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Questions Answered by Wesley Winsor
1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Contracts for Utah on
Q: I live in Utah and signed a contract with an LLC located in Nevada. Where do I file for arbitration?

They have not fulfilled their end of the contract and now owe me $12,000. They are no longer answering my messages and I would like to get this money back as soon as possible.

Wesley Winsor
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Wesley Winsor
answered on Nov 21, 2022

You will first need to look to the contract provisions to see what they say about arbitration. If the other party is nonresponsive, then you could likely set up the arbitrator, give them notice of the time and place of arbitration and if they don't show up then the arbitrator can give you a... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Utah on
Q: In utah my stepmother and father co-owned an LLC.Father died. Is the LLC added to the total estate or is it separate?

In Utah this is important because anything inherited by my stepmother through joint tenancy offsets what she would inherit of my father's other assets that were solely in his name.

Wesley Winsor
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Wesley Winsor
answered on Nov 14, 2022

You should look to the operating agreement (if there is one) to see how the decedent member's interest is handled. If there isn't one, then an LLC interest is considered personal property and if acquired during marriage would be considered as being held in joint tenancy.

I hope...
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2 Answers | Asked in Estate Planning and Probate for Utah on
Q: My brother was an international attorney in Guam for 40 years until he recently died on May 29th of this year.

My husband, myself, our 2 daughters, and another person are beneficiaries. The supposed trustee is an unlicensed attorney in Guam who is represented by my brothers former law partner. And that guy says we cannot communicate with the trustee at all, but just go through him (the former law partner of... Read more »

Wesley Winsor
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Wesley Winsor
answered on Oct 19, 2022

I agree with the assessment, but I am not sure what your question is.

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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have to repay a sign on bonus if I was never given a way to pay it back?

I received a letter stating I can make payments on repaying a sign on bonus back they gave me the information to put on the check but never told me where to send it or anything like that, I’ve reached out multiple times and received no response what actions do I need to take on either paying them... Read more »

Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2022

If you are obilated to pay back the signing bonus, just go to their website or look up their business on the state business registration website https://secure.utah.gov/bes/index.html and send a certified check in the mail to their address.

Just because they haven't responded...
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1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: Can a used car dealership sell me a car with out emissions being done?

The check engine light came on just a few days after driving it home and the brakes were so bad it was scary to even drive. I'm also paying over $35,000 for a vehicle that isn't worth $11,000 at least not with the shape it's in.

Wesley Winsor
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Wesley Winsor
answered on Sep 20, 2022

Hello,

I am sorry to hear that you are having trouble with your car. I am unsure what you are asking when you say "emissions being done". Are you asking whether a dealership has a duty to make sure the emissions are compliant with state law prior to sale? Or are you saying something else?

Wes

1 Answer | Asked in Contracts, Probate and Banking for Utah on
Q: If a child gets a cd in her name, she's the only beneficiary, her grandfather was the trustee, can anyone else get the $

The child and grand father are the only names on the acct. The grandfather opened it in her name when she was a baby after the childs father passed away. The grandfather passes and the only 2 names ever on the acct are the child and the grandfather. Can the grandmother pull out the money without... Read more »

Wesley Winsor
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Wesley Winsor
answered on Aug 31, 2022

This depends on the ownerhip of the account. If they owned the account as joint tenants with rights of survivorship, then the grandmother would only be able to access the account if she were claiming some spousal share of her husband, but she would first have to go through a court proceeding to get... Read more »

1 Answer | Asked in Estate Planning for Utah on
Q: My mother wants to block her husband from any inheritance. Can she sign a will giving me the house ?

The husband might even be willing to sign an Affidavit giving her son the inheritance?

Wesley Winsor
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Wesley Winsor
answered on Aug 12, 2022

Hello,

The best thing to do would be to talk with an attorney. By statute, you cannot disinherit your spouse without their permission. I would encourage your mother to get a post-nuptial agreement and then engage in estate planning. I would normally recommend that she set up a trust so...
Read more »

1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: I recently purchased a puppy. I was charged more than the amount on the contract.

The contract price was $2,035. I was charged $2,700. I did not even realize it until now. Am I entitled to the $665 back?

Wesley Winsor
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Wesley Winsor
answered on Apr 22, 2022

Yes,

You are. If the contract had price listed as $2,035, and they charged $2,700, then you are due a refund of the amount. Have you contacted the seller yet? I can't imagine that they would have a problem issuing a refund.

Contact them first and as soon as you can. This...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Utah on
Q: Should an LLC be formulated in the state at which I reside or the state in which my rental properties are located?

2 rental properties in Utah in which I am the sole owner, I reside in WA. I formulated an LLC in Utah but never used it \. Would like to reuse that LLC but the address is under a former business partners address that lived in Utah. I am now sole owner of LLC. I already have a seperate bank... Read more »

Wesley Winsor
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Wesley Winsor
answered on Mar 21, 2022

Best practice is to set up an LLC where the real estate is located. We can update addresses and registered agents as well as ownership information in order to bring your business information current.

If you don't have the LLC in the same state as your real estate you will often have...
Read more »

2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: If my lease is ending do I still need to give my apartment complex 60 days notice before moving out?

My lease ends this month and the apartment complex says that I need to give them 60 days notice that I'm moving out. I've never heard of needing to this. If I have to comply I'll be paying a ton more for a month to month contract which I don't want to do.

Wesley Winsor
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Wesley Winsor
answered on Mar 21, 2022

The contract terms are most likely enforceable. The best thing you can do is ask them to waive the notice period and find them a replacement tenant. Good luck.

