JBP Blog

Colorado, August 25, 2023 – Jorgensen, Brownell & Pepin, P.C. is pleased to announce Rebecca M. Pepin has been included in the 2024 edition of The Best Lawyers in America®. Since it was first publishe...

Colorado, August 25, 2023 – Jorgensen, Brownell & Pepin, P.C. is pleased to announce James C. Shanor and John D. Konz have been included in the 2024 edition of Best Lawyers: Ones to Watch® in America....

The Court must wait at least 91 days from the filing of the Petition to enter a Decree of Dissolution of Marriage to acquire jurisdiction over the parties. The Court acquires jurisdiction after 91 day...

In residential construction, there are often several parties involved in the different stages of work. For example, people seeking to build and sell homes in a new subdivision may refer to themselves ...

As a parent, car seats are a more significant part of your life than you ever would have thought before having children. You spend time finding the right seat and learning how to install it, and then ...

If you ride a motorcycle, you are far more exposed to danger on a bike without the protection of a car frame and seat belt. Bad weather, poor road conditions, and careless motorists can upend your lif...

When an individual dies, their debts must be settled, and their assets distributed to their heirs. The legal process of settling the estate of a deceased individual (a “decedent”) is called probate. W...

Insurance is complicated. Homeowners often pay little attention to their policy details until it is time to file a claim. When disaster strikes, the homeowner finds their policy inadequate to cover cu...

Personal injury cases are the most common type of civil lawsuit, but they are still unfamiliar territory for the average person. That unfamiliarity can add even more stress to a difficult situation wh...

Mechanic liens are an effective tool used on construction projects of all sizes by contractors to ensure payment for their work. When a mechanic’s lien is foreclosed, the Court will order that the pro...

It’s natural to experience many different emotions during a divorce. With social media playing such a big part in everyday life, it’s also likely that someone going through a divorce may use their soc...

Can you move away if you are co-parenting in Colorado? Yes, but it is not guaranteed that the child will be allowed to relocate with you. If the other parent does not agree that the child can move t...

Buying a newly constructed home or completing an extensive remodel of a home is a big undertaking for potential homeowners and current homeowners alike. Protecting yourself from future issues should b...

Negligence is perhaps the most common basis for a civil lawsuit, as it encompasses such a wide variety of activity, from car accidents to medical malpractice. At one point or another, most of us have ...

Punitive damages have a somewhat controversial reputation—they are much sought-after by plaintiffs and reviled by defendants. Many of the most headline-grabbing civil cases have involved punitive dama...

Being involved in any car accident can be stressful, much more so if you’ve been injured. Besides the pain of your injuries, dealing with insurance companies makes things more complicated, and the sit...

Like almost every state, Colorado requires motorists to carry a minimum amount of liability insurance on their vehicles. The minimum coverage required is $25,000 for bodily injury per person (up to $5...

Negligence is by far the most common basis for a civil lawsuit, as it is based on one of the most fundamental concepts of our legal system: People can be held responsible for their mistakes. While som...

Attorney fees can only be awarded against a party who has an attorney or who has used an attorney to help draft forms or give advice. The Court can assess if a party is entitled to attorney fees upon ...

Mediation is required. Nearly 100% of family law disputes are brought to court. However, it is also extremely useful, especially if you make the most of it. Mediation can be a great opportunity to res...

“Nobody gets through life unscathed,” as they say. As we get older, this statement becomes truer and truer. Everybody suffers from injuries, illnesses, or other medical conditions at some point, so it...

Planning for retirement post-divorce should be considered at the time of the divorce. People should consider income from Social Security or PERA and Retirement Accounts. If your spouse was the primar...

It’s a question that’s foremost on the minds of most plaintiffs: How long will it take to get my money once we settle? It’s a completely understandable question, as most plaintiffs have medical bills ...

DUI is short for “driving under the influence” of alcohol or drugs. “Driving under the influence” means driving a motor vehicle when a person has consumed alcohol or one or more drugs, or a combinatio...

There’s often a lot of uncertainty when dealing with a personal injury—paying medical bills, missing work, etc.—and this uncertainty can easily extend to deciding whether or not you should hire an att...

For many Coloradans, a home is their largest investment. Litigation can become daunting when something goes wrong during a remodel or construction. Considering all subcontractors, laborers, and profes...

Never met with a personal injury attorney before? Neither have most people! We’d like to be able to say that’s because not many have needed one (after all, that would mean fewer injured people in the ...

Jorgensen, Brownell & Pepin, P.C., is pleased to announce five of our shareholders, Ashley A. Geary, James C. Shanor, John D. Konz, Matthew A. Athey, and Stephanie M. Fournier, have been selected to t...

If you’ve ever been involved in a car accident, you’ve probably dealt with an insurance adjuster. They are insurance company employees assigned to investigate a claim, determine who is at fault (in th...

Virtually everyone will be involved in at least one traffic accident in their life, and it can be quite a bad experience. Even a minor fender-bender is fairly disruptive—you have to deal with insuranc...

If you think you have a personal injury case and you’re wondering what questions to ask an attorney before you hire them, then congratulations, you are on the right track. The best thing you can do fo...

