Rapp, Manzer & Minnerop, LLPGreeley Family Law Attorney |Rapp, Manzer & Minnerop, LLP| Criminal Defense2026-06-10T09:06:32Zhttps://www.northcolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503971/2024/02/cropped-RMM-site-icon-32x32.pngOn Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[How a criminal charge can affect your custody case in Colorado]]>https://www.northcolaw.com/?p=469812026-06-06T05:56:06Z2026-06-06T05:56:06ZWhen you face criminal charges in Colorado, your parenting rights may change quickly. Family courts act fast when a child's safety is at stake.
What Colorado law requires courts to consider
Colorado family courts base custody decisions on the child's best interests. The foundational statute is Colorado Revised Statutes (C.R.S.) § 14-10-124. It requires judges to review each parent's criminal history, domestic violence record and substance abuse patterns.A charge does not automatically end your parental rights. However, courts can impose restrictions before any verdict is reached.
Types of charges that raise concerns
Not every charge carries the same weight. Courts evaluate several factors when assessing risk to a child:
Violent offenses: Assault or any crime involving physical harm draws the most scrutiny.
Child abuse or neglect: Past allegations may affect custody even without a conviction.
Substance-related offenses: A recent DUI may signal instability, especially if a child was present.
Repeat behavior: A pattern of arrests may suggest ongoing risk to a child.
A single nonviolent conviction from years ago may carry less weight if you can show evidence of rehabilitation.
What can happen while charges are pending
Courts do not always wait for a conviction before acting. A judge may suspend or modify parenting time based on credible evidence of risk. A protection order in a domestic violence case may also bar you from contact with your children.If charges are later dismissed, the family court may still maintain restrictions. Courts conduct their own review of the evidence under the best interests standard.
How domestic violence is treated differently
Colorado law treats domestic violence as its own category. If a judge finds credible evidence of it, the court may presume that joint decision-making does not serve the child's best interest. The accused parent must then show they can make decisions safely.
You may speak with an attorney about your options
If criminal charges are affecting yourcustody case, acting early may help protect your parenting time. An attorney can help you understand how these rules apply to your situation. Speaking with a lawyer may also clarify what evidence could matter most in your hearing.]]>On Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[What happens if you die without a will in Colorado?]]>https://www.northcolaw.com/?p=469792026-03-09T10:42:30Z2026-03-09T10:42:30ZIf you die without a will in Colorado, state law decides who inherits your property. The outcome may differ from what you would have chosen for your family.
When someone dies without a will, they die intestate. Colorado’s intestate succession laws determine who qualifies as an heir and how the estate is divided.The court follows a strict order of priority under the Probate Code. Under C.R.S. § 15-11-102, a surviving spouse’s share depends on your family structure.
Surviving spouse
Your spouse’s share depends on whether you have children or living parents. Here’s what you should know:
No surviving parents or descendants: Your spouse inherits the entire estate.
All children shared with your spouse: Your spouse inherits the entire estate.
Children from another relationship: Your spouse receives a set dollar amount plus 50% of the remaining balance.
Surviving parents but no children: Your spouse receives a fixed amount plus a percentage of what remains.
Blended families often face added tension. A spouse may need to share the estate with children from a prior relationship. That division can create conflict and financial strain.
Children
If you do not have a surviving spouse, your children inherit in equal shares. Adopted children inherit the same as biological children. Stepchildren do not inherit unless legally adopted.If a child dies before you, that child’s descendants may inherit their share.
Parents, siblings and extended relatives
If you die without a surviving spouse or descendants, your estate may pass to your surviving parents. If no parent survives you, your siblings may have inheritance rights. In the absence of siblings, Colorado law permits distribution to more remote relatives in accordance with statutory priority. If no qualifying heirs can be identified, the estate may escheat to the State of Colorado.
What does not pass through intestate succession
Not all assets follow these rules. Some property transfers automatically:
Life insurance policies: Paid to the named beneficiary.
Retirement accounts: Distributed to designated beneficiaries.
Joint tenancy property: Passes to the surviving co-owner.
These assets transfer regardless of whether you had a will.