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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: What can I do to ensure that my son's father's assets are properly distributed after his father's recent death?

My 19 year old son's father died 8 days ago, and the mother of the deceased has self-appointed herself executor and claims that the assets need to go to her because her son borrowed money and never repaid her. There was no legal contract for this supposed debt, but she is already trying to... Read more »

Wesley Winsor
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Wesley Winsor
answered on Feb 24, 2022

If your son wants to assert his authority as personal representative of his father's estate, then he can do so through a probate process. I have pasted the relevant code section below. In addition, if your son doesn't want to do it, he can nominate you serve as his father's... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Utah on
Q: I have estate with it’s own EIN. We are selling a house. Does the estate pay takes and what rate?

At time of death it was valued at $270,800. Selling at 373k. It’s the only asset. Do we pay capital gains tax? What rate? Or does each descendant get a 1099 and pay their own taxes?

Wesley Winsor
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Wesley Winsor
answered on Feb 10, 2022

This is a better question for your accountant, but normally the estate will issue a K1 to each beneficiary that received cash distributions from the sale of the house that year. The house appreciation from the date of death will be attributable to the beneficiaries to whom it was distributed to at... Read more »

1 Answer | Asked in Estate Planning for Utah on
Q: Can you answer questions about an executor in another state not communicating what's going on?

My mother in law passed away January 2021 and the executor has still not completed anything. Her house sold in October of 2021 and he said it'll be done soon. Checked in with him in December and he said "well, we have to give a couple of people small amounts of money that she... Read more »

Wesley Winsor
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Wesley Winsor
answered on Feb 10, 2022

Hello,

I am sorry for your plight. If this is in Utah and it is a Will, then your husband as a beneficiary is entitled to a copy of the will. Legally they are and the PR / Executor has to give him a copy as well as the inventory when it is completed. The only real stick you have in order to...
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1 Answer | Asked in Probate for Utah on
Q: My dad passed away in 2005 and he left when I was born so I had never met him no clue if there was a will or not and I

Noticed that in his obituary it had listed 3 children which are three sisters I never knew about and not me not sure what to do.

Wesley Winsor
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Wesley Winsor
answered on Jan 3, 2022

Hello,

I am not sure about your question. What is it that you want to do? If you have an interest in trying to collect from your Dad' s estate, you would first need to see if a probate action was filed. I would look in the district where your Dad last resided. It would be an uphill...
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2 Answers | Asked in Probate for Utah on
Q: My husband's brother died no will. But a forgery has appeared in the hands of his business partner. He had no children.

His wife has been dead a while. You can see the document is fake. There are 8 siblings alive, one is his wife's sister. There's a 10-acre parcel that half belongs to the deceased wife. Do we give her half to her sister? We already know the greedy Will forger won't prevail. Just want... Read more »

Wesley Winsor
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Wesley Winsor
answered on Dec 20, 2021

The law of intestacy (those who died without a will) governs the distribution of the estate. If your husband's brother's predeceased wife held title at joint tenants with the decedent brother, then title would pass to the decedent brother. At your deceden't brother's passing,... Read more »

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2 Answers | Asked in Estate Planning, Banking, Collections and Elder Law for Utah on
Q: Is the surviving spouse responsible for the debts of the deceased spouse
Wesley Winsor
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Wesley Winsor
answered on Nov 22, 2021

Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The... Read more »

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1 Answer | Asked in Agricultural Law, Business Formation, Business Law and Communications Law for Utah on
Q: Threaten me with a cop to my house

I used to asked for a ride for about a week to this lady about 56 she said yes I them needed another ride for two weeks I asked she said yes. I willingly start giving her money for gas so I won’t feel bad even though it is on the way. We started being friends and started going out after work... Read more »

Wesley Winsor
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Wesley Winsor
answered on Oct 22, 2021

No,

If anything, this would be a civil matter. A cop will not get involved in this capacity. If she feels her claim is strong enough, she will sue you. Until then just ignore it and or block her number if she continues to harass you.

I hope this helps.

Wes

2 Answers | Asked in Arbitration / Mediation Law, Probate and Estate Planning for Utah on
Q: How do I get a tax id number on my family trust I'm trying to collect on a annuity and don't have the actual trust
Wesley Winsor
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Wesley Winsor
answered on Aug 23, 2021

The actual obtaining of the EIN for the trust is a relatively simple matter, but you really need to establish your authority to do so.

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1 Answer | Asked in Estate Planning, Tax Law and Probate for Utah on
Q: What kind of tax is applicable (estate or income) on the dividend distributions made to decedent after his death?

Decedent received dividend distributions after his death. Does Estate have to pay estate tax or income tax?

Wesley Winsor
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Wesley Winsor
answered on Aug 13, 2021

Hi, dividend income would be considered income tax. The estate tax has to deal with the total amount of value passing from the decedent to others. So, it can be counted as both--income when received by the estate and an amount chipping away at the estate tax exemption credit. Most people are not... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Probate for Utah on
Q: Is cash in the savings account of the non resident alien decedent taxable by the federal estate tax?

IRS states as follows in their website

The property includible in the U.S.-situated gross estate for a nonresident not a citizen includes only assets “situated” in the United States, such as:

1. U.S. real estate,

2. All tangible property located in the United States,... Read more »

Wesley Winsor
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Wesley Winsor
answered on Aug 13, 2021

Cash is considered tangible personal property. In your case, money held in the bank would either be deemed "cash" or "intangible" property.

I hope this helps.

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