Interest of C.Q.

Our client was being accused by an ex-spouse of poor parenting–even rising to claims of neglect and enabling–for a special-needs child. The accusatory ex-spouse was a decorated professional with an educational background that appeared on its face to be well-suited to the special-needs child’s struggles. However, that ex-spouse was also prone to skepticism, anger, and aggression with our client. Because of our client’s ability to always put the child first and stand firm against the power displayed by her ex, we were able to demonstrate her care and support for her child, her well-reasoned decisions, and even her ability to foster a relationship with her aggressive ex for the sake of her child. After a contested court trial, we secured a very favorable parenting time result and order.

Andi B - Google Review

Brynne and her staff helped us see a very different and difficult situation through to the end! They kept us informed along the way and were also fun to meet.

Roe v. Wade, Dobbs v. Jackson, and What’s Next for Non-Heteronormative Families

There’s a lot of online talk about the Supreme Court overturning Roe v. Wade. As a Colorado law firm focusing on family law and estates, the decision may especially affect our clients. Here’s why:

A Brief Background

As a brief refresher, recall that our government is set up at a federal level and a state level. Federally, we have three branches, including the judicial branch. The Supreme Court’s job is not to create laws, per se (that’s for the legislative branch), but, rather, to interpret laws that are already in place, to construe the US Constitution, and to apply the laws to specific situations.

Have you ever signed a contract and then, later on, something came up in the business relationship and you had to go back and figure out how the contract applied to your specific situation? The wording isn’t always perfectly clear. That’s why we use courts to interpret, construe, and apply such wording to specific scenarios.

In the case of the US Supreme Court, one of the main things they are asked (and allowed) to do is interpret citizens’ rights under the US Constitution. Sometimes, they broaden their interpretation to try to get more at the heart of the document. Other times, they interpret it more narrowly and focus on the letter of the law. Either option—and everything in between those two ends of the spectrum—creates a precedent for future decisions, because each decision can be relied on in similar situations.

At the risk of using a gross oversimplification, it can be said that Roe v. Wade focused on the spirit of the law, while Dobbs v. Jackson (the decision that just overturned Roe) focused on the letter of the law.

Will This Affect My Family?

Maybe. The focus of this article is not on the reproductive rights or rights to life of either mother or fetus (all of which are greatly affected by the decision), but the decision itself could affect other areas of family law and estate planning.

When the Supreme Court makes a decision, it creates case law. Case law is used to help guide and make other decisions that might be similar down the road. The Dobbs Court specifically said they weren’t overturning any other decisions. However, their focus on the letter of the law here could mean that they will now focus on the letter of the law in future decisions as well. This could affect previous case law that was made more on the spirit of the law, including Obergefell v. Hodges, the case where the Supreme Court determined that same-sex marriage is a fundamental right. We have already seen a related abrogation with Fulton v. Philadelphia.

I’m Non-Heternormative. What Can I Do?

Each family will need to decide for themselves what makes sense for them at this time, especially since no one can know the future. That said, here are some options we suggest our non-heternormative clients consider:

·       Powers of Attorney, Will, HIPAA Release: These estate-planning documents may prove crucial if a marriage is invalidated but you want your partner to be able to help make medical and financial decisions for you, gain access to your medical facility if you are ill, help make decisions for your estate if you pass away, and inherit from you. Creating a Will is also important if you want to name your partner as the guardian of your biological children should you pass away or become incapacitated.

·       Beneficiary Agreements: These estate-planning tools have been used for many years in Colorado to provide inheritance rights to non-married partners. 

·       Second-Parent and Stepparent Adoptions: Colorado has a process for a non-married person to adopt a child as well as for a stepparent—which can include any non-biological parent, even if there was a legal marriage to the biological parent at the time of conception—to adopt a child. 

·       Cohabitation Agreements: Cohabitation agreements are used for non-married partners as a way of solidifying each partner’s rights and responsibilities to a shared living situation and property. This can include outlining each person’s responsibilities to pay for things such as the mortgage or utilities, clarifying who owns which assets or how they are jointly owned, and agreeing on terms for using jointly-owned assets and each person’s income. 

If you or your family are afraid of what may come, first, let us just say we are sorry for that fear and we hope the best for you.

If you would like help with any of the above options or other related legal issues, please feel free to reach out to our firm: admin@gantlawoffice.com or click on Contact Us on this page.

Seeking Legal Secretary/Paralegal for Small, Fun Family-Law & Elder-Law Firm in Northern Colorado

You can make a living almost anywhere. At Gant Law, we invite you to make a life you love.

We offer mostly remote work; flexible hours; competitive pay; clear goals, principles, & policies; structured training tailored to your learning style; & regular communication to ensure you’re heard & have the tools you need to flourish in & out of the office. This position may be part-time or full-time or a transition from one to the other.

