Stephen Birk Baumgartner

My name is Birk Baumgartner, and I am the principal at Baumgartner Law, LLC. I graduated from Southern Methodist University Dedman School of Law, and have been a litigator ever since. I am the fourth attorney in my family, but unlike my family members, I declined a job at a big law firm. Instead, I decided to dedicate my practice to a limited number of cases, with focused and individualized care and the freedom to take only those cases that I believe are just. I am dedicated to practicing law the old-fashioned way - through real personal relationships with my clients.

• Insurance Bad Faith
• Legal Malpractice
• Police Brutality/ Sec. 1983

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Colorado

Since 2014

10th Circuit

Since 2014

CEO

BAUMGARTNER LAW, LLC

2014 - Current

Southern Methodist University

J.D. (2014)

2011 - 2014

Rising Stars

Super Lawyers

2022

State Bar of Colorado  # 47829

Member

Current

Q. Verbal agreement on living arrangement after friend's death

April 11, 2025

A: This is a complex question. First, Colorado has what's called a "Dead Man's Statute" that limits testimony regarding a deceased's verbal agreements. However, if you have independent witnesses, you may be able to get around that.

Second, Colorado has a "Statute of Frauds" which limits enforceability of lease agreements over one year. The agreement to allow you to stay in the house "until it was sold" might violate this statute.

Third, you stated that the agreement was that you "could stay in his house until it was sold, after which I would receive money to help me get on my own." In order for an agreement to be enforceable, there has to be a "meeting of the minds" as to the "essential terms" of an agreement. Here, in my opinion, that would mean that you would have to have some agreement regarding the amount of money, the length of time the money would be paid, or what the mutual understanding of "receive money to help me get on my own" means.

Just so that you know, it ay be difficult to reatain lawyer for this because lawyers are paid - in most instances - either though an hourly fee retainer that has to be paid in advance (which I think might be more than you are seeking in your potential claim), or through a contingent fee, which is a percentage of what a lawyer recovers for you. The problem with the contingent fee option is that most lawyers won't take a case where there is no insurance money unless the claim is for $25-50K, especially when there are issues like those i identified above. That being said, if your witnesses are strong, credible witnesses, you might be able to find a good lawyer to help.

There are other issues here, but i hope this gives you a good start. If you have more questions, I'd be happy to talk.

**This should not be construed as forming a client-attorney relationship, or legal advise upon which you should rely. ... Read More

Q. My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

June 16, 2022

A: The other attorneys are correct. You need to file into the probate estate. Depending on when this occurred you may need to act immediately in order to preserve the estate. In other words, you need to act quickly before your sister spends any proceeds from the sale of the house.

Q. If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

June 2, 2022

A: The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as possible.