Lawsuits are unfamiliar territory for most people. If you’ve been wronged by someone else, initiating a lawsuit may be the only way to get the compensation you are owed, but it can feel like entering ...

It’s every driver’s nightmare scenario: a semi-truck loses control and slams into your vehicle with terrifying force. We’ve all seen it on the news or in person on the highways. In Colorado, such acci...

When you’ve been injured, your first priority should be to get better, not worry about the legal ramifications of what happened. Such concerns cause undue stress at a tough time, and you likely haven’...

Dogs, most of the time, are loving pets and dear companions. However, that is not always the case. Sometimes, perhaps due to a particular dog’s aggressive nature or some other factor unique to the sit...

“Pain and suffering” is a term commonly used to describe injuries that are less tangible than an economic loss. Some may misunderstand these types of damages as just a way to get more money out of a l...

FOR IMMEDIATE RELEASE The National Trial Lawyers is pleased to announce that Matthew Athey of Jorgensen, Brownell & Pepin, P.C. in Loveland has been selected as an NTL ‐ Civil Plaintiff ‐ Top 40 unde...

What can you expect when you believe you may have a claim against an estate being probated? What is considered a claim against the estate? How and when will it be distributed to you? Before a claim m...

Nobody likes paying insurance premiums, but we do anyway, assuming that if something bad happens, the insurance company will be there to help us get through it. For most people, that is the case; the ...

Slip and fall cases (also called a trip and fall) are a common type of personal injury case. In the most basic sense, all that’s required is a hazardous condition, a person walking, and an injury, and...

Ashley A. Geary Hosts Presentation: Serving as Fiduciary, Medical, or Financial Agent Roles, Responsibilities & Pitfalls. Shareholder Ashley A. Geary recently participated in the Boulder County Senio...

Jorgensen, Brownell & Pepin, P.C.’s commitment to its surrounding community was on full display with its annual JBP Philanthropy Day. Being in business for over 30 years, Jorgensen, Brownell & Pepin,...

For most people, reaching a settlement on their personal injury case is a time for celebration. It is the closing chapter of a stressful period of their life, and the money they receive provides muc...

If you’ve suffered a personal injury in an accident caused by negligence, carelessness, or recklessness, it’s important you connect with an attorney who can pursue an insurance claim on your behalf. H...

In beautiful Colorado, bike riding is an extremely popular pastime; for many, it is their primary mode of transportation (even in the snow!). It is eco-friendly and provides tremendous health benefits...

“If you’ve gotten to a point where you’re wondering if you need a lawyer, you definitely need a lawyer.” It’s an old saying true for most people, especially in personal injury. When you’ve come to ha...

The days following a personal injury are overwhelming is a gross understatement. In addition to feeling bodily or financial discomfort, many victims experience fear, confusion, and helplessness becaus...

The Lawyers of Distinction is pleased to announce Rebecca M. Pepin, and James C. Shanor have been certified as distinguished 2022 Members of Lawyers of Distinction. Lawyers of Distinction is the fas...

What are Compensatory Damages in Personal Injury Cases? If you’ve suffered a personal injury, you may have experienced loss. That loss might be a physical impairment, a financial loss because you h...

We are proud to announce BizWest Mercury 100 publication recently named JBP among the Fastest-Growing Private Companies in Boulder Valley! BizWest interviews and studies companies in various industrie...

Jorgensen, Brownell, & Pepin PC is pleased to announce the opening of its new office in Denver, Colorado. With offices already in Longmont, Loveland, and Broomfield, JBP is excited to bring its...

We would never wish anyone that they suffer a personal injury that forces them to seek a remedy via the courts, but the reality is that many are harmed through the negligence of others. If that happen...

Virtually everyone will be involved in at least one car accident. Sometimes it’s just a little fender bender, but others are more serious and can have consequences far down the road. Here are some bas...

Not many people get through life without experiencing some kind of personal injury. Sometimes those injuries are rather serious, and they’re someone else’s fault. What then? Colorado law says the part...

Partition usually arises when people in close relationships (family members, romantic partners, etc.) purchase or inherit property and the relationships then deteriorate to the point where the parties...

The legal world can be a bit perplexing to outsiders. For example, lawyers may spend months fighting over the distinction between words that, to their clients, sound all but identical. Of course, ther...

Accidents happen in life. When they do, sometimes people get hurt or lose their life. And when another party is believed to be responsible for the accident, the affected party can file a personal inju...

Getting injured in a car accident is painful, disruptive, and can have a long-term impact on your life and the lives of your loved ones. When you’re hurt, you can file a lawsuit to obtain compensation...

On its face, a lien is a straightforward concept with which most people are familiar. In short, a lien is a type of collateral for a debt that usually takes the form of an interest in real or personal...

Jorgensen, Brownell & Pepin, P.C., is pleased to announce shareholders John D. Konz and Stephanie M. Fournier have been selected to the Super Lawyers 2022 Colorado Rising Stars list. This is an exclu...

Housing insecurity and access to affordable housing are at the center of the current housing crisis. To address these issues, Colorado lawmakers have passed a new bill that went into effect on October...