We’d love to talk with individuals who can be kind and sympathetic with high-emotion inquirers, who can understand (or are willing to learn) legal terms, procedures, and systems; and who are interested in doing
meaningful work in a professional but fun environment. Patience, attention to detail, and the ability to self-start and self-regulate are also important for this position.

This position starts with pay from $14 - $24 / hour, depending on experience, and includes opportunities for bonuses and advancement.

Those interested, please send cover letter, resume, and references to admin@gantlawoffice.com.

Seeking Two Associate Attorneys for Small, Family-Law & Elder-Law Firm in Northern Colorado (Remote Positions)

You can make a living almost anywhere. At Gant Law, we invite you to make a life you love.

We offer competitive pay; remote work; flexible hours; clear goals, principles, & policies; billable-hour goals that don’t incentivize padding; structured training tailored to your learning style; and regular communication to ensure you’re heard & have the tools you need to flourish in & out of the
office.

We’d love to talk with attorneys who have 0-5 years’ experience, who are ambitious and hardworking, & who take the title of attorney seriously (but who don’t take themselves too seriously).

Pay rates are 40-50% of billable hours, with billable rates starting between $190 and $275, depending on experience.

Please send cover letter, resume, and references to admin@gantlawoffice.com.

Best Probate and Estes Law Firm in Greeley and Fort Collins Colorado according to Expertise.

We are proud to announce that Gant Law, LLC was rated as a top Probate and Estate law firm in Greeley and northern Colorado Law Frim by Expertise for the second year in a row. Expertise goes through a thorough selection process, which first identifies all potential providers in the area. Then they curate and analyze all the law firms’ accreditations, data, capabilities, etc. before finally doing a mystery shopping calls to ensure knowledgeability, friendliness, and professionalism. We received an A+ score on all measurements.

Deborah C. - Google Review

I appreciated everyone at Gant Law. Brynne always had my back, in various situations, during some difficult family events. She clearly explained many complicated scenarios, avoiding legalese, and giving me valuable options. It is so great to know you have a solid legal team behind you and allow you to move forward confidently and purposely based on factual and considerate legal advice. I would definitely recommend Gant Law for anyone seeking strong legal advice, from the basic will, to more complicated legal issues.

Rising Star Award Given to Gant Law Owner, Brynne Gant

Huge congratulations to Brynne Gant of Gant Law for being given the Rising Star award by Super Lawyers for the second year in a row! Every year, Super Lawyers recognizes a select 2.5% of attorneys from law firms around the entire United States to be given this recognition. To be recognized as a Rising Star there is a formal selection process to ensure that only the best are given this recognition.

Step 1: First, the candidate must be nominated by a peer or independently identified through the Super Lawyers research department.

Step 2: Super Lawyers’ researched department does an in-depth evaluation on each candidate based on 12 indicators.

• Verdicts/Settlements

• Transactions

• Representative Clients

• Experience

• Honors/Awards

• Special licenses/certifications

• Position within the law firm

• Bar and/or professional activity

• Pro bono and community service

• Scholarly lectures/writings

• Education/employment background

• Other outstanding achievements

Step 3: The candidates in each practice area with the highest point totals from steps one and two are asked to serve on the blue-ribbon panel. Those panelists are then provided a list of candidates from their practice areas to review, rating them on a scale of one to five.

Step 4: Candidates are grouped into four firm size categories. Those with the highest point total from each category are selected and given the Rising Star Award.

AppClose – What We Like about this Co-Parenting Tool

There’s a relatively new co-parenting tool available for any families—married, partnered, divorced, separated, or mixed—to help keep track of all things parenting: AppClose was developed in 2016 and has quickly gained speed as one of the most useful co-parenting tools available.

Here are some of the things we like about it:

• It has a FREE version

• The free version includes the ability to download/export full, unaltered message threads, financial request histories, and the like—a feature many other co-parenting apps do not offer

• The messages are timestamped when sent, received, and read

• It includes shared calendars

• It includes secure messaging

• It has a separate function for making requests, such as changing drop-off times or locations

• It has a separate function for requesting expense reimbursements—no more scanning through hundreds of text messages to find the exact ones about finances

• It has a ‘circle’ function for creating groups of people, so all your interrelated family members and caretakers can be involved where they are needed

• Secure storage means private information is protected

• It works even if only one parent is using it; messages and requests can be sent to non-user third parties

• It has a scan and send function right in the app for times when you need to include documents in your messages or requests

Sound like a good fit? Download it in the Apple App Store or Google Play.

Learn more: https://appclose.com/about.html#:~:text=About%20AppClose%C2%AE,for%20co%2Dparenting%20better%20together. 