Speaking with an attorney
If you are managing an intestate estate or want to avoid this process, you may benefit from speaking with an attorney. An attorney can help you understand how these statutes may apply to your specific circumstances.]]>On Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[Irrevocable trusts can be part of a comprehensive estate plan]]>https://www.northcolaw.com/?p=469742025-12-08T20:30:31Z2025-12-08T20:30:31Zirrevocable trust is concerning to some people, but it comes with considerable benefits.
What are the benefits of an irrevocable trust?
When you create and fund an irrevocable trust, a trustee manages the assets within the trust. You no longer have control over those assets. In exchange for giving up control to the trustee, the assets in the trust may gain protection from your creditors. This can be a highly attractive option for some Coloradoans. For instance, this protection can be crucial for someone with a career that comes with a high risk of being sued. Shielding your assets in this way means that you can pass more of your wealth along to your loved ones.
However, these benefits depend on the type and timing of the trust, how it’s funded, and complex rules such as fraudulent-transfer laws and Medicaid lookback periods. Creditor protection is not necessarily automatic. Further, creditor protection usually applies only when you create an irrevocable trust for other beneficiaries, not for yourself.
Another benefit of irrevocable trusts is tax savings. Colorado does not impose a state estate tax, but reducing the size of your taxable estate can still help for federal estate-tax purposes for high-net-worth individuals.
Privacy is another benefit of irrevocable trusts. The terms of the trust aren’t part of the probate proceedings, so there’s no public record of who’s getting what. Your beneficiaries may also be able to receive their inheritance sooner.
Establishing trusts as part of your estate plan requires precise planning and execution. It may be beneficial to work with someone who can guide you through the decision-making process and help you get everything set up properly.]]>On Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[Who has a right to inherit as an heir when there is no will?]]>https://www.northcolaw.com/?p=469712025-09-10T13:22:11Z2025-09-10T13:22:11ZThe law identifies specific heirs
Technically, people who create their own estate plans have the authority to choose any beneficiaries they want. They can leave the vast majority of their property to a charitable cause or to a romantic partner whom they never married. However, if a person dies without an estate plan, then the law governs who inherits their property. Someone who dies without a will dies intestate, and state regulations carefully outline intestate succession rules.
Typically, surviving spouses have relatively strong rights in an intestate succession scenario. Surviving children may also be heirs with a right to inherit from the estate. Generally speaking, surviving spouses and surviving children must split the contents of an estate. Exactly how they divide the estate depends largely on whether the surviving spouse is also a parent of the surviving children.
In cases where a person has a surviving spouse but no surviving children or surviving children and no surviving spouse, their children or spouse may inherit the entirety of the estate. If an individual passes without a spouse or children to inherit from the estate, then intestate succession laws allow more distant family members rights as heirs.
Parents often inherit the property of their children who died without spouses or children of their own. Siblings and other family members may inherit property in cases where there are no immediate family members or surviving parents to inherit from the estate. Personal representatives administering intestate estates may need to learn about the law and ensure that they take appropriate steps to identify heirs.
Proper estate planning can prevent intestate succession scenarios. Without an estate plan, state law ultimately determines who inherits the contents of an intestate estate. Heirs are typically close family members, as opposed to friends and others without a legal or biological relationship to a testator.]]>On Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[Business asset division in complex divorces]]>https://www.northcolaw.com/?p=469702025-06-25T14:31:07Z2025-06-25T14:31:07ZDividing a family-owned or closely held business during divorce brings unique legal and emotional challenges. This is especially true in Greeley, where family and business ties often overlap. These businesses have financial and personal value because they’re closely tied to the community. That makes them harder to divide than typical property. Understanding the process and your options can help you protect your future and move forward with peace of mind.
What is a complex divorce?
A complex divorce involves more than just ending a marriage. It may include dividing a business, settling large debts, handling child custody, or splitting multiple properties. These cases often require professional advice, financial review, and strategic legal planning to reach a fair outcome.
What counts as a business asset?