A Medicaid Asset Protection Trust can be a complex asset protection trust to understand. While it has many benefits, there can also be some drawbacks, so it’s important to know when and why this type ...

It is no secret that Colorado is currently experiencing a housing crisis. As the Front Range grows, builders and developers are seeking to capitalize on the situation. While Colorado needs more housin...

Making the decision to place a loved one in long-term care is a difficult one. There are endless emotions and questions that need to be addressed. To make the process more difficult, family and loved ...

If an individual passes away owning real property (i.e., any type of real estate) titled solely in that individual’s name, you are required to file probate with the Court. Probate is the legal process...

Jorgensen, Brownell & Pepin, P.C. has promoted Ashley A. Geary to shareholder in growing our Probate, Estate Planning, and Elder Law practice. Ashley joined the firm in 2018 after clerking in Denver ...

You’ll just have to deal with your children’s other parent for the next 18 years, right? Wrong. Love them or hate them, your “parenting team” is here to stay. You will be seeing and being around your ...

We are beyond privileged and honored to be announced as a finalist for Longmont Area Chamber of Commerce Business of the Year. During our 32 years of business, we have called the Longmont community ho...

The Divorce Process: The divorce/legal separation process may appear confusing especially when you aren’t familiar with the terms presented. Below is a brief outline of the process, and an explanation...

The Achieving a Better Life Experience (ABLE) Act of 2014 has allowed thousands of individuals with disabilities to actively plan for their future in a tax advantageous manner. However, understanding ...

Determining liability in a personal injury case and understanding how much the plaintiff can recover depends on the comparative negligence laws that govern the case. In Colorado, modified comparative ...

The Lawyers of Distinction is pleased to announce Matthew A. Crowther and Stephanie M. Fournier have been certified as distinguished 2021 Members of Lawyers of Distinction. Lawyers of Distinction is r...

2020 was a rough year for most businesses, but at Jorgensen, Brownell & Pepin, P.C., we stayed focused on delivering the best possible legal service for clients throughout Colorado. We are excited to ...

Whenever there is a pedestrian accident, many people will assume that the driver must have made a mistake that caused it. On the other hand, many others still will assume the pedestrian probably wande...

To the chagrin of some, video cameras are becoming ubiquitous. It is difficult to travel anywhere without spotting at least one nearby, especially when considering that most people have a smartphone i...

Colorado is a pretty big state in terms of geography, but most of the population is centered around the greater Denver metropolitan area. From Loveland to the north to Colorado Springs to the south, y...

Divorces are complicated. They become more complicated when there are children involved and even more so when one or more of those children have special needs. Complicated cases require a bit more att...

In the Summer of 2020, the Colorado Court of Appeals was faced with an issue of first impression: whether a Payable on Death (POD) account that is subject to a pledge agreement can also be subject to ...

As the second parent to a child, if you have lived with the child for the past six (6) months, you have the same rights to the child as the child’s biological parent. However, in order to protect and ...

One of the most difficult aspects of any lawsuit often isn’t winning your case, but is recovering your award from the opposing side. Unfortunately, all too frequently there are cases where a plaintiff...

With the COVID crisis looming, many individuals are finding themselves in a situation where bankruptcy is the only viable option to obtain a fresh start and climb out of debt. Many consumers have foun...

Are you concerned about potential creditors coming after your heirs’ inheritance, claiming the money you intended to leave to your loved ones? Are you nervous your heirs may recklessly squander their ...

It’s common for family members or investment partners to come upon times where they can’t agree upon proper use or management of real property. In situations where there is no possibility for resoluti...

It is not uncommon for individuals to list their spouse as the Personal Representative (the individual appointed by the court to administer the estate), Power of Attorney (the individual or individual...

2020 is coming to a close and because of COVID-19, businesses have suffered immense losses this year, especially the service industry. An unhelpful aspect of this pandemic has been the ever-shifting g...

Bankruptcy is a term with a lot of negative connotations. However, the truth is that bankruptcy is a process put in place by the federal government to assist individuals (and businesses) in obtaining ...

In Colorado, the prevailing party at trial or arbitration is not automatically entitled to recover their attorney’s fees. In fact, only specific circumstances allow for such a recovery. Since attorney...

A trust is a convenient tool in one’s estate plan that allows the “Grantor,” or the person establishing and funding the trust, to provide for the distribution of his or her assets outside of probate. ...

The One-Year Contract Warranty vs. Six-Year Statutory Period You were excited to buy your new home. You saved up and waited patiently while the contractor worked to build the house of your dreams. Bu...

The holidays are usually such a joyous time of year for families. This year has been difficult for everyone, but the holidays can still be joyous. They might just look a little bit different for every...

A Trust is a convenient tool in one’s estate plan that allows the “Grantor,” or the person establishing and funding the trust, to provide for the distribution of his or her assets outside of probate. ...

The passing of a parent brings grief, confusion and pain. It can also bring on a lot of stress, especially if your parent left behind assets and even more so if there is family conflict. First, you s...

When your property sustains construction defects, the damages you suffer may extend far beyond those simply needed to remedy the defects. You may have been personally affected by disruption and annoya...

