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Utah Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: Am I able to use motivational/inspirational quotes and make a profit?

Think famous quotes from Oprah or Steve Jobs or Dale Carnegie. Say I'm compiling a book of quotes to sell, or even emailing them out each day for a fee or something like that. Can I use other people's motivational/inspirational quotes (with or without attributing it to them) legally?... Read more »

James L. Arrasmith
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answered on May 24, 2023

Using motivational/inspirational quotes from famous individuals in a book or for profit can potentially raise copyright concerns. While short phrases or expressions may not be protected by copyright, using substantial portions of copyrighted works or attributing quotes without permission can... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: How do I find a traffic citation if an officer never gave me a physical ticket?

I was getting on I15 and got pulled over by an unmarked police truck. The officer took my id and ran it and then came back and said he was citing me for going 20 over. He shook my hand and said be careful merging back into traffic and gave me my id back. He never gave me a physical ticket or had me... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Usually you have to sign a citation with a promise to appear for it to be valid. Then you are given a copy. It sounds like you were not cited and were given a verbal warning. You could look for information from the Court website but if there is no citation number, you will have a very hard time... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: If a county sherif pulled me over but didn't tell me my speed give or me a written ticket did I actually get cited?

The sherif after asking for my license and registration came back and said, "Looks like it will be a $250 fine. I bet there are a lot better things you could do with that money, huh?" Then handed me my credentials and let me go. I didn't recieve a written ticket or warning and I... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

It sounds like you were not cited or fined, and given a verbal warning. Pay attention to your speed. Utah has a legal limit on many freeways of 80. Yes things are far apart in Utah, but 80 is pretty darn fast to get between them. I drove in Utah when the National speed limit was 55- talk about... Read more »

2 Answers | Asked in Employment Law and Business Law for Utah on
Q: Is it legal for employer to ask for my lease agreement? They'll only pay relocation once they get a copy of signed lease

Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

You don't really get "pay" for relocating, it could be a job benefit to receive expenses for relocation. It would not be proper for any employer, CA or UT to withhold your wages for failing to provide proof of a lease agreement. Wages are earned for work performed, not relocation.... Read more »

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2 Answers | Asked in Medical Malpractice and Personal Injury for Utah on
Q: My brother committed suicide by shooting himself. Can his widow get life insurance?

My brother had 2 difficult rounds of chemo after a cancer diagnosis. Alongside rigorous cancer treatment, he was prescribed Xanax. Some studies have shown there to be links between suicidal thoughts as a side effect of Xanax. Could a case be made that his prescription and use of Xanax could’ve... Read more »

Damon Miller
Damon Miller
answered on Apr 1, 2023

I'm so sorry for the loss of your brother.

For your sister-in-law to be eligible for life insurance benefits there are a couple things you'd need to know. First, do you know if your brother had a life insurance policy? For his widow to receive life insurance benefits, there would...
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1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a vehicle at a dealership. I was lied to and purchased the service contract. Can I still cancel?

I bought a service contract 23 days ago, and it says you can only cancel within 10 days. There were some important details about the service contract that the salesman lied to us about in order to convince us to buy it. Is misrepresentation a good idea to successfully have contract cancelled?... Read more »

Benton Matthew Eskelsen
Benton Matthew Eskelsen
answered on Mar 30, 2023

You may be able to fight this contract but additional information would be needed to give a meaningful evaluation. Typically, when you sign a contract you are expected to know the contents thereof and often times such contracts disclaim representation made by employees regarding the contract. It is... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can my ex landlord keep my deposit just cause she wants to ??

I paid my deposit on time I put my 30 day notice I cleaned and did everything the “contract” said. We didn’t officially sign anything but I do have pictures of me giving her the deposit and messages also. One she is just renting it to anyone without letting the apartment complex know, so... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 27, 2023

In Utah the law requires the landlord to return the deposit, unless there is something in writing that was given to you when you paid the deposit stating that it would not be returned. Additionally, the landlord has only 30 days to return the deposit or clear explanation of any expenses to clean... Read more »

1 Answer | Asked in Health Care Law and Personal Injury for Utah on
Q: I had gotten the Pfizer vaccine and have been dealing with blood clots do I have any kind of case?

I've been going through this for over a year and a half now. Also swelling in my left calf muscle down to my toes off and on. Nowhere else.

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You can’t sue but you can submit a claim to the Countermeasures Injury Compensation Program through the U.S. Department of Health and Human Services.

Be aware that the Biden Administration has been criticized for denying most such claims.

To optimize your chance of success, be...
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3 Answers | Asked in Probate for Utah on
Q: What state to hire probate attorney?

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 »

Kenneth Prigmore
Kenneth Prigmore
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...
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3 Answers | Asked in Tax Law, Business Formation and Business Law for Utah on
Q: how do I sign on behalf of an LLC if my Scorp is the member?
Wesley Winsor
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Wesley Winsor
answered on Mar 20, 2023

Hello,

Depending on what you are signing. Normally you would set up a manager for the LLC and have the person sign in their capacity as a manager.

If you are signing the articles of organization, then the S-corp manager would sign in their capacity as a manager.