New Associate, Emma Hancock

Gant Law is pleased to announce that Emma Hancock joined the team in October 2021 as our newest associate!

Emma graduated from the University of Colorado Law School last year and was sworn in as an attorney shortly thereafter. Emma graduated as Class President of the Class of 2021 and received the Victor Quinn Ethics Scholarship, the Outlaw Scholarship, and the Class of 1984 Scholarship.

During law school, Emma participated as a Student Attorney for the Juvenile and Family Law Clinic, interned for Bond Family Law, and served as a Legal Assistant for Kilmer Psychology Group, PC reviewing parental evaluations and child & family investigations.

You’ll find Emma to be both tenacious and attentive in her advocacy in both Family Law and Probate cases. 

Welcome, Emma! 

Ashleigh O - Google Review

Brynne truly cares about her clients and goes above and beyond to fight for them. She is honest, fair and extremely educated and efficient in her work. She really helped us with our family law case and I would recommend her to anyone looking for counsel.

Are You Ready to Plan Your Estate?

Planning your estate is something you probably don’t have any experience with, and it can be complex. An estate planning lawyer can answer your questions and take care of anything related to your estate. There are several things you can do to prepare for a consultation with an estate attorney.

Select Your Attorney

 Estate law is very complex and specialized. You’re going to be paying for services, and you’ll want to be confident that you choose the right lawyer for the job. Here are some things to consider:

•       Does the attorney have experience handling estates like yours?

•       Are you comfortable with the office team? The chances are that you’ll be speaking to the receptionist or other staff during the planning process, so it’s good to have a comfortable rapport with them. You should also find out how long it usually takes the office to return a phone call or email.

•       What is the lawyer's fee structure?  

•       Is a free consultation offered?

Before Your Initial Consultation

 Consultation appointments allow you and the attorney to ask questions and exchange information. Estate planning can be expensive, so it’s a good idea to take time to prepare for your first appointment. Everything you do so the attorney doesn’t have to saves you money. There are several documents you should take with you:

•       Most attorneys will ask you to fill out a questionnaire before your first appointment. Provide answers to all the questions for better accuracy and to save time during the consultation.

•       Bring copies of financial documents, such as bank statements, stock certificates, business ownership papers, life insurance policies, and real estate deeds.

•       If you already have a will, a power of attorney, or a trust, you should bring documentation to the consultation.

•       You should bring any contracts, including prenuptial agreements or divorce papers.

•       Prepare a list with contact information for your family members and possible estate executors or trustees.

•       Make a list of questions that you have for the attorney. You may want to ask about current estate tax laws, as they can be very confusing.

•       It’s a good idea to have a written set of goals for your estate planning. This can help you clarify things for yourself and provide a reference guide for your lawyer.

•       Don’t forget potential incoming sums of money you may want to deal with. For example, if you’ve recently been in an accident and have a personal injury claim, you may want to include any settlement you receive as part of your estate plan, as the lawyers at Cohen & Cohen explain.

Besides exchanging information, a consultation is your opportunity to interview the attorney to see if they’re a good fit for you.

Contact an Estate Planning Lawyer              

 Set up a consultation appointment with an estate planning attorney. They can provide more information and answer any questions you may have about their services, fees, or the estate planning process. 

Marriage of K.M.

Our client had amassed several properties and a large amount of wealth over many years of hard work. Our client and their spouse had always prioritized a one-working-parent household. This meant that arranging for an equitable split of assets and placing both parents on good footing for the future would require a longer-term strategy and phased division. With both spouse’s reasonable and professional attitudes, we were able to avoid mediation, let alone a contested hearing, and successfully guided our client to a multi-phased, equitable division of property during a mutual, in-person settlement conference with clients and counsel.

Marriage of M.R.

For years, our client was extremely patient and forgiving of a spouse who struggled greatly with mental health and substance abuse issues. But when the issues began directly affecting the children, it was time to split. We successfully guided our client to a resolution that put full parental rights and custody in our client’s favor and that minimized maintenance while still allowing our client to keep a great deal of the marital property. Because of our client’s reasonable attitude and professionalism, together with our guidance, the children are in the best position possible for their health and safety.

Interest of B.E

Our client had experienced massive trauma from their ex-spouse, and now our client’s child was in the care of abusive grandparents. Because of our client’s resolve and strength, we were able to successfully remove the child from the grandparents and place the child back in our client’s care.

Estate of L.D

Our client was the nominated Personal Representative for a large estate with multiple primary and secondary heirs. The estate included real property, mineral rights, water rights, many vehicles, notes and receivables, stocks, bonds, business interests, bank accounts, dozens of pieces of farm equipment, livestock, and several other assets, most of which were denoted only on very old, hand-written records. Through our client’s efforts and our investigation, we were able to successfully find, analyze, and distribute all the many assets without any litigation.

