Category: Family Law

Protect Yourself and Family from Scams and Fraud

Our firm is located in Castle Rock, Colorado, currently rated as one of the most desirable places to live in the U.S. As our community has grown it has attracted an assortment of scammers, fraudsters and con-artists. Each year we publish an article on the latest tips you can use to protect your family and yourself from getting scammed. Here is our 2019 update on avoiding fraud and cons.

Here are some of the latest frauds to watch out for:

1) Fake families begging at local stores.
2) Fake notices on obtaining recorded documents about real estate.
3) The ever popular robo call now also on your cell phone.
4) Skimming machines at local gas stations.
5) In good weather the always annoying door to door sales person.
6) Internet scams now appearing on your facebook and twitter pages and in the groups you follow there.

There are many more and scammers get bolder and more sophisticated each day. Your job, with these tips is to outsmart the con-artists. Here are several tips to use:

1) Any time and in any place that you feel threatened or uncomfortable, call the police or sheriff’s office. Nothing makes rats run away faster than the cops arriving.

2) If you are unsure about an offer or sales person, check them out before signing anything or giving them money. Use these links to get more detailed tips:
https://www.consumer.ftc.gov/articles/0060-10-things-you-can-do-avoid-fraud

https://www.bbb.org/avoidscams/

https://www.scamwatch.gov.au/get-help/protect-yourself-from-scams

3) Ask your lawyer or CPA for their opinion before you hand your hard earned money over to someone. Your lawyer and CPA owe you what is called “fiduciary care” so they are required to have your interest paramount.

4) As hard as this may be to do, NEVER EVER give money to someone who is begging at the store. If you fail to follow this rule you will probably see that fake family at the car dealer buying their next car with your money!

5) As fun as it is to follow advice on facebook, twitter and nextdoor, don’t buy ANYTHING just because you see it there. I recently purchased a tool for my bike on facebook and, to my total dismay it was a total piece of garbage and I should have known better!

The basis rule in our law is Caveat Emptor. This means that only you can prevent fraud and only you are the best means to protect yourself from scams and con-artists. Remember this: Be careful out there!

3 (Of Many) Reasons Why Estate Planning is Not Only for the Wealthy

Before I became an estate planning, I did not fully understand the importance of having an estate plan.  I thought that estate planning was only for the wealthy.  Nothing can be further from the truth!
So, here are 3 reasons why you should consider meeting with an estate planning attorney, regardless of your wealth:
1. You have children under the age of 18.
A good estate plan protects your children from an uncertain future.  For example, a comprehensive estate plan for families with young children will include an Appointment of Guardian, which allows you to nominate a guardian to care for your children when you die or become incapacitated and are unable to care for them.  They also include an Authorization for Care of Minor Children, which allows you to appoint an another adult to temporarily care for and make decisions on behalf of your minor children when you are on vacation, unavailable, or become incapacitated.
2. To appoint decision makers to take care of you and your finances should you become unable to do so.
Not all estate planning concerns death.  For example, power of attorney documents are important estate planning tools.  These documents allow you to name people you trust (agents) to make medical and financial decisions for you while you alive, but are unable, or don’t want to, make such decisions for yourself.
3. The State in which you live has already created an estate plan for you.
All 50 states, and the District of Columbia, have laws that dictate how your property will be distributed after you die.  These laws are called the laws of intestacy and apply when you die without a will.  These laws may not match how you want your property to be distributed after your death.
Greta Suneson

Are Your Business Documents Legal?

Are your businesses documents complete? Are they current? Are they compliant with new laws? If you don’t know you could be in serious trouble. Call 303-688-3535 today to schedule your business documents review with one of our expert business lawyers.

K&G helps businesses succeed.

Is Your Estate Plan HIPAA Compliant?

HIPAA compliance runs through most of our daily lives and activities. Having an estate plan which is HIPAA compliant is now mandatory in order for your wishes to be carried out.

