My wife's family owns a trust in Colorado that produces quarterly oil royalty checks. The checks come from Colorado. Her dad passed 20 years ago so his checks have been going unclaimed in Utah. What state(s) would she need to hire an attorney in order to claim the unclaimed property and to get... Read more »
answered on Mar 20, 2023
Great question. If probate is necessary, go with the state of the last residence of the Trustor that created the Trust.
Sometimes probate is not necessary. I recommend discussing your situation with a Utah attorney regarding the checks in Utah. Most attorneys will have a free initial... Read more »
answered on Mar 20, 2023
The other attorney answers are good ones. Keep in mind that your best answers will be the result of briefly discussing your situation with an attorney to be sure the answer is tailored to your situation. Most attorneys are willing to do a free consultation.
We have rented this property for almost 4 years. We got a new PMC last year due to the sale of the property. We have always had renters insurance thru our insurance company. New PMC has us pay an extra $43 per month for insurance, ac filters, and online payment capabilities. Even though I have... Read more »
answered on Mar 6, 2023
The answer to your question can be found in your rental agreement. Did you agree previously in the agreement to use whichever insurance the landlord chooses, or does the agreement only state that you are responsible to pay for insurance?
If the answer is the latter, then you can send them... Read more »
I have taken care of my mom for 12 years, he has came to see her twice. I got a notice to be out in 5 days? Only signed by him. Is that legally binding? My mother is still alive
answered on Feb 17, 2023
The legal owner of a property has the power to evict anyone living there. If you have a rental agreement, the owner will be required to follow the terms of the agreement. If you don't have an agreement, and you haven't been paying rent, you will often qualify as a guest. Guests get a... Read more »
For example, could Airbnb sue me if I created my own property rental app?
answered on Jan 30, 2023
The answer depends on a few things. First, if you copy a product, you can sometimes get sued for breach of Patent or Copyright. There are several companies offering similar services, so it is unlikely they could sue you for offering the same or similar services. But if you reverse engineer their... Read more »
Our apartment gave us access to our garage, but we noticed this month that they aren't charging us for it. I looked through our lease and they never added on the additional fee for renting a garage. We aren't planning to mention it to them since this isn't the first time they have... Read more »
answered on Dec 7, 2022
Your relationship with your landlord is partially controlled by state law, but the relationship is mostly controlled by the agreement you signed with them. Usually agreements are prepared in haste and are often missing things that leave issues that are important to you in limbo.
In this... Read more »
I bought a vehicle from a dealership 6 months ago I just found out a week and a half ago that the vehicle they sold me was stolen they told me to bring back the vehicle and they would get me a new vehicle and now when I put my application in I was told that I don't qualify for European... Read more »
answered on Dec 6, 2022
I am not aware of a law preventing a specific individual from owning a foreign car. Some foreign cars will have difficulty being imported to the US without a lot of paperwork, but I can't imagine how a particular individual would be prevented from making a purchase.
Also, it is... Read more »
She was suppose to be the deed and my brother the co-sign she doesn’t understand or speak English good so she trusted him and his been lying all this time now he’s moved in and been threatening her to sell the house and wants half the money when he’s not even paid a penny is he entitled to... Read more »
answered on Oct 20, 2022
This is unfortunately one of the situations we warn against if a parent is considering adding their child as an owner on their home. The main question will be whether your mother was manipulated or bullied into the transfer. If she was not unduly influenced by your brother, and she really wanted... Read more »
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 »
answered on Oct 19, 2022
Great question! Seeing red flags in a situation like this makes one wonder if your assets are safe.