A short-term rental (“STR”) is usually residential property that you rent out for less than thirty days. Usually, these rentals are offered through popular websites such as VRBO and Airbnb. In Colorad...

Attorney Anne B. Jorgensen recently participated in Boulder County Senior Law Day's online webinar series and led a segment titled Serving as a Fiduciary, Medical or Financial Agent: Roles, Responsibi...

While they may have a bit of a bad reputation, premarital agreements are a useful tool for couples about to get married. If in the future the couple decides to divorce, the couple has already laid out...

Creating a Trust can be an effective method of distributing your property upon your death while also conveniently avoiding probate. However, sometimes the Trust does not work as was originally intende...

Food delivery drivers are becoming more and more common these days, with more and more people wanting to enjoy restaurant-quality food without ever leaving their homes. Whenever you go for a drive, yo...

Divorce happens, and it happens to a lot of people every year. But the commonality of divorce does not make it any less dramatic and life-changing. If your spouse has just asked for a divorce, and you...

Receiving a Dementia Diagnosis is life changing. If you do not already have documents in place, meeting with an attorney as soon as possible after a diagnosis can make completing estate planning, esta...

You need to take legal action after being in an accident that was not your fault – and you need to take it sooner than later, especially if you live in a state with a brief statute of limitations. Wha...

If you have a retirement account through your employer, you may note money going into your retirement account with each pay check. You work hard for the money in your retirement account. So, do you ha...

The effects of COVID-19 have shifted our economy into an economic downturn and many business owners are suffering as a result. However, a Chapter 11 bankruptcy filing may be the best decision to keep ...

Rideshare accidents caused by a rideshare driver’s mistakes can and do happen regularly. You should be fairly compensated for damages – medical bills, emotional suffering, and lost wages – if you, as ...

When you purchase a home or commercial property, whether it was recently built or has been standing for years, you have the right as the buyer to know about all of the things wrong with it. In the rea...

The Setting Every Community Up For Retirement Enhancement Act, also known as the SECURE Act (the “Act”), was signed into law on December 20, 2019 as part of a larger government spending package and be...

Were you pulled over, arrested, and charged with driving under the influence (DUI), driving while intoxicated (DWI), or driving while ability impaired (DWAI)? You have probably already been told a few...

For the average divorced or separated parent, complications adjusting to their new life start to settle once a parenting plan or child custody agreement is in place. All members of your family can beg...

Force Majeure clauses are regularly included in a multitude of contracts. These provisions excuse performance of various contractual obligations in the event that performance of some aspect of the con...

If you do not yet have parenting time orders, but you know that you would like to move at the beginning of your separation or divorce, the court can fashion a parenting plan which accommodates for you...

In the following article, we explain to you what duties an insurance carrier owes to its insureds, possible claims an insured has against the carrier for failing to act in accordance with those duties...

Historically, property owners were free to rent or lease their properties as they wanted. However, increasingly, restrictions are being placed upon such use. Already, some local governments have passe...

Even in today’s world, healthy eating and exercise only go so far. The natural course of aging ensures that one will have his or her share of unexpected maladies and ailments. When disaster strikes, t...

Picture this scenario. Your elderly father lives in a different state than you do. He lives alone, because your mother passed away several years ago and he refuses to move closer to you or your other ...

We are living in truly unprecedented times as we take on the COVID-19 pandemic. Entire communities are currently experiencing drastic measures to protect ourselves and our loved ones from harm’s way. ...

Colorado just passed House Bill 1170, which made amendments to the Residential Tenants Health and Safety Act (the “Act”). This bill provides more protection to residential tenants under what’s known a...

The COVID-19 or novel coronavirus pandemic has caused people across the nation to buy suddenly and in bulk. Basic necessities like toilet paper, first aid supplies, and bottled water have disappeared ...

Do you have parenting time orders? Is the other parent not complying? Feeling stuck? When a parent denies parenting time to the other parent, this is a sign that that parent is alienating the child f...

In Colorado there is no presumption that the mother, even of an infant child, will be the better caregiver to the child over the father or other parent. So then why do so many mothers think that they ...

As a divorced parent, you need to always keep your child custody order in mind. Not following your parenting time schedule can land you in serious legal trouble in some situations. For example, if you...

Turning on the news each day recently brings up a story about another county or city in the United States going into quarantine due to the spread of COVID-19, also called the novel coronavirus. While ...

At Jorgensen, Brownell & Pepin, P.C., the health and safety of our employees and our clients is a top priority. We are diligently monitoring the Coronavirus and closely watching official information f...

Litigation is a time-consuming process – it can take months or even years before getting to trial. There are a number of different kinds of cases that are expedited in Colorado, including evictions, s...

Your loved one has passed away, and you were named as the Personal Representative (“PR”) in their Will; but what does this mean? As the PR, you will be responsible for figuring out what assets are in ...

In Colorado, the person appointed by the court to administer an estate is known as a personal representative. The personal representative’s purpose is to fulfil the wishes of a decedent regarding the ...

The right of contribution exists when a party pays more than its share of a common liability. C.R.S. § 13-50.5-102(2). While a settlement agreement generally resolves all claims between the parties to...