Interest of M.J

Our client’s sibling was caring for their ailing mother for multiple years before burning out. Our client then stepped in as court-appointed conservator. Upon stepping into that role, our client discovered that their sibling had exploited their mother by taking (and later trying to hide) a $25,000 loan and using their mother’s funds for personal purchases. Our client’s mother was in danger of losing Medicaid eligibility because of these actions. With our client’s resolve, dedication, and many hours of work, and with our guidance and legal knowledge, we were able to guide our client toward a successful resolution, avoiding the cost of a contested hearing, and successfully placing our client’s mother in a comfortable and highly-skilled long-term facility.

Gant Law Is Seeking a Legal Secretary and Paralegal. Interested?

You can make a living almost anywhere. At Gant Law, we invite you to make a life you love.

We offer remote work; flexible hours; competitive pay; clear goals, principles, & policies; structured training tailored to your learning style; regular communication to ensure you’re heard & have the tools you need to flourish in & out of the office. This position may be part-time or full-time or a transition from one to the other.

We’d love to talk with individuals who can be kind and sympathetic with high-emotion clients; who can understand (or are willing to learn) legal terms, procedures, and systems; and who are interested in doing meaningful work in a professional but low-key environment. Patience, attention to detail, honesty, good communication skills, and the ability to self-regulate are also important for this position.

Interested? Please send resume and letter of interest to admin@gantlawoffice.com.

Divorce and the American Rescue Plan Act of 2021: Changes to the 2021 Child Tax Credit and Their Effect on Colorado Divorce Taxes

Congress recently enacted H.R. 1319 – the American Rescue Plan Act of 2021. Among many things, the Act changes the way the Child Tax Credit is calculated (and paid) for the 2021 tax year. This can affect Colorado families facing divorce or separation as well as those who have already divorced or separated, and who have minor children. In short, the Act increased the amount of the Child Tax Credit for qualifying tax payers, and additionally allows those tax payers to take an advance on the payment for 2021 by receiving a portion of the 2021 payout in monthly installments, starting in July 2021.

What was the amount of the increase? For qualifying children under the age of 6, the credit went from $2,000 to $3,600, and for children ages 6 to 17 it went from $2,000 to $3,000.

Who qualifies? It depends on your income (as well as dependent status and filing status). The income brackets are >$75,000 for individual tax payers, >$112,000 for Head of Household taxpayers, and $150,000 for married (filing jointly) tax payers.

How long does it last? For now, the Act only applies to 2021, but that could be extended or made permanent with future legislative action.

I’m divorcing/separating or already divorced/separated; what do I need to do about the change? While we cannot give specific advice for your matter, as a general rule, if you are divorcing/separating, you may want to just keep these changes in mind when determining a fair division of tax claiming status, potentially agreeing to equally split any 2021 refunds.

If you are already divorced, it is probably a good idea to check your court orders to see who has the right to claim your child(ren) for the 2021 tax year. If it’s you, you may want to speak with your ex (or your attorney) to make sure your ex does not take the advance on the child tax credit, which will require them to opt out using the IRS website. If they have timely filed their 2020 taxes, they may get the advance payments direct deposited, even though those advances are assigned to your tax year by the courts. It will be more difficult to reverse this or get yourself paid back than it will be to prevent it. If you’re not the one claiming for 2021, you might be in contempt of court if you take the 2021 advance payments. And, of course, if you’re both claiming (different children) for 2021, then you’ll want to ensure that each of you only receives the advance payments for the child(ren) you’re claiming. We suggest you speak with a family-law attorney regarding any questions for your specific matter. 

Rising Star Award given to Brynne Gant

Huge congratulations to Brynne Gant of Gant Law for being given the Rising Star award by Super Lawyers. Every year Super Lawyers recognizes select attorneys from law firms around the entire United States. Only 2.5% of attorneys are given this recognition. To be recognized as a Rising Star there is a formal selection process to ensure that only the best are given this recognition.

Step 1: First, the candidate must be nominated by a peer or independently identified through the Super Lawyers research department.

Step 2: Super Lawyers’ researched department does an in-depth evaluation on each candidate based on 12 indicators.

• Verdicts/Settlements

• Transactions

• Representative Clients

• Experience

• Honors/Awards

• Special licenses/certifications

• Position within the law firm

• Bar and/or professional activity

• Pro bono and community service

• Scholarly lectures/writings

• Education/employment background

• Other outstanding achievements

Step 3: The candidates in each practice area with the highest point totals from steps one and two are asked to serve on the blue-ribbon panel. Those panelists are then provided a list of candidates from their practice areas to review, rating them on a scale of one to five.

Step 4: Candidates are grouped into four firm size categories. Those with the highest point total from each category are selected and given the Rising Star Award.