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Timothy Canty

Timothy Canty

  • Bankruptcy, Probate, Real Estate Law ...
  • Colorado
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Licensed in all Colorado and Federal courts
Locations in Evergreen and Lakewood or I will meet you somewhere convenient. Always a free consultation.

(303) 670-2185

Lewis & Clark Law School
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University of Colorado - Denver
B.A. (1976)
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Jurisdictions Admitted to Practice
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Federal Circuit
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US Tax Court
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  • Free Consultation
    I will quote you a flat fee whenever possible
Practice Areas
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Probate Administration, Probate Litigation, Will Contests
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Tax Law
    Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
Legal Answers
Q. We made a few mistakes on our taxes a few years in a row we didn't have all of our w2s so we guessed as as we could.
A: Your penalties may be dischargeable in a Chapter 13 bankruptcy depending on how old they are, whether you filed the returns on time and whether a tax lien was recorded. Other factors need to be considered (e.g. your income, assets, other debt, etc.) Check with an experienced bankruptcy lawyer as more facts are needed.
Q. How do I find out if my brother's estate went through probate in Alabama and if property we owned jointly was included?
A: Check ownership of the Colorado property with the county assessor. If it was held as tenants in common, his share passes to your brother's estate and whatever arrangements he made. If it is held as joint tenants with right of survivorship, his interest expired upon his death and the remaining tenants own all of it. In the latter case, you should record a certified copy of his death certificate. You will need to check with his county of residence when he died to see if there was a probate estate opened.
Q. My parents are living in their own home and are both listed as owners. Do you recommend a trust? I am their son.
A: There many ways to do this including a trust. The simplest and cheapest way is to have them execute and record a beneficiary deed to their heirs. The heirs would have no present interest in the property, but upon the death of the last one, the home would pass to the heirs by operation of law and without any probate proceeding. Of course, probate may be necessary for other reasons. If they do nothing, the property will pass through the intestacy laws and will require filing a probate case.
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8427 S. Custer Lane
Evergreen, CO 80439
Telephone: (303) 670-2185