JBP Celebrates 30 Years of Business Founding shareholder, Gerald Jorgensen started Jorgensen, Brownell & Pepin, P.C., in 1989. JBP has continued to grow with the state of Colorado; now including thre...

Calculating Child Support for Your Divorce The equation for calculating child support was created by the Legislature to ensure that children raised in separate homes are provided for in a similar man...

The New 1040-SR: An Income Tax Return Designed Specifically for Seniors With the ease of filing one’s taxes online through e-filing services or through a tax professional, it is not often that one se...

With America’s growing elderly population, the prevalence of elder abuse has become astonishingly high. Elder abuse comes in many forms, such as physical abuse, emotional abuse, sexual abuse, or negle...

Why the One-Year New House Warranty is a Wolf in Sheep’s Clothing Residential construction project contracts typically have a one-year limited warranty. But, your warranty is statutory and is two yea...

When we age, it becomes difficult to look after our own financial best interests. That’s why the government recognizes the practice of conservatorships or appointing a responsible adult to manage pers...

Kids aren’t the only ones who need to be ready for the upcoming school year—parents have plenty they need to prepare for as well. In our recent episode of Legal Ease with JBP, a helpful legal podcast,...

With amazing scientific advances like in vitro fertilization (IVF), people who were previously unable to have biological children can now experience a more traditional parenting experience. Unfortunat...

An Advance Directive lets you communicate your health care wishes to your family members and health care providers, even when you are no longer able to do so on your own. There are two common types of...

Liens enable creditors to encumber a debtor’s property and initiate foreclosure. When pursuing a lien, creditors need to worry about priority – how your lien ranks against other liens. Homeowners Asso...

With technology gaining a more and more prominent role in our everyday lives, new challenges arise when individuals pass on and leave behind intangible digital assets. So what is the best way to prepa...

Title insurance has become standardized in modern real estate transactions, and for good reason. Prior to title insurance, purchasers bore the risk of obtaining a clear title through employing conveya...

The latest edition of our podcast, “Legal Ease with JBP” is here! In this episode, we discussed construction defects in relation to a case involving Brad Pitt’s “Make it Right” foundation. The organiz...

As you begin to age, it is important to consider the ways in which you may be able to obtain assistance from the state for long-term medical care. Long-term care Medicaid provides nursing home or assi...

Want answers to all your burning legal questions? Just tune into our new bi-monthly podcast “Legal Ease with JBP” to learn about interesting current cases, the legal process, and of course, all things...

Is your personal injury settlement subject to distribution by the court upon your divorce? That depends on whether the court deems the personal injury settlement as marital property or separate proper...

Deciding how to leave behind your financial legacy can be complex and confusing, as there are many different ways to distribute assets after an individual has passed on. Two of the most commonly used ...

In Colorado, Long-term Care Medicaid allows some of the Medicaid applicant’s resources to be exempt including applicant’s home, household property, one vehicle and a pre-paid burial plan. This will pr...

Seek Advice Before Choosing to Repair Defective Construction If your property was subject to faulty construction work do not be too quick to repair the defects. This caution is advised because you ma...

Our legal team at Jorgensen, Brownell & Pepin, P.C. would like to announce that we have been named a BizWest fastest-growing company. On Wednesday, May 15, we are being honored at the 2019 Boulder Val...

Jorgensen, Brownell & Pepin, P.C. is launching a podcast, Legal Ease, to address your most pressing legal concerns. Andrea Rau, our very own Client Care Coordinator, will serve as co-host alongside Ma...

Many people assume that when they pass away their assets will automatically be distributed to their children our spouse, but this is not always the case. First, it is important to know the difference ...

With the rise of online real estate databases like Zillow and Redfin, it has become increasingly easier for the average homeowner to post their home for sale without the help of a real estate broker. ...

Employers include non-compete clauses in employment contracts with startling regularity. However, Colorado only allows for the enforcement of such clauses in exceedingly limited circumstances, and eve...

Jorgensen, Brownell & Pepin, P.C. is proud announce that Attorney Matthew Athey has been selected as a 2019 Colorado Super Lawyers® Rising Star attorney! What is the Super Lawyers selection process? S...

Ensuring compliance with unemployment insurance and tax withholding rules is an important part of operating a construction company. Many companies are drawn to the allure of identifying individuals as...

Colorado real estate brokers have the unique ability to practice law. Yes, you read that right. Under some circumstances, the execution of legal documents, such as a contract to buy and sell real esta...

In 2016, the Supreme Court ruled that same sex marriage was legal. This provided the opportunity for same sex couples in all states to marry. The Supreme Court decisions was a huge victory for the LGB...

Winter is in full swing here in Colorado. The Front Range averages between 10 and 15 inches of snowfall per month between November and April. With that comes the increased risk of slip and fall accide...

Generally, there are three factors that determine whether “international estate planning” is needed: foreign located deceased, foreign located beneficiaries, and foreign located assets. This is not al...

The hope of a probate proceeding is that the individual appointed as the Personal Representative will act in a professional manner to distribute assets pursuant to the will of the deceased. However, o...

