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3 Answers | Asked in Family Law and Adoption for Utah on
Q: Can I adopt my sisters unborn baby?

My sister recently found out she is pregnant and and feels as though she wouldn't be able to handle anymore children. She already has kids but doesn't want anymore. She has asked me and my husband to adopt. My sister is unmarried and says the father doesn't want the baby either.... Read more »

Mike Branum
Mike Branum answered on Feb 28, 2022

The short answer is "yes." The long answer is "you need an attorney."

Even though the father "doesn't want the baby," his rights will have to be terminated. He can consent to terminating his rights, but there will need to be an action to do so filed when...
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1 Answer | Asked in Personal Injury for Utah on
Q: If I tripped on a backpack in a dark room when it was not supposed to be there and I got injured can I sue the school?

Came into the room and the teacher had all the lights off so it was dark and I tripped on a backpack when it was not supposed to be there and hit a rail and got injured.

Tim Akpinar
Tim Akpinar answered on Feb 28, 2022

A Utah attorney could advise best, but your question remains open for two weeks. The best way to answer your question would probably be to reach out to a local attorney to discuss in further detail. While anyone could sue for anything, an attorney could help you evaluate whether you have a case... Read more »

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
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 Divorce for Utah on
Q: In the state of Utah do you get alimony for 15 yr marriage ? When spouse makes over 100,000 dollars
Chase Van Oostendorp
Chase Van Oostendorp answered on Feb 23, 2022

Alimony is dependent on:

1. The paying spouse's ability to pay;

2. The receiving spouse's need for alimony;

3. The marital standard of living; and

4. Length of the marriage.

Alimony is very much a case by case analysis. I suggest you talk with a...
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2 Answers | Asked in Criminal Law for Utah on
Q: Are there lawyers that specialize in Board of Pardon issues?
Richard W. Noel
Richard W. Noel answered on Feb 22, 2022

Yes. Generally there are attorneys who help with pardons and board of clemency issues specifically.

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1 Answer | Asked in Family Law for Utah on
Q: Custodial weekend but non custodial holiday on Monday. Does non custodial get full weekend ?
Mike Branum
Mike Branum answered on Feb 18, 2022

Yes, unless otherwise specified in the Decree or Child Custody Order. According to Utah Code Annotated 30-3-35(2)(e)(i) "[i]f a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free... Read more »

1 Answer | Asked in Personal Injury for Utah on
Q: While spraying for pest control at a customers home I fell through their plastic window well covered by snow.

He said the home inspector told him he had to have his winow wells covered so he bought the cheapest he could find. The window well was in an odd corner of the house and I had zero idea it was there because it was covered by snow. I now have major back issues and possible medical bills will follow.... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 17, 2022

A Utah attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the injuries and the financial burden they have created. In these types of situations, the first go-to source for medical bills would ordinarily be workers' comp insurance. If... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Utah on
Q: In Utah code 30-3-37 what parent determines summer parent time schedule if parents don't agree. Law that shows this
Mike Branum
Mike Branum answered on Feb 16, 2022

If it is not outlined in the parenting plan in the Decree or Child Custody Order, the parents must either come to an agreement, go to mediation, or take the matter in front of a judge. I suggest the two of you attempt to resolve the matter. You could suggest that the other party choose which weeks... Read more »

1 Answer | Asked in Contracts for Utah on
Q: We bought a golden doodle female in March of 2019 and had the option to buy breeding rights or have her spayed within

5 months but did neither. We signed just a generic paper contract but didn’t have a notary or anything. My question is? Can she come after us for not paying the breeding fee and if so would the contract hold anything in court where it wasn’t witnessed or signed by a notary? Thank you for your time

Kenneth Prigmore
Kenneth Prigmore answered on Feb 14, 2022

Having a notary is better evidence, but it is not required to prove a contract was signed. If you get to court and the judge asks you whether you signed the contract, and you say no, that is perjury, which if proven, can get you some time in jail.

Any communication outside of a contract...
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1 Answer | Asked in Criminal Law for Utah on
Q: What can and can’t AP&P do in Utah?

If AP&P and assisting officer searched a parolees room and led to an arrest, can AP&P then reach out to their friend who is former law enforcement (who was romantically involved with parolee) about the arrest? Can they also pick up the parolees belongings from the Inn they were staying at... Read more »

Aric M. Cramer
Aric M. Cramer answered on Feb 13, 2022

Thiis is a Power of Attorney or Family Law question. Please post it those forums.

