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Utah Questions & Answers
2 Answers | Asked in Criminal Law for Utah on
Q: I have proof of my ex wife threatening to beat up and/or kill my significant other and find my kids. What should I do?

What should I do with that information?

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 26, 2021

Call the police.

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1 Answer | Asked in Traffic Tickets and Car Accidents for Utah on
Q: I was turning and was hit. Think the lady was speeding through light is it possible to get traffic cam footage

I then found out that my I insurance had lapsed. I had no clue my husband first all that. I had insurance the next day. I believe that both parties involved are at fault . I shouldn’t have assumed she was going to be going as fast as she was. It’s kinda a blur but I remember the light was... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 26, 2021

A Utah attorney could advise best, but your question remains open for a week. I'm sorry about your accident. I hope everyone is okay here. You put a number of issues on the table. In terms of fault, a Utah attorney familiar with the state's vehicle and traffic law AND the signage/traffic... Read more »

1 Answer | Asked in Family Law for Utah on
Q: Hello my oldest daughter is 12 years of age i also have a 10 year old daughter and a 5 year old son. Question is, it

Legal for my 12 year old to be home alone with the other 2 from 3 pm to 3to5 am

Mike Branum
Mike Branum answered on Jul 16, 2021

Utah Code Annotated 34-23-205 lists "baby-sitting" as a permitted occupation for minors 12 years of age or older, so the short answer to "is it legal" would be yes. The reasonableness of leaving minor children in the care of another minor is subjective and would be reviewed by... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: After moving out of our apartment, can the landlord charge us for paint and carpet cleaning for normal wear and tear?
Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 14, 2021

You need to read your lease. Sometimes landlords list a set of charges/fees upon move out----kinda sneaky but I think they picked this up like the short term condos and rentals have a cleaning charge upon departure. If there is nothing listed, then you should return the property in the same... Read more »

2 Answers | Asked in Native American Law, Family Law and Adoption for Utah on
Q: My son wants his stepfather to adopt him, but my son and I are Native American. Can we still file for ourselves in Utah?

My son and I are both members of a federally recognized tribe. We do not live on the reservation. I assume ICWA will apply, but as neither biological father or step father are Native American, I am sure my tribe would consent. Bio father has not contacted my son or paid child support in over 5... Read more »

Jason F. Barnes
Jason F. Barnes answered on Jul 8, 2021

Hello. ICWA is applicable and very complicated when it comes to adoption cases, and the forms on the court's website are for basic adoptions. Honestly, I am surprised that the court's website has adoption forms at all, as there are many varieties of adoption cases and overall they are... Read more »

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Q: How can I find patents filed on my truck?

I have good reason to believe my truck was modified for patents

Omar Darwich
Omar Darwich answered on Jul 7, 2021

You could consult with an attorney.

To be clear you believe your truck had aftermarket parts installed in order to somehow get a patent on the truck?

1 Answer | Asked in Personal Injury, Civil Rights and Health Care Law for Utah on
Q: My HIPPA was grossly violated by 2 clinics. One in Utah and one in Chicago.

I filed this with the Federal Government. My husband is a physician & I work in healthcare as well . Because of that, I am having a hard time finding an attorney that doesn’t do malpractice and HIPPA violations. Does anyone know who I can talk to about this? This is a very serious HIPPA... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2021

I'm not sure what you mean by your HIPAA being violated but the short answer to your question is that in their wisdom Congress in enacting HIPAA did not provide any remedy for a violation, other than potential injunctive or declaratory relief which means no money therefore no attorney would... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Real Estate Law and Business Law for Utah on
Q: I had issues with Ditech when they bought my loan from another mortgage company. They failed to pay my escrow accts

Ditech bought my loan. They were given all of my escrow in early September that was due in November. I didn’t know Ditech never paid my taxes or insurance until I received a notic that my house was going to be auctioned off. I had to prove to Ditech that it was their responsibility to pay it.... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2021

Sue Ditech.

1 Answer | Asked in Estate Planning for Utah on
Q: Can a successor trustee live in the house owned by the trust while settling the trust, as payment for trustee services?

The house is a long distance from the trustee’s residence and full of personal property to be garnered, valued, and distributed. The house is to be sold with equal shares to beneficiaries. The trustee is one of those beneficiaries.

Wesley Winsor
Wesley Winsor answered on Jul 5, 2021

It sounds reasonable as long as it doesn't take too long. If the trust doesn't speak to that ability, then the trustee probably can. A trustee's actions need to be reasonable or some other standard as outlined in the trust agreement. If this is done, then the trustee will still... Read more »

1 Answer | Asked in Patents (Intellectual Property), Consumer Law, Copyright and Products Liability for Utah on
Q: How to I find patents filed on work research and modifications done on my truck? Is there an application?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 3, 2021

Check google patents.

If the patent has not published or granted it won't be found.

Consult with an attorney.

