Tristan Kenyon Schultz

Tristan Kenyon Schultz

IN TOTO Legal Services
  • Tax Law, Divorce, Family Law...
  • Colorado
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Summary

IN TOTO Legal Services: IN TOTO Legal Services is designed to be an efficient and client-centered law firm. IN TOTO provides reasonably priced, high quality legal advice that is tailored to meet your needs. We maintain continuous updates with your legal needs and quickly reply to your communications. Other benefits include a free initial consultation and ability to travel to your home, office or other meeting place at no additional cost. Biography: Tristan graduated Summa Cum Laude from Colorado State University in 2003. He received his legal training at the University of Washington in Seattle and was awarded a Juris Doctorate and a concurrent degree in Intellectual Property Law in 2007. He was also named the Intellectual Property Fellow from 2006-2007. Following his graduation from law school, Tristan received a post-doctorate degree (Master of Legal Letters) in Taxation from the University of Denver in 2008. Tristan worked for the University of Washington dividing his work between providing legal advice to faculty and staff and assisting in the developments of startups originating from the University. While at Washington, he drafted agreements between the outside parties and the University on matters related to employment, intellectual property assignments, joint ventures, and international law. Following his graduation from the University of Denver, Tristan was general legal counsel at Property Renovation and Management. There he provided tax advice and handled real estate transactions and valuations.

Practice Areas
  • Tax Law
  • Divorce
  • Family Law
  • Insurance Claims
  • Business Law
  • Intellectual Property
  • Workers' Compensation
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Colorado
10th Circuit
Tax Court
Languages
  • English: Spoken, Written
  • Japanese: Written
Professional Experience
Attorney
IN TOTO Legal Services
- Current
Staff attorney providing legal services in Northern Colorado
In House Counsel managing property acquisitions and site management
Property Renovation and Management
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Negotiated purchase and service agreements; drafted and reviewed property valuations; supervised and worked with subcontractors; and handled all in-house finance and legal matters.
Technology Associate
Center for Commercialization, University of Washington
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Drafted domestic and international intellectual property licenses/assignment agreements, met with faculty; reviewed licensing contracts for compliance; reviewed suitability of copyrightable material; and filed copyrights.
Education
The University of Denver Sturm College of Law
LL.M. (2008) | Taxation
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Honors: FFEL Grant and Golden Key Award
University of Washington School of Law
J.D. (2007) | J.D. with Concurrent Law in Intellectual Property Law
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Honors: 6 merit-based scholarships, and 3 published articles.
Activities: Press Officer, Technology and Law Society
Colorado State University
B.A. (2003) | History
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Honors: Summa Cum Laude, Phi Beta Kappa, Dean’s List 1999-2003, and 9 merit-based scholarships
Professional Associations
Colorado Bar Association, Young Lawyers Division
Member
Current
Larimer County Bar Association
Member
Current
State Bar of Colorado # 48080
Member
Current
Publications
Articles & Publications
Understanding Open Source
Licensing Law
Why Does The GPL Need Revising?
Licensing Law
Can Canada Regulate the Internet?
LawNow
Are Ads Invisible to the Law?
CASRIP Newsletter (Featured Article)
Certifications
Tax Preparer
IRS
Websites & Blogs
Website
Home of IN TOTO Legal Services
Legal Answers
1780 Questions Answered