1 Answer | Asked in Estate Planning and Tax Law for Utah on
Q: Who pays thetax on income received to House in a family trust?

Father put house into trust with me and sister as trustees and now has passed. There is income paid to the house so it pays the mortgage $500 in $500 out. Does the house count it as income or would me and my sister take care of it on our taxes? The trust has an IEN tax number already?

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2022

You need to review this with a CPA, but most likely the trust became irrevocable when your father died and is, therefore, a separate taxpayer that is now obligated to file annual income tax returns the same as you are. As such, the income "belongs" to the trust and is reportable on its... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Can a tipster look thru your window which is hunch up and report a crime to police in utah

I case there are anyone who seen my previous messages I thought I was paranoid so got my own urine test from doctor came up clean now found out downstairs neighbor and across the street neighbor broke into my back window hide something in my spare bedroom they did not know I was taking out garbage... Read more »

Aric M. Cramer
Aric M. Cramer answered on Feb 11, 2022

As you have been told before by me and other attorneys, you need to hire an attorney if you have been charged with a crime. You cannot represent yourself on this by asking questions online. All cases are very fact specific and there is no silver bullet to defend you. Please call an attorney.

1 Answer | Asked in Tax Law, Divorce and Family Law for Utah on
Q: How should my children be claimed each year on tax forms with my ex.

I have 2 children under 18 and one adult completely disabled child (21) for whom I provide the majority of support. My ex thinks we should be taking turns each year claiming either the disabled child or both minor children. It is my contention that we should be splitting the two minor children and... Read more »

Mike Branum
Mike Branum answered on Feb 10, 2022

There is no "law" on this issue. It is a matter of what the parties agreed to at the time of divorce. Your decree should indicate how the children would be claimed on taxes. If there is no provision for child support for the adult child, then you would be entitled to claim the adult child... 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
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
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...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Am I able to turn down "Amenity Fees" added on to apartment rent fees?

The apartment I'm in charges a standard rent fee, but also charges a separate "amenity fee" of $170 for valet trash service, direct tv and internet. I don't use the valet service or direct tv and never wanted it. I can get my own internet service. I was told this fee was... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 8, 2022

Your relationship is defined by the rental agreement. If this specific amenity fee is on the rental agreement, or if the total fees you pay is stated in the agreement, then you have agreed to that amount for the time period of the agreement.

2 Answers | Asked in Criminal Law for Utah on
Q: Ok I just got a reply from a question that my neighbors were telling the cops I was a crackhead

Two yrs clean now they dropped a bag of crack in front of house they live downstairs and gave it to the cops saying it was mine what do I do?

Aric M. Cramer
Aric M. Cramer answered on Feb 7, 2022

If you have been charged with a crime, contact an attorney immediately. Your theory is wobbly. No matter what, I would think moving somewhere else may help as well.

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2 Answers | Asked in Criminal Law for Utah on
Q: My neighbors have been talking to the police about supposedly I’m doing crack

I’m clean over two yrs what can I do

Richard W. Noel
Richard W. Noel answered on Feb 6, 2022

Don't talk to the neighbors. If the police come around, don't speak to them without an attorney present.

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1 Answer | Asked in Family Law for Utah on
Q: My ex and I have joint custody of our son. Can I send my son out of state for a weekend without my ex's permission?
Mike Branum
Mike Branum answered on Feb 4, 2022

I would not advise it. I almost always include language in my parenting plans which require both parties to provide an itinerary and contact information whenever a child travels out of state overnight.

Additionally, it is difficult to overcommunicate where children are concerned. Try...
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3 Answers | Asked in Estate Planning and Family Law for Utah on
Q: How do I get a court order and the letters of guardianship on my child?

My ex wife passed away and our 10 year old daughter is the beneficiary on her life insurance policy. In order to get a lump sum payment, State Farm Insurance is requiring me to provide a Certified Copy of the Court Order and Letters of Guardianship of the minor’s estate. I shared custody of my... Read more »

Mike Branum
Mike Branum answered on Feb 3, 2022

I believe what you actually need is a conservatorship. You are already the child's guardian by virtue of your status as surviving parent.

Be forewarned: as conservator, you will be responsible to the Court for every cent in your daughter's account. You may only spend funds from...
Read more »

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