If your case were in Utah, I could tell you that any time a person has questions or concerns about a trustee of a Trust, they can require that the Trust be overseen by a probate judge.... Read more »
I was given 30 days notice to vacate the premises and exactly 30 days to vacate as from last night (07/18/2022) and he is giving me until 08/16/2022 to do it. My understanding is that I had until the end of the following month of August. To say the least he has been a nusance. I would need a link... Read more »
answered on Jul 19, 2022
That is a lot of questions. Most attorneys will do a free consultation in their first appointment. I no longer accept clients on this type of law, but here is a great resource: do a google search for "Utahlegalservices" They help people that can't afford an attorney, and the website... Read more »
I have no utilities on this property, the privately shareholder owned water company is transferring it to the county. This is how i found out there is an outstanding bill of 17 years for “membership” and late fees. These a bogus charges but i really don't want to pay an attorney to prove... Read more »
answered on Jul 18, 2022
From your description, I see at least two issues: 1) how to get the water company to stop grouping both of your properties in your name in the same box for charges for water services, and 2) avoiding a lawsuit attempting to attach and sell the property to pay a claimed debt.
Regarding the... Read more »
If an executed deed is not recorded, the deed transfer is still effective, correct?
answered on Jul 18, 2022
When you pay money for a piece of property, then you do have a claim against the person that sold you the property. But, the intended effect of a deed is to transfer ownership on official records. Until the deed is recorded, the transfer has not occurred in the eyes of the county and the state.... Read more »
this is a rental agreement on farm ground
answered on Jul 12, 2022
The answer to your question will normally be found in your rental agreement. If you don't have anything in the agreement that specifically allows you to cancel if you sell, then you will normally be expected to fulfill the terms of the contract. As this is for farm ground, you don't have... Read more »
Agent never sent the amendment to the sellers agent and now we have been in a breach of contract for about two weeks without even realizing it because we were under a different impression. What can we do in that case?
answered on Jun 22, 2022
The first question will be whether anything negative happens to you as a result. If you don't have to pay anything extra, and you don't lose an opportunity, then there isn't normally much you can do about it.
Read your real estate purchase contract to see what if any... Read more »
My apartment complex is replacing the roof and in the meantime maintance has put their ladder that they climb up and down all day outside my bedroom window and the complex didn’t give any warning that they would have noisy work going on so it has been interfering with my ability to work (I work... Read more »
answered on May 17, 2022
You do have a reasonable expectation of privacy, but even more, you have a reasonable expectation of safety. Take time to think through the problem, any possible solutions (like a better place to put the ladder) and then write them down, sign and date it, save a clear photo or scan of the document,... Read more »
I began my tenancy in 2018 with a $2,400 deposit (20% non refundable). I have signed a new lease every year since and every term 20% is deducted. Now the lease sows $984 as the deposit. Is this legal?
answered on May 6, 2022
The answer depends on what you agreed to. An attorney will need to review each of the rental agreements you signed to be sure. Also, you can ask the landlord to produce a document that shows how that money was applied to specific costs and expenses.
I went to make my rent payment but instead of the payment I requested to make the portal I used withdrew everything illegally
answered on Apr 18, 2022
If you agree to have a specific amount taken from your account, then that is normal. If any other amount is taken without your permission, the landlord needs to return it immediately or they will be criminally liable. Tell the landlord they need to return the extra funds or your next call will be... Read more »
We have a roommate on the lease wanting to move out. In order to move out the landlord needs current paystubs for the remaining roommates. The lease ends in august.
answered on Mar 26, 2022
It is not normal to show paystubs to landlords. It sounds like your landlord is concerned about whether the remaining tenants can afford to pay the rent if one of them leaves.
The relationship is controlled by the length of the rental agreement everyone signed. If the person who wants to... Read more »
My husband and I currently live in a townhome complex, and have been smelling our neighbors second-hand weed for some time now. It took us a little while to figure out what it was. The smell was mainly coming through our vents, and was confirmed to be weed by the vent repair guy, who also confirmed... Read more »
answered on Mar 23, 2022
Your safety is going to always be a priority in these matters. If you can prove you gave the landlord sufficient notice of the problem, either by email or text or written notice, then you have something you can give a judge if they sue you for breach of contract.
Contracts will normally... Read more »
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.
answered on Mar 16, 2022
The answer lies in your rental agreement. Does it require 60 days notice?
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