On April 26, 2018 Colorado became the 33rd state to enact the Uniform Trust Code. The law will become effective on January 1, 2019. Previously, the law governing the administration of trusts in Colora...

The weather in Colorado is known for storms and other climate catastrophes that can cause substantial damage to the roof of your home or business. It is important for property owners to be aware of fr...

Attorney Matthew Crowther of Jorgensen, Brownell & Pepin, P.C. in Longmont is a legal professional dedicated to securing valuable awards, settlements, and verdicts for personal injury clients and civi...

In Colorado, when someone passes away (the decedent), if they leave any real property behind, this must be transferred through probate. Generally, the decedent will designate someone in their will to ...

Being pulled over by a police officer for suspicion of driving under the influence (DUI) can be an alarming experience. However, being armed with knowledge in advance can be helpful in ensuring your r...

While divorce means the end of a marriage, it is not the end of parenting responsibilities and the concerns you may have for your children and their futures. While the immediate milestones are most li...

Anyone who has worked in the restaurant industry knows it is common practice among restaurants and other hospitality businesses to participate in tip-pooling. The act of tip pooling describes a proced...

Unregistered Brokers Generated Millions by Unlawfully Selling Woodbridge Securities On August 20, 2018, the Securities and Exchange Commission (SEC) charged 5 people and 4 companies associated with t...

Mediation is an alternative dispute resolution process for resolving conflict and coming to an agreement in a divorce where decision-making remains with the parties. A neutral mediator assists the two...

Whereas decades ago traditional sources of capital, such as bank loans, may have been the only option for growing your business, the explosion in popularity of craft breweries and distilleries, couple...

Divorces divide all assets and debt accrued or incurred during the marriage. However, some assets or debts may not be considered marital and therefore not be divided. Determining whether an asset or d...

As summer nears and the weather clears up, motorcyclists will take to the road in numbers, cruising the streets and highways of Colorado. Unfortunately, according to the Motorcycle Safety Foundation, ...

As a cyclist, you are at a much higher risk of severe injuries and death than drivers. The roads are supposed to be shared peacefully, but bicycle accidents happen anyways. While you can’t always pred...

Most personal or “consumer debt” bankruptcies are either Chapter 7 or Chapter 13 cases. In rare instances, an individual with considerable unsecured debt will be required to file a Chapter 11 case. Wh...

Spoliation of evidence is a seemingly obscure subject that can greatly impact businesses and people alike. The term pertains to the legal impact of destroying evidence that is relevant to a lawsuit. ...

If you’ve received a notice of foreclosure, filing for bankruptcy may give you the best chance at keeping your home or slowing down the foreclosure proceedings to get current on your home. Here’s what...

After a motor vehicle accident, insurance companies for both drivers try and sort out liability, hinging on the vehicle’s damage, eyewitness testimony, video and photographs, and medical records. You ...

The State of Colorado enacted the Colorado Consumer Protection Act to provide remedies against merchants, salespersons, repairmen, and others who employ deceptive trade practices to take advantage of,...

Whether you are a homeowner, a general contractor, or a handyman, every construction project presents unique challenges. These challenges can include everything from client management to negotiation o...

There are many reasons corporate dissolution may be the best choice. Perhaps the corporation’s purpose has been completed, there are cash flow problems, or there are insurmountable disagreements betwe...

When the sun reaches a certain point on the horizon, it can seem blinding. This increases the risk of an accident because drivers can’t focus on the road as well, and they may fail to see pedestrians,...

Nesting refers to a transitional arrangement where divorcing or separating parents continue to share the family home and take turns living in the home with their children. This arrangement is uniquely...

After a car crash, it is important to seek medical attention right away if you have been seriously injured. If you feel pain, dizziness, nausea, or other symptoms, you should wait for emergency medica...

The international estate planning process is designed to protect property and assets that may be under different tax and succession laws of various countries. If you own property in multiple countries...

Business dissolution can be a complicated process. However, it is necessary if you want to avoid legal hassle down the road from improperly dissolving your business. In the state of Colorado, there ar...

With the average monthly cost of Colorado assisted living facilities hovering just under $5,000.00, many aging individuals grow concerned over their future need for long-term care and how their income...

A primary consideration when starting a new business, including a new brewery, distillery, etc., is what type of legal entity should you establish? LLC? Corporation? There are several different entity...

Conventional thinking might lead one to think starting a new brewery involves substantial investment in real estate and brewing equipment, as well as licensure, and that all breweries follow the same ...

As a parent, the health and safety of your child is most important, but there is always the risk that something will go wrong when they’re under the care of someone else. The negligence of another per...

As an adult, you are probably accustomed to traveling whenever you want, however, if you share custody of a child, going out of state can be a little more tricky. Depending on your child custody plan,...

A new school year can mean an entirely different schedule and more extra-curricular activities for your child, but what does it mean for your existing child custody plan? Working with your child’s oth...

Other than a house, most people’s largest asset is a retirement account, such as a traditional IRA or employer 401K plans and similar variations (403(b) plans for employees of certain tax-exempt organ...

Divorce is never the goal, but sometimes it is inevitable. Lack of communication, money issues and infidelity can lead to separation, but what’s the first step you need to take to begin your divorce? ...

