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Tristan Kenyon Schultz

Tristan Kenyon Schultz

IN TOTO Legal Services
  • Divorce, Family Law, Tax 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
  • Divorce
  • Family Law
  • Tax Law
  • Business Law
  • Intellectual Property
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. / Taxation (2008)
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Honors: FFEL Grant and Golden Key Award
University of Washington School of Law
J.D. / J.D. with Concurrent Law in Intellectual Property Law (2007)
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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. / History (2003)
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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
1562 Questions Answered

Q. Colorado health insurance question
A: Based on your facts, the two 1095s show that you were doubly insured (which you now already know). The IRS does not consider insurance options--they only compute the penalties. Colorado will likely demur because you acted on your own behalf (even if based on confusion). As a result, the dual insurance will likely stand. You can appeal the determination with the IRS, but you will need to contact (and pay for) a tax attorney's assessment. There may be grounds for an abatement of the tax, but a lot more information is needed before an assessment can be made.
Q. Can a care giver of marijuana hire a armed or unarmed security guard
A: There is nothing per se illegal in anyone hiring a bodyguard. However, the conduct of the bodyguard can move into civil or criminal violations. Be especially careful of armed guards. Armed guards are not like the police, they are treated like a regular person walking around with a gun (i.e. discharging or pointing a gun is NOT protected under the Second Amendment). If you have particular concerns, contact an attorney directly for advice.
Q. What happens when petioner didn't submit another bank acct. With the mandatory financial disclosure.
A: Knowingly misstating information on a JDF 1111 MAY result in a reopening of a closed case, sanctions (including attorney fees for the other side), and other potential penalties. The more extreme the amount "hidden" and degree of knowingly misstating results in a higher probability of sanctions. If the case in ongoing, the disclosure should be corrected ASAP.
Q. What is Colorado law for time with children who are out of state?
A: There is no specific custody division provided in the statutes. There is general language about Colorado favoring joint custody, but this always subject to judicial review. Out-of-state transfers tend to favor blocks with the children residing with a one parent during the school year and the other parent during the summer. Age of the children, private agreements between the parents, CFI reports, and other factors can change these basic assumptions. Requesting (and getting) sole custody is very difficult in Colorado unless there is well documented abuse towards the children by a parent and/or the other parent does not contest the sole custody request. Neither party is required to accept anything during mediation and the mediator cannot force a decision. Mediation exists primarily for encourage the parties to agree on some routine issues and to get a better idea of what the other side wants. Usually the hot issues (e.g. custody, alimony, and some property divisions) tend to go to trial or are negotiated on the eve of trial.
Q. The father of my children wants to move to Georgia and have them twice a year for two months at a time, can he do this?
A: He can ask for it, whether he will get it is a wholly different matter. Large blocks of time are usually granted when parents live in different states. However, the age of the children greatly disfavor (esp. the 7 month old) long absences from either parent. The father is also somewhat at a disadvantage because he is the one leaving the state. That said, you will have to share some custody and there are no guarantees with how a specific judge will rule. A lot will depend on how either side presents their respective arguments. Also be aware that the custody agreement will likely expand as the children get older (via a modification). Contact and hire a family law attorney. This is not the type of matter that a pro se (w/o attorney) party can handle without making mistakes.
Q. My 20 year old son lives in a bottom floor apt. Sump pump backed up and he has to move. His renters insurance says no
A: The complex is required to repair the problem within a reasonable period of time. If the water damage is too great, this may be grounds for constructive eviction.
Q. If I'm renting with a verbal agreement on the amount of rent. And the owner of the property asks me to move out.
A: If you pay rent and the landlord accepts the rent, you are a month-to-month tenant and have effectively continued the lease for one month. This can continue indefinitely, provided the tenant keeps paying and the landlord keeps accepting payment. The landlord is not required to accept payment and may refuse. In these situations it is usually better to contact the landlord prior to the hold-over event.
Q. My apt. I building in Boulder is converting to condos. if I want to continue to rent, can they evict me?.
A: The landlord cannot terminate the lease early without tenant consent (or vice versa). The landlord (or the tenant) can choose to not renew the lease provided that notice is provide prior to the non-renewal. It other words, it sounds like the landlord is following the law. You can contact the landlord about staying longer, but this is not something required by law. Colorado expressly does not aloow rent control or other renter-favorable laws that are found in some urban areas outside of Colorado.
Q. My children are staying with me for thirty consecutive days during the summer. Do I have to pay child support?
A: Review your custody agreement. Absent a modified court order you must comply with the support obligation listed in the custody agreement.
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Contact & Map
Mailing Address
P.O. Box 272285
Fort Collins, CO 80527
USA
Telephone: (970) 227-6265
Main Office, IN TOTO Legal Services
155 E. Boardwalk Drive
Fort Collins, CO 80525
USA
Cell: (970) 227-6265
Loveland Office
1635 Foxtrail Drive
Loveland, CO 80538
USA
Denver Office
1900 Grant Street
Denver, CO 80203
USA