Recent Posts in Family Law Category

  • Can I Obtain Adult Guardianship for My Significant Other?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    22 Jun. 2017

    Sometimes special circumstances require adults to seek care from other, more capable persons who have their best interest at heart. Whether the reasons stem from the development of a serious illness, or a mental or physical disability, some adults require an appointed guardian. Guardianship proceedings may be initiated by anyone interested in the welfare of the proposed ward. This includes anyone ...
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  • Challenging a Will When the Will Contains a "No Contest/In Terrorem" Clause

    Posted By Jorgensen, Brownell & Pepin, P.C.

    7 Jun. 2017

    With second marriages and blended families being common, estate planning has become a bit more complicated. A couple may have “her” children, “his” children, and “our” children. They may wish to treat these groups of children differently in their estate plan. Someone may be disappointed when the Last Will is probated. In order to prevent this fight, a person can ...
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  • Do you think your spouse hid assets in your divorce?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    1 Jun. 2017

    Your divorce is finalized. All your property is divided. Your case is closed. Now you discover your spouse hid assets, what do you do? A major part of divorce proceedings focus on finances. Thus, hiding assets in a divorce is a more common occurrence than many would believe. Despite the Court’s continuous attempts and expectations of creating an equitable equalization of parties’ ...
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  • Colorado's End-of-Life Options Act

    Posted By Jorgensen, Brownell & Pepin, P.C.

    12 Apr. 2017

    Five states currently have “death with dignity” statutes which allow qualified, terminally ill adults to request and receive prescription medication to end their life. Colorado is now one of those states, alongside Oregon, Washington, Vermont, and California. After a failed attempt by the Colorado legislature to pass a death with dignity bill in early 2016, voters passed Proposition ...
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  • Grandparent Visitation Rights in Colorado

    Posted By Jorgensen, Brownell & Pepin, P.C.

    5 Apr. 2017

    What rights do grandparents hold when it comes to visitation with their grandchildren? Colorado Courts recognize the fundamental right of fit parents to make decisions regarding the care, custody and control of their children. What does this mean for grandparents? There is no automatic right to grandparent visitation in Colorado, however, Colorado Revised Statutes §19-1-117 grants ...
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  • Veterans Aid & Attendance: Proposed New Eligibility Rules

    Posted By Jorgensen, Brownell & Pepin, P.C.

    31 Mar. 2017

    In the past, an applicant for Veterans Administration (VA) Aid and Attendance benefits could make gifts of assets in order to become financially eligible. The VA did not penalize such gifting. However, the rules never actually stated what an applicant’s net worth needed to be in order to qualify for Aid and Attendance benefits. The most commonly mentioned asset amount was $80,000, but there ...
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  • Who Determines Child Custody and How?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    27 Feb. 2017

    When a marriage comes to an end, parents must decide how to divide their family and household in two. The most legally and emotionally difficult part of this undertaking is often determining child custody. If you are a divorcing parent, it is critical to understand how the process works and who has the final say in where your child will live. A principle concept in all custody disputes is that ...
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  • Breach of Fiduciary Duty: Proving Your Case

    Posted By Jorgensen, Brownell & Pepin, P.C.

    15 Feb. 2017

    The previous article discussed the many duties of a fiduciary. So how do you prove that the fiduciary breached a duty? One place to start is to look at the document in question to see if it modifies any of the duties. A Last Will and Testament, a trust, and even a general power of attorney will have sections that state the powers of the Personal Representative, trustee, or agent. For instance, a ...
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  • What in the World Are These Required Disclosures?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    14 Feb. 2017

    Colorado Rules of Civil Procedure 16.2: What does it mean for your case? If you file a motion in domestic court, you will most likely be told to create a financial affidavit and comply with Colorado Rules of Civil Procedure (“CRCP”) 16.2 disclosures. CRCP 16.2 applies to all domestic relations cases. The purpose of CRCP 16.2 is to create a uniform procedure used to resolve issues ...
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  • Attorneys Anne Jorgensen and Matthew Crowther Obtain $1.1 Million Settlement in Contested Probate Case

    Posted By Jorgensen, Brownell & Pepin, P.C.

    22 Sep. 2016

    Attorney Anne Jorgensen and Attorney Matthew Crowther obtained a settlement valued over $1.1 million for a contested probate case. As the case progressed, Jorgensen and Crowther aggressively prosecuted the case and spared no expense in hiring an array of experts and conducting numerous depositions. They raised crucial issues, including the following: Undue influence Breach of fiduciary duties Lack ...
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  • Domestic Violence and Custody

    Posted By Jorgensen, Brownell & Pepin, P.C.

    24 Jun. 2016

    The Courts and legislature take domestic violence very seriously. In 2013, the legislature expanded the definition of domestic violence as it pertains to domestic issues of protection orders, parenting time, and decision-making responsibilities. The expanded definition of domestic abuse includes physical threats of violence and harm, mental and emotional abuse, financial control, document control, ...
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  • Retirement Plans in Divorce

    Posted By Jorgensen, Brownell & Pepin, P.C.

    31 May. 2016

    In divorce agreements and orders, marital assets and debts are divided equitably (fairly, but not necessarily equally) between the parties. This includes retirement accounts. Retirement plans are categorized as either defined benefit or defined contribution plans. A defined benefit plan identifies the specific benefit that will be payable at retirement. There is no specific amount attached to the ...
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  • New Ruling Regarding the Interpretation of Colorado's Maintenance Statute

    Posted By Jorgensen, Brownell & Pepin, P.C.

    13 May. 2016

    Colorado’s maintenance statute previously set out factors for the court to consider, but then left the term and amount up to the discretion of each individual judge. In an effort to streamline the orders and have some consistency across the state, new maintenance guidelines were put into effect in January 2014. The guidelines were “advisory” rather than presumptive, but our ...
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  • Are You Common Law Married?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    10 May. 2016

    There are many misunderstandings about what constitutes a common law marriage in Colorado. Often we get calls from people who have lived with their significant other and have questions regarding what rights they have. Colorado is one of the few states (there are fewer than 10) that still recognizes common law marriage. Under Colorado case law, whether a marriage exists may be a question that needs ...
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