As temperatures rise in the summer, many Americans will shed their jackets and jeans for swim trunks and bikinis to enjoy the cool waters of their swimming pools. Barbecues and holidays will bring in ...

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, ...

Summertime is a time for fireworks, barbecues, family and celebration, but it can also be an unsafe time of the year. As you gather with loved ones, it’s important to know about the preventable accide...

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...

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, hid...

Despite their unromantic reputation, prenuptial agreements are a necessity in today’s world. As you embark on your journey of starting a new life with someone, the last thing you want to think about i...

Court orders are to be taken incredibly seriously, which is why it is a serious issue if your ex violates the existing custody order. This happens most commonly if your child’s other parent fails to d...

Alimony, otherwise known as spousal maintenance in Colorado, can either be short-term, long-term, or permanent. These payments are made periodically, on a monthly or bi-weekly basis, for the specified...

If a restraining order was issued against you in Colorado, you are able to have this order modified or entirely dismissed, depending on the circumstances of your case. It is important for those who ha...

When a parent removes a child from the U.S, what recourse does the remaining parent have? As our world continues to grow smaller and more interconnected, marriages involving dual citizens are increas...

If you’ve been injured in an accident, the amount of damages potentially available to you is a relevant consideration when deciding if you should pursue a lawsuit. Many personal injury cases feature a...

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 sta...

Providing a will is one of the easiest ways to guide your family and lighten their load after you’re gone. By designating who receives each aspect of your estate, you can make the process easier for y...

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...

We hear the stories all the time – a person is bullied or harassed repeatedly online, and no one hears about it or acts until it is too late. With the prevalence of social media in our everyday lives,...

At age 65 you are eligible to apply for Medicare, the federal health insurance program. While most would-be Medicare participants sign up as soon as they qualify, others may want to weigh their option...

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...

After holding down nearly consistent rates for 4 years, the Centers for Medicare & Medicaid Services raised the cost for Part A and Part B premiums and deductibles. The standard Medicare Part B premiu...

If a person realizes that they need help managing their finances, whether due to advancing age, disability, or a combination of these factors, the person may decide to add another person on one or mor...

Installment Land Contracts are an important financing tool in the real estate industry. Often called Land Contracts, Contracts for Deed, or sometimes presented as a Lease with Option to Purchase, thes...

If you have joined the ranks of Colorado’s many homebrew hobbyists, you have probably reviewed the relevant regulations and are aware that there is a general prohibition against home-distilling spirit...

Through enactment of SB 197, the state legislature created a framework for expansion of retail liquor store locations as well as expansion of the number of grocery stores that can sell wine, beer, and...

If you are considering giving your home to your children, bear in mind these cost-effective options for passing on property. There are a few methods for transferring property; depending on your situat...

When planning for the future, tackling all of the paperwork and legal aspects can seem like a daunting task. According to a study cited on Forbes.com,less than half of Americans have prepared a will, ...

After your marriage ends, there are a lot of significant changes to adapt to, whether they are financial, physical, emotional, or social. Most divorcing couples are so focused on getting out of their ...

Financially, divorces are complicated. They can drain all you’ve worked hard for, leaving you in a much worse situation than ever before. This is why it is important you head into a divorce as prepare...

In an attempt to cut costs, nearly half of the states in the country are now embracing a managed care healthcare model in lieu of the previously preferred, state-run home health programs. While some e...

First up on the Republican agenda: repeal the Affordable Care Act (ACA), otherwise known as Obamacare. Throughout his campaign, President Donald Trump promised to do away with the ACA, but how will th...

Ride-share applications have become extremely popular in most cities across the United States. While the applications provide a convenient solution for transportation, the services also present unique...

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 cus...

The world of estate planning is full of myths and misinformation which if acted upon can drastically impact your future. If you have considered starting or updating your estate plan but were dissuaded...

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 a...

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 ...

Social media is everywhere these days, and people are constantly on their phones, texting, sharing photos on Instagram and Facebook, or sharing their opinions on Twitter. Many people use social media ...

There are many reasons for business relationship breakups. Sometimes it is due to retirement, and other times an owner wants to pursue other endeavors. Oftentimes, businesses are torn apart from confl...

After a loved one dies in an accident, naturally we want to believe that all of the circumstances behind it were wrongful. That our loved one died because someone else was reckless or careless, and th...

There is a common misconception that those arrested for a crime will automatically lead to a conviction. As Longmont criminal defense attorneys, we know that nothing is certain when facing the crimina...

Disputes between tenants and landlords often come to fruition at the conclusion of a lease. These disputes tend to revolve around the amount a landlord retains from a tenant’s security deposit. Fortun...

Our team at Jorgensen, Brownell & Pepin, P.C. is proud to announce that both Attorney Todd Brownell and Attorney Matthew Crowther have been selected to the Top Attorneys of North America 2017 edition....

In the last blog we discussed child support and how it is calculated. The basis of all calculations is the gross income of both parties. Income is defined as the actual gross income (the pre-tax, and ...

Our team of Longmont lawyers at Jorgensen, Brownell & Pepin, P.C. are happy to share that Attorney Matthew Crowther has received an award from The National Trial Lawyers: Top 40 Under 40. This profess...