I am...
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3 Answers | Asked in Tax Law, Business Formation and Business Law for Utah on
Q: how do I sign on behalf of an LLC if my Scorp is the member?
Michael Ray Smith
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Michael Ray Smith
answered on Mar 17, 2023

Here’s one way, assuming the LLC is member managed:

NAME OF LLC

By its member, Name of Member

By. _________________

Your typed name

Your title

The idea is to make it clear that the member signs on behalf of the LLC and you sign on behalf of the member.

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2 Answers | Asked in Insurance Bad Faith for Utah on
Q: Can an auto loan disability insurance company push for me to go to voc rehab after my employer deemed me fully disabled?

18 months ago I was diagnosed with epilepsy and could no longer work for my employer due to their company policy, (can't be on the meds and must be seizure free for 10 years, I'll be on the meds for the rest of my life) they have finally determined I am fully disabled and I am receiving... Read more »

Damon Miller
Damon Miller
answered on Mar 16, 2023

Hello,

I would recommend taking a look at your insurance policy. The policy will define what the insurance company is permitted to do. Generally speaking, most disability insurance policies do permit the insurer to ask you to cooperate with vocational rehabilitation, even if you don't...
Read more »

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: In Utah, can a landlord/property manager make you buy their renters insurance, or am I able to get my own?

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 »

Kenneth Prigmore
Kenneth Prigmore
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...
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1 Answer | Asked in Banking and Family Law for Utah on
Q: Am I legally obligated to close savings accounts in my kids names on my bank account, that my ex has never been on

I opened these accounts for my kids, under my own account, without my ex ever being on said account, she's asking I close these out, give her the money, and give a list of when the accounts were opened, any transactions etc. We've been divorced since July, am I legally obligated to do... Read more »

James L. Arrasmith
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answered on Mar 5, 2023

If the savings accounts were opened solely in your name and your children's names, and your ex-spouse was never a signatory on the account or made any contributions to the account, then she likely does not have any legal right to demand that you close the accounts and provide her with the... Read more »

1 Answer | Asked in Constitutional Law and Real Estate Law for Utah on
Q: I am rental prop. owner and was sent pre-lien letter 2-10-23 and i paid the 2 invoices on 2-11-23 by USPS & confirm by

how is the matter resolved when the check clears? Can the legal assist. who sent the letter add atty fees, unauthorized contractor fees and interest from 2-10-23 in the amount of over $400? I notified ALL PARTIES AND LEGAL ASSIST. Feb. 11 by email that I already put their check in my lobby of my... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

If you have already paid the pre-lien notice in full, including the invoices and any late fees or interest, and have proof of payment, then the legal assistant should not be able to add additional fees or charges. However, if there is a dispute regarding the payment or additional charges, it may be... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Do we need to make a financial disclosure to get a divorce in Utah? We have no children, no property.

A basic divorce, you go your way and I go mine.

Jeremy R Miller
Jeremy R Miller
answered on Feb 27, 2023

No. You can file a petition, pay the fee, wait 30 days (or apply to waive the waiting period), then file the agreement (called a stipulation) and final documents with the court. This website can help you prepare your documents, or you can hire an attorney to draft them.... Read more »

1 Answer | Asked in Animal / Dog Law for Utah on
Q: If my cat goes on my neighbor's fence or in the backyard what recourse for he have?

If I were to go next door and show my neighbor that these are my cats and he knew they were mine could he still call the pound everytime if he were to catch it in a cat trap that could get pricey$$??

John Michael Frick
John Michael Frick
answered on Feb 26, 2023

In most places, pet owners are required by local ordinance to keep their pets on a leash or to confine them within the owner’s yard.

A property owner does not have to allow another person’s pet to enter their yard. Free-ranging pets present a health risk as well as being a nuisance....
Read more »

2 Answers | Asked in DUI / DWI for Utah on
Q: I received a citation/summons for my first DUI last night. Will I lose my license?

I apparently drove my vehicle into a ditch and was unresponsive but don’t remember the events in question.

William Melton
William Melton
answered on Feb 25, 2023

Yes, when you get a DUI it starts an automatic driver license suspension in 45 days. You can request a hearing to try and stop it. You only have 10 days from the date of DUI to request the hearing from the DLD. You should consult an experienced DUI attorney for help. DUIs are complicated and have... Read more »

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: I have live with my mother for 12 years now. She is now in a nursing home. Can my brother the trustee evict me?

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

Kenneth Prigmore
Kenneth Prigmore
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 »

1 Answer | Asked in Trademark for Utah on
Q: If a Trademark status is "Status800 - Registered and Renewed" Does that mean company keeps the trademark forever?

So my point comes from that Sony Pictures Television owns the animated show "the critic" trademark, the show was created back in the mid 90s. I want to only hope that Sony keeps the trademark of the show. Its just a matter of do they have complete control of the trademark when its filed... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 16, 2023

DRAGON TALES was registered for "entertainment services in the nature of an ongoing children's television series" in 2000 by Columbia Pictures Television and the registration is now owned by Sony Pictures Television. The registration was renewed in 2019 for another ten-year term,... Read more »

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