Here are some things to check in your documents:

  • Are the documents dated prior to 2010? Older documents are often not HIPAA Compliant.
  • Do your documents mention HIPAA? If they don’t the documents are not compliant.
  • Are HIPAA Personal Representatives named? If not then the documents are not HIPAA compliant.

K&G can review your plan documents to ensure effective compliance. Contact our office at 303-688-3535 to schedule an estate plan review meeting today.

Family Attorney Hannah Paille Joins Kokish & Goldmanis

K&G is excited to announce that family law attorney Hannah Paille has joined the firm’s Family Law Department. Paille will be specializing in family law matters such as divorce and post decree matters.

Paille is originally from Bossier City, Louisiana.  She attended Louisiana Tech University in Ruston, Louisiana and achieved a Bachelor of Arts, majoring in journalism and political science with a concentration in pre-law. There, she was the president of the debate team, traveled the world competing in debate, and discovered her passion for public speaking and in-depth analysis of complex issues.

Paille went to law school at Louisiana State University in Baton Rouge, Louisiana for her first two years, where she gained valuable experience at the East Baton Rouge Office of the Public Defender and clerking for the first woman to serve as a judge at the Middle District of Louisiana District Court. She then transferred to the University of Denver for her last year of law school.

Welcome Hannah Paille, to the K&G family!

Becky Goldmanis Named a Colorado Super Lawyer for 2018-2019

Kokish & Goldmanis is proud to announce that K&G partner Becky Goldmanis has been named a Colorado Super Lawyer for 2018-2019.

The Colorado Super Lawyers are well known and recognized as the best lawyers in Colorado.

Goldmanis, who heads K&G’s Family Law Department had this to say, “I am honored to be named a Colorado Super Lawyer! As a former district attorney it is gratifying to know that our work at K&G in helping families is recognized”.

Becky Photo Castle Rock Law Firm

Rebecca Goldmanis Named Rising Star By Colorado Super Lawyers

K&G is pleased to announce that firm partner Rebecca Goldmanis has been named a Rising Star by Colorado Super Lawyers. Becky heads the firm’s Family Law Department and specializes in family law, complex and high conflict divorce and post decree matters.

As a former district attorney Becky is experienced in high conflict matters and is recognized as one of Colorado’s top family law specialists. Becky also presented to the Colorado Family Law Institute in the summer of 2017 with K&G partner Bernie Greenberg on how trusts can impact divorce.

Is it possible for a parent to relocate out-of-state with their child?

Each relocation case is unique and depends on the specific facts of the case.  Whether you are bringing or fighting a relocation case, you should seek a family law attorney, who is familiar with relocation cases and has experience handling them.  Our family law attorneys at Kokish & Goldmanis, P.C. know the law regarding relocation cases and have experience handling them.

A parent cannot relocate out-of-state with their child unless they have the written consent of the other parent or a court order allowing them to.  The fact that a parent has sole decision-making does not allow them to decide to relocate out-of-state with the minor child without the consent of the other parent or a court order.  If the other parent consents to the relocation with the minor child, the relocating parent should get the other parent’s consent in writing and then file it with the court.  If the other parent will not consent, the relocating parent must file a motion with the court requesting permission from the court to relocate with their minor child.  The court will then determine whether the relocation is in the best interests of the child.  In a case where there are two good parents with significant parenting time, getting a court order to relocate with a minor is difficult.

The custodial parent wishing to relocate must provide to the other parent: their intent to relocate, the reason for the relocation, the exact locale where they plan to relocate, and a proposed revised parenting plan.  In addition to those listed items, the court will evaluate other factors, such as: the relationship each parent has with the child, the objections of the non-custodial parent to the relocation, the education opportunities of the child in each location, whether any extended family live in or near the new location, and how the move will affect the non-moving parent’s parenting time.  It is not uncommon for the court to appoint an expert to conduct an investigation and make a recommendation to the court regarding whether the relocation is in the best interests of the child.

To discuss your case and learn how our family attorneys can help you, contact us at 303 688-3535.