A business asset can include ownership in an LLC (limited liability company), an S-Corp (a corporation with special tax status), or a partnership (a business with two or more owners). In Colorado, business interests gained during marriage are usually considered marital property. This means both spouses may have a right to share the business’s value. However, dividing a business is more complex than splitting a house or bank account. It requires careful evaluation of the company’s value and each spouse's role in its success. Knowing this helps you prepare for the potential complications ahead.
Complications of dividing a family business
When both spouses are involved in the business, they may disagree about who should run it or what should happen to it. If other family members or partners are part of the business, things can get even more complicated. These situations are often emotional and require a respectful, thoughtful approach.
How courts value business interests
Courts rely on expert business appraisers to determine a company’s value. These experts look at financial records, assets, debts, and expected future earnings. If the spouses don’t agree on the value, the process may take longer and lead to more disputes.
Options for splitting ownership
When dividing business assets during a divorce, there is no universal solution. Each case requires a customized approach. There are several ways to divide business assets in a complex divorce:
Buying out the other spouse: Paying your former partner to keep full ownership of the business
Selling the business: Divesting the business and splitting the proceeds
Continuing co-ownership: Sharing ownership and management responsibilities
Using a buy-sell agreement: Establishing clear terms for ownership transfer and valuation to prevent disputes
Choosing the right option depends on your specific situation. Careful consideration can lead to a solution that safeguards your business and secures your long-term success.
Why legal advice is important
Dividing business assets is rarely simple. An experienced divorce attorney can help with business valuation, negotiations, and planning. Lawyers often collaborate with financial experts to ensure your interests are fully represented. Legal support provides insight into a complex process and helps safeguard your financial future.]]>On Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[First steps to take to build your case for maintenance]]>https://www.northcolaw.com/?p=469692025-03-21T21:18:18Z2025-03-19T21:14:24Zspousal maintenance, sometimes referred to as spousal support or alimony.
But you can’t just claim you need alimony and expect to be handed the money you’ve requested. Instead, you’ll have to demonstrate, whether through negotiations or litigation, that you’re entitled to spousal support as a matter of law. You do this by presenting evidence that speaks to the statutory considerations that are relevant in an alimony case, including length of marriage, each spouse’s earnings capacity and any sacrifices that were made during marriage.
If you’re thinking about pursing alimony, then you’re probably wondering what steps you can take to better position yourself for success. Merely considering this gets you off on the right foot, but there are other actions that can advance your position and maximize your chances of recovering what you’re owed. These include:
Creating a budget: To recover spousal support, you’ll have to demonstrate that you need alimony to become self-sufficient. Creating a budget can help you show how strained your finances will be once your divorce is finalized, thereby giving your spouse and the court an idea of what sort of support is needed to stabilize you. Just be realistic here so that you aren’t attacked for inflating expenses or minimizing your income.
Looking for a job: If it’s possible for you to look for a job, you should do so. This will help you articulate how you lack the education, experience or skills necessary to obtain meaningful work. Again, this helps you demonstrate that you need financial support until you can better position yourself to enter the workforce.
Gathering documentation that shows your marital lifestyle: While alimony is aimed at providing you with support until you can become self-sufficient, it’s also aimed at providing you with as close to the marital lifestyle as possible. So, if you can show the types of vacations you took, the car that you drove, the shopping you did and the frequency with which you ate at restaurants, then you’ll be in a better position to prove the marital lifestyle that you enjoyed.
Identifying witnesses: You might hope that your spouse and the court will take you at your word when it comes to what you need for financial support, they probably aren’t going to be as understanding of your position as you’d like. Therefore, it’s a good idea to think about witnesses who can testify as to the sacrifices that you made during your marriage and what sort of life you lived during your marriage.
Build a strong and aggressive case for alimony
Spousal support can be a lifeline in your time of need as you focus on establishing your post-divorce life. But there’s a chance that you’re going to have to fight for it. Don’t let the thought of contentiousness scare you, though. There are divorce legal strategies that can be utilized to protect your interests while shielding you from a lot of the stress associated with the situation. If you want to learn more about the legal avenues that are available to you, then continue reading up on alimony and what it takes to build a compelling case.]]>On Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[What you need to know about Colorado’s probate process]]>https://www.northcolaw.com/?p=469682024-12-23T17:19:22Z2024-12-23T17:19:22ZWhat is probate?
