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1 Answer | Asked in Estate Planning for Utah on
Q: Can Trust date next to signature be different than the date trust was actually signed?

My mom's revocable Trust was not notarized or recorded and no witnesses. My sister filled in the date with her handwriting but my mom was on a trip overseas with me on that date. Not sure when the Trust was actually signed but it was definitely not signed on the date next to the signature.... View More

Wesley Winsor
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Wesley Winsor
answered on May 8, 2024

Hey there,

I completely understand your concerns about the date next to the signature on your mom's Trust document. While it may not automatically invalidate the Trust, it does open up the possibility of scrutiny and potential challenges in the future. It's definitely something to...
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0 Answers | Asked in Divorce for Utah on
Q: Is it possible to get my half of my ex-husbands pension (accrued while married) even though the time lapsed? long ago

I was suppose to request the half of my ex-husbands retirement within 30 days of our divorce (5 years ago), but I was so mentally drained, (and my lawyer at the time didn't point that out either or follow up on it) I failed to remember to do that. A few months later I realized my mistake,... View More

0 Answers | Asked in Employment Law for Utah on
Q: Do I have a case if my mental health requests are being ignored?

I work on base and I was confused as to whether or not I could have a case as I had made requests to be removed from a certain building as it was toxic and I didn't feel safe there and my surpervisors agreed and moved me elsewhere where I excelled at my job in this new position, randomly... View More

2 Answers | Asked in Contracts and Business Law for Utah on
Q: Small business owner's privacy violated?

Hello, I am a small business owner operating in Utah. I have been leasing since 2019 and not too long ago, the landlord sold the entire building including my contract to a new owner. Couple months ago, a manager from the new landlord came and brought with him a person with camera (looks like a... View More

Wesley Winsor
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Wesley Winsor
answered on May 1, 2024

Hey there! I'm sorry to hear about the situation you're facing with your business privacy concerns. It's definitely unsettling to find out that your business operations are now exposed on Google Earth without your consent.

Firstly, it might be a good idea to review your...
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0 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: police response 1) attempted assault was no such thing 2) it didn't happen because it wasn't seen with his own eyes?

downplayed attempted assault by saying it was going to come down to a (he said, she said) thing

1 Answer | Asked in Criminal Law for Utah on
Q: Is attempted assault a real thing?

I would have been physically assaulted by a manager of a KOA Campground in Utah if his wife had not stepped in to intervene

John Michael Frick
John Michael Frick
answered on May 1, 2024

Under Utah law, an actor commits assault if the actor:

(a) attempts, with unlawful force or violence, to inflict bodily injury on an individual.

So, for example, if the manager attempted to unlawfully punch you in the face but his wife stepped in between you and intercepted the...
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0 Answers | Asked in Civil Litigation and Criminal Law for Utah on
Q: If an individual is unlawfully Criminally Trespassed from a State public facility while complying with all the rules.

and then the Police not giving Miranda Rights and not given the opportunity to leave peaceably and ultimately having the Criminal Trespass charge dismissed by the Prosecutor and Judge, Does he have grounds for a Civil suit against the State facility and the Police Department?

1 Answer | Asked in Bankruptcy for Utah on
Q: I have a car that repossessed and I want to get my possessions out of it. They want the keys. I am going to file chapter

13 bankruptcy to get the car back. Should I give the keys so I can get my stuff?

James L. Arrasmith
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answered on Apr 25, 2024

In this situation, it's best to consult with a bankruptcy attorney before taking any action. They can provide guidance on how to proceed in a way that protects your rights and interests.

Generally speaking, if you plan to file for Chapter 13 bankruptcy and want to keep the car, you may...
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0 Answers | Asked in Estate Planning for Utah on
Q: What is the difference between a person named as a lifetime beneficiary and a primary beneficiary of a common trust?

My daughter formed a trust on my mother’s assets. Unbeknownst to me when my mother died, I discovered that I inherited nothing. I got a copy of the trust and I don’t understand what it means. I am listed third under my daughters as a lifetime beneficiary. What rights do I have? In another... View More

0 Answers | Asked in Patents (Intellectual Property) for Utah on
Q: I have a patent assignee who failed to pay the maintenance fees. Do I have any recourse to reclaim abandoned IP?