At Jorgensen, Brownell, & Pepin, we believe the role of a lawyer is to help people solve problems. Unfortunately, in many cases, our clients seek advice after experiencing a significant loss. Whether ...

It’s common for family members or investment partners to come upon times where they can’t agree upon proper use or management of real property. In situations where there is no possibility for a resolu...

In Colorado, child support is calculated based on the parties combined income and the legislature’s determination of what income would be if the parties were together. This calculation is done using a...

Our team of Colorado lawyers at Jorgensen Brownell & Pepin P.C. is excited to announce that Attorney Gerald L. Jorgensen has earned inclusion into the Top Attorneys of North America 2016 edition of Th...

Mediation is part and parcel of family law. It is required in almost every divorce or custody case, and many jurisdictions are now ordering mediation in domestic relations cases before a hearing for f...

Many Coloradans enjoy a ride along a scenic highway. Of course, with the adventure comes the risks of the road. In order to stay safe, it is important to understand a few traffic and safety laws that ...

In order to challenge a Last Will based on undue influence, the person making the challenge must prove the following: That another person used words or conduct, or both, which, at the time of the mak...

Purchasing a home is a very important investment that requires careful consideration. In fact, the Colorado Supreme Court has acknowledged that purchasing a home is one of the most important investmen...

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 prosecute...

Our team of Longmont lawyers at Jorgensen, Brownell & Pepin, P.C. would like to congratulate Anne B. Jorgensen on her selection for inclusion in the Top Attorneys of North America 2016 edition of The ...

The new school year is upon us, and it is time to get the kids ready to return to school. For families who co-parent, this may mean reverting to a “school schedule” for parenting time. This also means...

In Colorado, real estate brokers and attorneys use a standard contract to buy and sell real estate that has been approved by the Colorado Real Estate Commission. The standard contract requires that th...

When it comes to successful co-parenting and shared decision-making, communication between parents is key. Coordinating schedules and exchanging children isn’t always easy, especially if you and your ...

A good reputation is essential for your business to survive, but social networking and consumer review websites make it easy for disgruntled customers, former employees and even business competitors t...

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, parentin...

When the owner of real estate hires someone to perform construction on their real property or provide materials that will be used in the project, the individuals and businesses that provided the labor...

A car accident is something we all hope never to experience, but unfortunately, accidents happen all the time. It is therefore important to be prepared for this type of situation. Without a plan in pl...

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 cate...

When most people think of conflict in a guardianship and conservatorship situation, they think of conflict among the family members deciding who will be appointed guardian and conservator for an elder...

Colorado’s trust fund statute requires contractors or subcontractors who receive funds for a construction project to hold those funds in trust to pay any subcontractors or laborers who have provided l...

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 ord...

Homeowner’s insurance covers damage or loss to all types of homes. The purpose of homeowner’s insurance is to protect the owner against property damage to the insured property, as well as from lawsuit...

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 ...

Easements are a non-possessory right to use the land of another for a specific purpose. Easements do not give you a right to own the land, but simply to use the land for a specific purpose. The person...

In Colorado, eavesdropping is a criminal offense. C.R.S. 18-9-304 states: So, what does this really mean? It means that if you are visibly present and are a principal party to a conversation or dis...

Once a dissolution of marriage action has been filed, one of the first items due to the court is a Sworn Financial Statement (SFS) along with a number of financial disclosures that need to be provided...

Respondeat superior under the law means that an employer is liable for harm done by its employees. The theory behind respondeat superior is that employers have control over the actions of their employ...

The death of a loved one brings sadness, and we would like to think that we can turn to other family members for support. We would like to think that the person chosen to manage our loved one’s estate...

In divorce and custody, emotions run high and often one side turns against the other. But what happens when one parent turns their child against the other parent? Parental alienation. What exactly is...

Important Clauses in Your Construction Contract With spring and summer fast approaching, many property owners are gearing up to start their construction projects by getting bids and negotiating terms...

With the peak housing season just a few months away, now is a good time to consider some important tips when buying and selling a house. As a home seller, it is crucial that you take the Seller’s Pro...

Should You Plan? When most people think of “Medicaid planning” they immediately think of asset protection. When most people think of “asset protection” they then think of giving away money to qualify...

If you receive financial assistance for medical treatment through Medicaid and are injured by a third party, then the State Department has a subrogation right to also be compensated from the recovery ...

For many people, their largest asset aside from their home is their retirement account, whether an Individual Retirement Account (IRA) or a 401K. For people who have diligently made contributions, the...

Introduction to Small Claims Most victims of theft or fraud are ripped off by less than a thousand dollars. Sometimes people are accused of stealing or breaching a contract, when in reality it is a s...

Useful Information About Slip and Fall Accidents in the Winter Months As we enter the New Year, winter is in full swing here in Colorado. The Front Range averages between 10 and 15 inches of snowfall...

The Colorado legislature has spelled out step-by-step how to approach construction defect claims against contractors in the Construction Defect Action Reform Act, C.R.S. §13-20-801 (CDARA). For exampl...