Consequences high for unpaid property taxes Although most of the attention given to taxes these days has to do with income
taxes, this is also the time of year when property taxes are supposed to be
paid. Here in Colorado, property taxes accrue during the current year, and then
come due in the following year. So, 2006 taxes are now up for payment in 2007. |
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Make sure two witnesses sign will to avoid estate quarrels The last thing anyone leaving this world should want as a legacy is a will
contest. Will contests fracture families.They also cause a good part of the estate to end up in the hands of members
of the legal profession, which is not the plan of distribution that most decedents
had in mind. |
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Motor vehicle dealers must follow rules of honest advertising As you have no doubt noticed, there has been a deluge of advertising for cars
and trucks in recent weeks. Although these ads may have convinced you that dealers can use any trick in
the book to draw customers to their showrooms, lots, tents, etc., in fact there
are multiple legal rules in place intended to rein in the enthusiasm of motor-vehicle-ad
writers. |
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Mold case files: Science can be key to 'evidence' Going back a few years, the hot new ticket to wealth through litigation was
"toxic mold." Lawyers and their clients were able to convince judges, juries and insurance
adjusters that mold found in homes and buildings was ruining their health and
their lives, and somebody, by golly, was legally responsible for this and should
have to pay compensation as a consequence. |
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E-transfers mean checks clear lickety-split Writing a check against insufficient funds is a bad thing. In the worst case, when it's done intentionally, there can be a criminal prosecution. For an inadvertent act, the result is likely to be less dramatic, but still
painful - a major unplanned expense. Your bank will take the first shot
at you, debiting your account for a returned-check fee. |
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Will must properly address couple's simultaneous death One delicate issue that people doing their estate planning need to deal with
carefully relates to simultaneous or near-simultaneous death. By way of example, let's assume husband and wife - we'll call them Bob and
Alice - each have children from prior marriages and no children together. In
his will, Bob says that half his estate should go to Alice if she survives him,
and half should go to his children. |
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Take advantage of credit card disclosure rule - read fine print For nearly four decades, the credit card industry has been regulated by the
federal Truth In Lending Act. And, as credit card products have become more
complex, this law has become more complex as well. |
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Regulation should give you more protection from ID thieves It may give you modest comfort to know that the agencies in charge of the
financial-services industry are busy writing a joint regulation intended to
further combat identity theft. |
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Additional insurance protects against underinsured motorists A couple of recent Colorado Court of Appeals cases reminded me of the importance
of uninsured/underinsured-motorist insurance. But before I tell you about those
cases, here's a quick description of what this insurance is all about. |
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Unhappy clients have right to sue lawyers for false advertising Thanks to a recent Colorado Supreme Court decision, clients unhappy with their
lawyer may have a powerful new tool by which to express their displeasure -
a lawsuit for false advertising under the Colorado Consumer Protection Act. |
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Nonprobate transfers offer alternative way to distribute assets When you sign a will, what you're doing is giving a legally enforceable instruction
for the disposition of your assets at death. But, the disposition of assets at death also can be controlled by what sometimes
are called nonprobate transfers. |
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Specialized courts aren't supposed to exist but are plentiful An interesting subject (at least to lawyers) is specialized courts. As a general
rule, courts are not specialized. They handle everything from murder prosecutions
to traffic accidents, divorces to adoptions, contract disputes to dog bites. There are, however, many specialized courts around. |
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Colorado will require registration, bonding of mortgage brokers After several years of thinking about it, the Colorado General Assembly has
finally decided to regulate mortgage brokers. With the passage of House Bill
06-1161, Alaska - the last frontier - will be the only state that does not provide
such regulation. The bill - which creates the Mortgage Broker Registration Act - came into
being through an interesting legislative process known as a "sunrise review." |
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Act protects consumers in electronic funds-transfer disputes I thought it was time to revisit an important federal law known as the Electronic
Funds Transfer Act. The EFTA has been on the books nearly 30 years. And, although the EFTA has
had a couple of makeovers, it has served remarkably well in providing consumers
with various protections associated with electronic funds transfers in and out
of deposit accounts. |
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'Positive pay' thwarts check fraud through shared information Although we continue to inch our way toward the checkless society, the banking
system in this country still processes more than 35 billion checks a year. And,
criminals who prefer to avoid the inconvenience and risk of injury associated
with traditional bank robbery continue to use checks as a means by which to
steal money. |
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Writ of garnishment a key tool to ensure judgment is carried out As lawyers know, it’s often easier to obtain a judgment — an order
of the court saying money is owed — than it is to collect it. That’s
in part because, after the unfortunate demise of debtor’s prison, the
collection tools available to judgment creditors tend to be cumbersome. |
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Compromises abound at nexus of medical privacy, credit laws A hot issue in consumer law these days is medical information privacy. Dozens
of laws now restrict access to and the use of personal medical information. This is all well and good — except that medical information is necessary
for the conduct of a range of beneficial activities. |
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Scrutinize contingent fee contract with lawyer A contingent fee is determined by the results produced by the attorney. Contingent
fees are prohibited in criminal cases and divorces, and must be fair and reasonable. |
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Little-noticed House bills produce laws on telemarketing, faxes The Colorado General Assembly, in addition to dealing with issues of extreme
and acute importance (such as, say, the state running out of money), must also
debate and make decisions about a long list of lesser matters. |
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State Senate (Sausage Factory B) OKs lesser-known changes As noted in last week’s column, the Colorado General Assembly doesn’t
always deal with matters of monumental consequence. It also must deliberate and decide issues of lesser import. |
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