Probate is a legal process designed to identify and distribute your loved one’s assets and pay off their remaining debts. The purpose of probate is to legally transfer the title of assets to beneficiaries or heirs and manage any disputes over title.
The first step in the probate process is preparing and filing a petition for probate. This officially starts the probate process.
You must have certain information ready to include in the probate petition. This includes a list of your loved one’s assets and their values, a list of their debts and the names of heirs and beneficiaries.
The administrator or executor
The next step is appointing an administrator or an executor. If your loved one had a will, the administrator or executor would be named in the will. If they did not have a will, the court will appoint an executor. It usually takes a few weeks to a month to file the petition and appoint the administrator or the executor.
Next, notice to the heirs and creditors is given. This is done by the administrator or the executor. The purpose of the notification is to give them a chance to contest the will or file claims against the estate if they are owed money. This usually takes three to four months. Creditors are usually given a specific deadline to file any claims.
Debts and taxes must be paid before any assets can be distributed. This could take a few months to complete, as well, or longer if there are any disputes.
The final step is distributing the assets and closing out the estate. The time this takes varies depending on the number and size of assets and if there are any disputes over who receives the asset.
How long does the total process last?
There are many factors that influence how long the total time required to probate an estate. The general time in Colorado is between 9 months to two years. However, an estate can be probated within six months if deadlines are followed and there are little to no disputes.
If you are serving as an administrator or executor, good organization and communication skills often make the process more efficient. Keep creditors, beneficiaries and heirs involved in the process and up to date. Make sure they know their deadlines.
Keep all legal and financial paperwork organized and in a safe place. The probate process may still seem overwhelming, but preparation and patience go a long way. Remember the goal is to carry out your loved one’s wishes.]]>On Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[How to protect your financial positioning during divorce]]>https://www.northcolaw.com/?p=469662024-09-15T01:02:21Z2024-09-13T15:01:25ZDivorce strategies that protect your post-dissolution finances
It’s easy to feel like your divorce is spiraling out of control. But you can steer the direction of your outcome by being adequately prepared and zealously advocating for the outcome you want. Here are some steps you can take now to better ensure that your post-divorce finances are protected as fully as possible:
Create a post-divorce budget: Uncertainty can be incredibly stressful during the divorce process, especially when it’s related to your finances. But you can eliminate some of the uncertainty by creating a post-divorce budget. This will give you a clear picture of what your finances will look like once your divorce is finalized, helping you identify where you need to cut costs, try to increase your income and secure more of the marital estate or obtain spousal support. Be realistic when you create your budget, though, so that you know what you need to advocate for during your divorce.
Develop an emergency fund: Unexpected issues can come up during divorce or shortly thereafter. If you don’t have an emergency fund built up, then you could be left in a dire financial predicament. So, start tucking some of your money away now. It’s best to tell your spouse of your intent to do so, though, so that you’re not later accused of trying to hide marital assets.
Open your own bank account: You’ll need some independence as you head into your divorce. One way to secure that is to open your own bank account. This will allow you to put your own money away but avoid withdrawing money from a jointly held account until you can discuss the matter with your attorney. Again, you don’t want to be accused of financial wrongdoing in your divorce case.
Know your goals: Although you’ll have immediate financial needs once your divorce is finalized, you can’t overlook your long-term financial goals. Once you pin those goals down, you’ll have a better idea of what you need out of your divorce to put you on the right trajectory to reach those goals. This can be especially true when considering retirement assets.