3 Answers | Asked in Bankruptcy for Utah on
Q: Need to file, I just started a new job....

This is a question for a family memwber not myself. Bankruptcy is due to a debt from a failed sole proprietor business, they no longer have a bank account into heir name due to business and those accounts being closed, due to debts they are unsure if they will be able to get an account at Bank or... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Jun 30, 2021

That can cause a lot of mess and confusion for your spouse in her bankruptcy.

Do you want to do this? I suggest that you do the responsible adult thing and GET YOUR OWN BANK ACCOUNT!

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3 Answers | Asked in Criminal Law for Utah on
Q: My husband has been accused of inappropriate behavior with a very close friends 17 year old daughter.

Police have asked for him to come answer questions??

William Melton
William Melton answered on Jun 29, 2021

Do not speak to law enforcement. You need to contact an attorney immediately. These are extremely serious allegations.

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4 Answers | Asked in Intellectual Property and Trademark for Utah on
Q: Is the name of my podcast infringing a trademark, and should I change it?

I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... Read more »

Omar Darwich
Omar Darwich answered on Jun 29, 2021

So I don't want to sound like Im beating a dead horse, but you should consult with an attorney.

That might not be enough to pass the likelihood of confusion test or perhaps there might not be a need to add that subtitle.

consult with an attorney! we dont bite

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2 Answers | Asked in Bankruptcy for Utah on
Q: When can chapter 7 be filed after quitclaim deed in utah?

Mortgage was refinanced over two years ago, petitioner was not on the refinanced loan, but was never taken off deed to house. A quitclaim deed was filed in February 2021. Due to it not being done when the refinance took place. Will that cause potential problems when filing a Chapter 7,... Read more »

Timothy Denison
Timothy Denison answered on Jun 29, 2021

Yes. You need to contact your bankruptcy attorney immediately!

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a Utah landlord require us to pay for a custom-made door?

We used a stopper on our pantry door so that the doorknob would not keep slamming into the fridge. Eventually the stopper put a 1-2" hole in the door. Instead of just patching the hole, the landlord is insisting on buying a new door. And even worse, he insists it be a $300 custom-made door... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jun 25, 2021

If you can install another door of matching quality and color to when you moved in the home, the landlord will have real difficulty trying to sue or press you for anything else. This becomes much more difficult to do if you have already moved out of the home. If he has already purchased and... Read more »

1 Answer | Asked in Adoption and Family Law for Utah on
Q: Paternity Mess

I have a rather unusual problem. I live in Utah and am the disconnected part of a polyamorous triad wherein the other two partners happened to get married before they explored polyamory. They happily have a child together and we all have been happy for about five years. Now I am having a child with... Read more »

Mike Branum
Mike Branum answered on Jun 14, 2021

You are correct that you should list yourself as the father on the birth certificate. You need to voluntarily relinquish your parental rights and allow the husband to adopt the child. You need to understand that this will forever extinguish any legal rights you would have with the child (although... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Utah on
Q: If I've run away from home and am living somewhere else unofficially can I contact my family? Can my dad take me home?

I ran away from home recently and DCFS hasn't really been over to tell me where I was going and what I was doing. They came over once to see if I had a place to go and a bed to sleep in, etc. The agent told the family I'm staying with that my father can legally take me home with him... Read more »

Mike Branum
Mike Branum answered on Jun 11, 2021

There is no reason you cannot contact your family and for the sake of your future relationship with them, you should. Until someone else is appointed your guardian, you are emancipated, or you turn 18; yes, your father could take you home. As your parent, he has that right.

In order to be...
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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Utah on
Q: Can I get emancipated from a family that's abusive without legal consent from my parents? I'm 16

I've recently ran away from home because my dad has been abusive for years and I have gotten a bunch of support from my friends and my friends got me out of the house. I was in some trouble for another legal thing that I also need answers for. When I ran away I was talking with my local police... Read more »

Mike Branum
Mike Branum answered on Jun 10, 2021

Utah Legal Services may be able to connect you with a local attorney who could help you pro bono (free). The short answer is "yes, you can be emancipated without your parents consent." You will need to show that you can actually support yourself and not rely on the family you are staying... Read more »

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1 Answer | Asked in Immigration Law for Utah on
Q: Do we need to resubmit form I-130?

I have submitted an I-130 for my wife (I am a US citizen) in November 2020.

In the form, we entered values in both the "which consulate will you be applying for adjustment of status" for a domestic consulate as well as international consulate since we weren't sure where we... Read more »

Agnes Jury
Agnes Jury answered on Jun 8, 2021

If your I-130 was received by USCIS then you do not need to submit another one. You will enter the receipt # of the I-130 on page 4, part 2, question 3; and the date your I-130 was received in question 4. Even though it appears that you plan to file for Adjustment of Status on your own, I would... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: If I were to market/sell a caffeine free energy substitute using a pouch delivery system would that be against patent?

I understand there are many products that use saliva based delivery (pouch) methods. Are all of these required to gain permission or establish patents to market and sell these types of products?

Thank you

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

depends

consult with an attorney

you would need to look and see if there are any patents associated with that in the jurisdiction where you plan to make, sell or import

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