jail from most Judges.
What are my Miranda Rights?
When an officer has arrested a person and starts to ask them questions about a crime, the officer must first advise the person of their Constitutional rights. Most often,
the advisement is this:
– You have the right to remain silent.
– Anything you say can and will be used against you in a court of law.
– You have the right to be advised by an attorney before answering any questions.
– If you desire an attorney and cannot afford one, one will be appointed for you free of charge.
Will I be able to get my case dismissed because I was not read my rights?
Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.
What other rights do I have as a defendant?
1. You have the right to enter a plea of Not Guilty, and set your case for trial.
2. You have a right to a speedy trial. This means that, unless the defense requests a continuance or waives speedy trial, you must be tried within six months of entering a plea.
3. You have the right to an attorney. If you qualify, you may have an attorney appointed to represent you. This is usually done through the Colorado Public Defender’s Office.
4. You have the continued right to remain silent, and can not be forced to testify at trial. The decision to testify is yours and yours alone.
5. You have the right to be presumed innocent until the prosecution proves, beyond a reasonable doubt, that you are guilty of the crimes charged.
6. At trial, you have the right to call witnesses on your behalf (if necessary through a subpoena commanding witnesses to appear), and to cross examine the witnesses called to testify against you.
7. Finally, you have the right to appeal any ruling against you.
I already have two alcohol offenses. What will happen to my license if I have a third conviction?
Your license will be automatically revoked.
I have three serious offenses within seven years, what will become of my license?
It will be automatically revoked for five years as a Habitual Traffic Offender.
What will happen if I do not complete the classes or public service ordered by the Court?
You may have your probation revoked, and will be subject to possible jail time.
Is Colorado a no fault divorce state?
Yes. You do not need to prove fault such as adultery, abandonment, imprisonment or cruel and inhuman treatment. The fact that the marriage is irretrievably broken is sufficient to get a divorce in the State of Colorado.
Is fault considered by the court when dividing assets and debts or determining issues concerning the children?
No, marital fault is not to be considered when dividing assets, dividing debt, awarding support or determining allocation of parental responsibilities. Issues such as dissipation of assets may be considered when equitably dividing the marital property.
How long does it take to get divorced?
At least one party to a divorce must have been domiciled in the State of Colorado for at least 90 days prior to commencing a Dissolution of Marriage of action. Thereafter, at least 90 days must have passed since the court acquired jurisdiction over the respondent via either service of process upon the respondent, the respondent joining as co-petitioner in the petition or the respondent otherwise enters an appearance. Accordingly, the quickest you can get divorced is 90 days from the date that the court acquires jurisdiction over the respondent. The actual timeline will vary greatly depending upon the county, issues involved in your case and whether you go to trial or are able to settle.
How are Parenting Time and Allocation of Parental Responsibilities determined?
The court will allocate parenting time and parental responsibilities (formerly referred to as “joint or sole custody”) and based upon what is in the best interests of the minor child(ren). In order to determine what is in a child’s best interest, the court will consider the following factors as found in C.R.S. §14-10-124: (see below)
(I) The wishes of the child’s parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;
(IV) The child’s adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
(IX) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence;
(X) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence;
(XI) The ability of each party to place the needs of the child ahead of his or her own needs.
(b) Allocation of decision-making responsibility. The court, upon the motion of either party or its own motion, shall allocate the decision-making responsibilities between the parties based upon the best interests of the child. In determining decision-making responsibility, the
court may allocate the decision-making responsibility with respect to each issue affecting the child mutually between both parties or individually to one or the other party or any combination thereof. In determining the best interests of the child for purposes of allocating decision-making
responsibilities, the court shall consider, in addition to the factors set forth in paragraph (a) of this subsection (1.5), all relevant factors including:
(I) Credible evidence of the ability of the parties to cooperate and to make decisions jointly;
(II) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;
(III) Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties;
(IV) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to allocate mutual decision-making with respect to any issue over the objection of the other party or the legal representative of the child.
(V) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of spouse abuse, then it shall
not be in the best interests of the child to allocate mutual decision-making responsibility over the objection of the other party or the legal representative of the child, unless the court finds that the
parties are able to make shared decisions about their children without physical confrontation and in a place and manner that is not a danger to the abused party or the child.
(2) The court shall not consider conduct of a party that does not affect that party’s relationship to the child.
(3) In determining parenting time or decision-making responsibilities, the court shall not presume that any person is better able to serve the best interests of the child because of that person’s sex.
(3.5) A request by either party for genetic testing shall not prejudice the requesting party in the allocation of parental responsibilities pursuant to subsection (1.5) of this section.
(4) If a party is absent or leaves home because of spouse abuse by the other party, such absence or leaving shall not be a factor in determining the best interests of the child. For the purpose of this subsection (4), “spouse abuse” means the proven threat of or infliction of physical pain or
injury by a spouse or a party on the other party.
(5) Repealed.
(6) In the event of a medical emergency, either party shall be allowed to obtain necessary medical treatment for the minor child or children without being in violation of the order allocating decision-making responsibility or in contempt of court.
(7) In order to implement an order allocating parental responsibilities, both parties may submit a parenting plan or plans for the court’s approval that shall address both parenting time and the
allocation of decision-making responsibilities. If no parenting plan is submitted or if the court does not approve a submitted parenting plan, the court, on its own motion, shall formulate a parenting plan that shall address parenting time and the allocation of decision-making
responsibilities.
(8) The court may order mediation, pursuant to section 13-22-311, C.R.S., to assist the parties in formulating or modifying a parenting plan or in implementing a parenting plan specified in subsection (7) of this section and may allocate the cost of said mediation between the parties.
How is child support calculated?
The State of Colorado has implemented presumed Child Support Guidelines. These child support guidelines consider such factors including, but not limited to, the gross incomes of each parent, the number of children, the number of overnights the child(ren) spend with each parent, cost of daycare, cost of health insurance premiums attributable to the child(ren), limited other extraordinary expenses for the child(ren) and whether there are any older children living with the parents or whether there is a child support obligation being paid for children older than the children at issue.
When does child support start?
Child support commences after the physical separation of the parties, the filing of the Petition for Dissolution of Marriage or service upon the respondent, whichever date is latest.
When may I modify my child support?
Pursuant to C.R.S. §14-10-115 you may modify child support anytime there is a substantial and continuing change of circumstances and application of the child support guidelines would result in more than a 10% change in the amount of child support being paid.
When does child support terminate?
Generally speaking, child support in the State of Colorado terminates upon the emancipation of a child. A child emancipates upon attaining the age of nineteen, joins the military, marries or otherwise emancipates.
Will my spouse be required to pay for my attorney fees?
One spouse may be required to pay some or all of the attorney fees of the other spouse depending upon the financial circumstances of each spouse. Pursuant to C.R.S. §14-10-119 the court may make an award of attorney fees to equalize the financial positions of the parties. This typically occurs when there is a wide disparity in the parties’ earning capacities.
May I change my name back to my maiden name as part of the divorce action?
Yes and if you are considering restoring your maiden name it is advisable to do it as part of the dissolution of marriage action. It is very easy to restore your maiden as part of the divorce action but much more cumbersome to do at a later time. If you do restore your maiden name, then you will want to obtain certified copies of the Decree of Dissolution Marriage to present to the Department of Motor Vehicles and the Social Security Administration to change your name with those agencies.
