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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
1846 Questions Answered

Q. How can I get legally divorced from a Brazilian woman I married in Brazil, but I live in the USA?
A: You can file for divorce in Colorado. Due to the international aspect, you may have some additional steps related to serving notice. You may want to hire an attorney for assistance.
Q. Where do I file when we live in separate states?
A: There is another potential option. If both parties can agree (stipulate) on jurisdiction for either FL or CO for all legal matters, it should be possible to consolidate both cases to a single state. Note, this consolidation may result in different divisions and payments because of the difference between Colorado and/or Florida law. There might also be some issues with enforceability (assuming waiver of jurisdiction and transferring of orders does not occur). If no agreement on jurisdiction occurs or a judge rejects consolidation, litigation in both states will occur.
Q. Landlord wants me to sign away future injury rights of a guest who fell down stairs due to black ice.
A: You are correct, you cannot sign away another person's legal rights/interests. Incidentally, the landlord cannot generally disclaim liability over common areas (the steps) via a warning or a contractual waiver - such disclaimers are in violation of Colorado's housing laws. You and your boyfriend cannot be forced to sign the waiver and you cannot be evicted for refusing to sign. The landlord could choose to not renew your lease if you decide to not sign.
Q. Landlord's dog attacks tentant's dog and gives tenant a month to find another home and verbally breaks lease. Illegal?
A: To add a few points: 1. oral statements do NOT qualify as valid notice. 2. Early termination of a written lease can only occur via: (a) mutual consent of both the landlord AND tenant or (b) eviction. 3. ALL evictions require court approval - which means that the landlord must show cause (typically in the form of serious violation(s) of a lease agreement, such as significant damage to the property or long-term non-payment of rent) for a court to authorize an eviction. 4. Failure by the landlord to evict with proper notice and court authorization invalidates the "eviction" and creates a separate cause of action that the tenant can pursue against the landlord.
Q. I was married in Colorado and found out that my wife was still married and never got a divorce. Im I legally married?
A: Yes and no. In a strict legal sense, the second marriage is invalid. However, there is the doctrine of equitable marriage (aka equitable estoppel) which can create marriage-like situation for property divisions, etc. Equitable marriage and its applicability is tied to specifics of the case. You will need to contact a family law attorney directly to assess the specifics of your situation. Expect to pay for the attorney's time.
Q. Is it proper when a POA is listing time for doing errands to give the specific times rather than hours?
A: Power of attorneys do not typically involve any type of payment. A Power of attorney grants an agent (the relative) the ability to act on behalf of the principal (the father). Based on your facts, if the relative is being compensated for services/tasks made on the behalf of the father (versus simple reimbursement for items purchased), the relative would more accurately be described as an employee or service provider (i.e. a domestic servant). Thus, an employment contract versus a power of attorney would seem more appropriate. While the described arrangement is not per se illegal, it does arose suspicions.
Q. My mother just died on the 15th the mortuary guy said I only have 10 days to file for probate.Is this true?
A: Since there is a lot here, you are advised to schedule an appointment with the attorney you mentioned. The attorney should be familiar with your mother's estate and can advise you. As far probate, it is possible based on the size (or lack of size) of the estate that probate is not required. Additionally, you do NOT need to file for probate within 10 days of death. In fact, there may be reasons to wait at least 1 year from death before filing. I think the mortuary representative may have been referring to reporting the death to the Social Security Administration AND recording the death with the state. Most mortuaries do both things as part of their services.
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.
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P.O. Box 272285
Fort Collins, CO 80527
USA
Telephone: (970) 227-6265