Ready yourself for your post-divorce life
Your life is bound to significantly change once your divorce is finalized. What that life looks like is up to you. Although there may be certain aspects of your marriage dissolution that are outside of your control, there’s also a lot that you can do to effectively maneuver the legal issues at hand to secure the outcome that you want. So, if you’re on the brink of divorce, then now is the time to start developing your strategy. Hopefully then you can rest easy knowing that you’ve done everything possible to protect your interests.]]>On Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[How can I argue to win my child custody case?]]>https://www.northcolaw.com/?p=469652024-06-12T11:31:05Z2024-06-21T11:30:18ZArguments that could address your child’s best interests in your custody case
The best interests standard in all encompassing. Although statute identifies some factors that will be taken into consideration, the courts are generally free to assess any evidence that they feel is relevant to their determination. So, as you prepare to head into your custody dispute, you should determine whether you can use any of the following evidence to support your legal arguments:
Parental substance abuse: If your child is exposed to parental substance abuse, then they’re at an increased risk of being abused or neglected. They might also develop emotional and psychological issues, such as anxiety, depression, shame, and guilt. They also might socially isolate from their peers.
Domestic violence: Household violence can pose a significant threat to your child’s well-being. Your child can end up getting hurt when they try to intervene in instances of domestic violence, and they live their life in fear because of what’s going on at home. The trauma experienced by what they’ve witnessed can last a lifetime, too.
Untreated mental health issues: If your child’s other parent has untreated mental health issues, then they may not be in a proper state to care for your child. If this is something that you’re going to argue, then you’ll want to be able to show how the untreated mental health condition negatively impacts your child.
The other parent’s willingness to foster a relationship: Unless there are safety issues, the court is going to find a custody arrangement that allows the child to build and maintain a relationship with each parent. If your child’s other parent is unwilling to foster your relationship with the child, then you might be in a strong position to argue that they shouldn’t have sole physical custody.
Your child’s needs and opportunities: Your child has basic needs that must be met, but they also need educational and extracurricular opportunities. Can you provide for those better than the other parent? Can you and the other parent equally provide them? The answers to these questions can speak to what kind of custody arrangement protects your child’s best interests.
Advocate for a custody arrangement that’s right for your child
Remember, the best interests determination is all-encompassing. So, the factors mentioned above are only some of the areas where you might have room to argue. Therefore, if you’re headed for a child custody dispute, then you should fully consider the circumstances at hand and what evidence you need to appropriately advocate for your child’s well-being.
]]>On Behalf of Rapp, Manzer & Minnerop, LLP<![CDATA[Parents should be prepared for relocation disputes]]>https://www.northcolaw.com/?p=469362024-03-19T14:26:58Z2024-03-19T14:26:58Zhow the law handles these issues from both perspectives to try and reach an acceptable outcome. A key is to ensure the child is not caught in the middle and their development is not hindered as the sides seek viable solutions.
Fundamental facts about parental relocation
Before a parent can relocate with a child, the court must modify an existing parenting time order. Of course, the sides can simply agree to the modification and allow the custodial parent to relocate. In some instances, this is possible. Perhaps the parties are on amicable terms and there are workable options so the noncustodial parent has sufficient time with the child under a new parenting time template.
An example could be an extended period in which the child stays with the noncustodial parent during summer vacation when the parenting time was split differently under the original order.
However, there are many cases in which the other parent objects to the move. If the relocation will substantially alter the noncustodial parent’s ability to see the child as they did before, a hearing will be necessary. In deciding these cases, the court looks at various factors.
In these cases, the court wants to know why the move is being made. A custodial parent might have a job offer in the new location; they could have family they want to be close to; or they can be moving because they want to pursue a new relationship.
At the same time, the other parent needs to show why they are against the relocation. It could deny them reasonable parenting time or they could be fearful as to the child’s safety.
The court assesses each parent’s relationship with the child and how the previous parenting time order was working. It also considers whether the parents can work together to help the child’s development.
Other factors include the child’s educational opportunities; if there is extended family in the new location; if the child will benefit by remaining with the custodial parent; if there are options to reasonably change the parenting time order to suit the new circumstances; and how to ensure the child’s best interests are served.
Relocation and parenting time can be handled with qualified guidance
Any child custody and parenting time issue can be difficult areas of family law. This is particularly true when the custodial parent is relocating and the noncustodial parent is afraid that their time with the child can be limited.
Before letting emotions lead to hard feelings, it is important to be aware of the available solutions. As the case moves forward, the parents should be prepared to try and find a reasonable outcome, most importantly to avoid an upheaval for the child.]]>