Can I petition the patent office, pay the fees, and recapture the abandoned patent (for lack of fee payment) ? Are there other remedies? I am the inventor of over 25 US patents. I filed the last patent application pro se. It was granted without questions from the examiners.

1 Answer | Asked in Car Accidents for Utah on
Q: If insurance is not collected at the crash what happens then?

I am doing a school project and I need to know what would happen in a scenario where two people got into a crash. Person 1 does not collect persons 2 insurance-only their phone number. Legally speaking, does person 2 have an obligation to communicate with person 1 and provide their insurance?... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2024

A Utah attorney could advise best, but your question remains open for two weeks. Until you're able to contact a local attorney on state-specific laws, in most places there is an obligation to exchange driver info and insurance info. That would probably extend to phone follow-ups in most... View More

1 Answer | Asked in Estate Planning for Utah on
Q: What is the percentage a nonprofessional ( a family member) trustee can charge a family trust?
Wesley Winsor
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Wesley Winsor
answered on Apr 22, 2024

In Utah, there is no set percentage for what a nonprofessional (family member) trustee can charge a family trust. Compensation is typically based on what is reasonable given the duties performed, the time involved, and the complexity of the trust administration. The trust document may specify the... View More

0 Answers | Asked in Traffic Tickets for Utah on
Q: Is there a way to lower the fine and/or points after getting a speeding citation with also having gotten in a car crash?

I'm under 21 and have gotten in a car crash before which was my fault and I'm pretty sure was for Negligent Collision. I just got a speeding ticket that was between 1-10 over.

0 Answers | Asked in Divorce and Family Law for Utah on
Q: If the cars are in my name can I sell them? Can I sell one of the cars to my husband? We are currently separated.

Also could I just put his name on the bills since they are in my name and I am not living at our home?

0 Answers | Asked in Probate for Utah on
Q: I just wanted know if something can be done

So back in 2003 there was a family road trip from Kearns UT. To ST. George UT. Unfortunately there was an accident now in the vehicle at the time of the accident was 3 cousins of mine, my older brother, my mother, me and my father. 3 lives were lost both of my parents and one of my cousins, one of... View More

1 Answer | Asked in Immigration Law for Utah on
Q: just asking about a green card renewal

I applied on line for I90 renewal card. I got my 2 year extension emailed and also my Biometric letter but it say Biometric reuse that they can reuse my past biometric . is that something new ?

James L. Arrasmith
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answered on Apr 15, 2024

Yes, biometric reuse is a relatively new process implemented by the U.S. Citizenship and Immigration Services (USCIS). In certain cases, the USCIS may be able to reuse the biometric data (fingerprints and photographs) that were previously collected from you for an earlier application.

This...
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1 Answer | Asked in Banking and Social Security for Utah on
Q: My sole means of support is my Social Security income. I am in dispute with the bank that serves my checking /savings.

Can the bank attach my checking and savings accounts. I don't have the money to file for bankruptcy, the bank is my sole creditor. I have a small positive balance under $2000.00, consisting of my SS check and $763.00 proceeds from a loan from my term life insurance policy Are these ever... View More

James L. Arrasmith
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answered on Apr 13, 2024

In most cases, Social Security income is protected from being seized or "attached" by creditors, including banks, due to a federal law known as the Social Security Act. This protection extends to funds in your bank account that can be clearly identified as Social Security income.... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Have lease, expires May 2025. Landlord wants to sell and has ordered to vacate. Do they have to financial compensate. UT

Landlord won't respond and has ordered to vacate in a week. Causing duress and worry as this would put me homeless with 2 dogs. Wants to sell but have a lease till 2025. What recourse do I have? I know she must honor the lease but it's a form of harassment as she keeps calling and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Utah, if you have a valid lease that doesn't expire until May 2025, your landlord generally cannot force you to vacate the property before the lease ends, even if they want to sell the property. The lease is a legally binding contract, and the landlord must honor it.

However, there...
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1 Answer | Asked in Elder Law and Health Care Law for Utah on
Q: Is it legal to yell and belittle a resident/patient of a care facility? Can a employee of a care center search a friend

Tell them of a situation that happened?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Apr 10, 2024

In Utah, it is illegal and unethical to yell at or belittle residents in care facilities. State regulations, specifically under the Utah Administrative Code R432-150-12, protect residents from mental and physical abuse. Such actions can be reported to the facility management, the Utah Department of... View More

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