Q. Can I get a restraining order filed against my ex? And how do I start the process?
A: While it is possible to pursue a civil protection order, the best approach is usually to contact the your local police about the harassment. If they find an incidence of domestic violence (note: DV charges do not necessarily require physical harm if threats of physical violence are concrete), an automatic (and temporary) protection order is granted. DV charges can also occur AFTER an incident occurs. If conviction occurs, it is possible to modify the mandatory PO into a permanent. Until action is take, make sure to preserve all evidence of your ex's actions.
Q. I left the state of Florida without the permission of the father there are no court orders, can I get in trouble?
A: If there is no court order or litigation involving the children when you left, you should be able to the leave any state without any civil or criminal violations. Kidnapping charges vary by state, but usually require a pre-existing court order (which is being violated) or some concrete and immediate health/safety danger to the child before the DA would even consider charging parental kidnapping. Colorado gains sole and exclusive jurisdiction over the child once the child has permanently resided in Colorado for at least 6 months plus 1 day. If Colorado has jurisdiction over the child, any litigation involving the child can only occur in Colorado in the county where the child currently resides.
Q. Child support was ordered with my 2006 divorce, but my ex never paid. Is it too late to go after child support?
A: Yes, you should be able seek (unpaid) back support with the existing 2006 order via an enforcement order. You can also seek an increase in support via a modification. These requests can be filed together and you may be able to retroactively apply the modification amount. You may want to contact an attorney - expect to pay for the attorney's time.
Q. My boyfriend and I want to get married. I’m 18 he’s 19. We live in Nebraska. If we go to CO can he get in trouble?
A: The Colorado marriage would only be valid if one or both parties of married couple were Colorado residents (permanently reside in Colorado for at least 91 days). If the residency requirement can be met in CO, the CO marriage can be transferred to NE (even though legal majority in NE is 19). An alternative to consider is Nevada, which still has the least restrictive residency requirements for marriage in the US (check to make sure you meet all the requirements in NV BEFORE you travel!). There should be no legal concerns for marriage forum shopping, beyond knowingly providing false information in a marriage application (e.g. state of residency). Even then, the most likely punishment is invalidity of the marriage versus a criminal charge per se.
Q. Is pressing charges on a landlord the only/best approach?
A: From your facts it is acceptable for the landlord to "terminate" the agreement (technically no complete agreement was reached). However, the landlord must return all money (since no lease agreement was created). If the rental was occupied (even for a short duration), the landlord can deduct a reasonable pro rata daily rental fee. Beyond that , the landlord is clearly violating Colorado law. You can send a letter (with or without a lawyer's letterhead) requesting a full refund. Beyond that, you will likely have to file a civil lawsuit (small claims--which is designed for non-lawyers). Be aware that the landlord is clearly violating Colorado law, so you should be entitled to additional recovery (in relation to the cost of the lawsuit--don't start thinking millions...) if you win (which would appear very likely). Finding lawyers that handle landlord-tenant (esp. for the tenant) can be very hard because it is generally not profitable for attorneys. If you are a college student, there is a legal assistance available for students (usually at the student centers). You can also try Colorado Legal Services (CLS).
Q. What is the extent of extortion laws I. Colorado?
A: Asking for interest and return of principal on the fraudulently obtained checks maybe wishful thinking, but I cannot see how any DA or police department would pursue criminal charges against you. However, your sister appears to adding to the list of her potential criminal charges beyond check fraud. I would seriously consider the police about the check fraud and the other matters. You likely have a better chance at recovery via restitution tied to a criminal conviction than negotiating with your sister directly.
Q. I'm the mother, can I take 3 children out of Colorado To Washington
A: If no custody orders are in place AND no current custodial litigation involves the children (in which you have been served), consent by the other parent or courts are NOT required to leave the state. However, the remaining parent can file for divorce (91 days) and/or custody (183-184 days) in Colorado after the departure--this would result in litigating in Colorado.
Q. Does a jointly owned home have to enter into probate after a spouse dies?
A: If there is a living joint owner, the real estate very likely will never enter probate (or be subject to specific devises in a will--unless the joint ownership is a tendency in common). Under normal circumstances, the joint owner(s) (joint tenant with right of survivorship--default in Colorado) goes to the County Clerk's Office where the property is location and provide notice of the death via a certified death certificate. Once the certificate is recorded, the deceased's name will be removed and the surviving co-owner(s) will only be listed. There is usually a nominal filing fee and the changes usually appear 1-2 weeks from notice. As for the issues of the sale/foreclosure and the mortgage, you will need to contact an attorney directly. Expect to pay for the attorney's time.
Q. what to do with the primary parent that has our children and their are missing school often and grades are low?
A: These facts can be used in a modification request. Contact an attorney to evaluate the strength of a modification request. Expect to pay for the attorney time and assistance.
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Main Office, IN TOTO Legal Services
155 E. Boardwalk Drive
Fort Collins, CO 80525
USA
Loveland Office
1635 Foxtrail Drive
Loveland, CO 80538
USA