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Questions Answered by Wesley Winsor
1 Answer | Asked in Contracts for Utah on
Q: How do I write the "SOW" part of a contract to allow for multiple projects to be defined outside of it?

My business does consulting (UX Design) for other businesses. I have a contract that I use, but it has a section where a specific scope is defined. I have a client that wants to be able to sign an overall agreement (like my contract), and then define projects and agree to them as they come. So... Read more »

Wesley Winsor
Wesley Winsor answered on Nov 13, 2020

Hello,

The best way to handle something like this is to make the contract dynamic in that it would refer to another document titled "scope of Work of Project X" and then define the terms of that particular project. The challenge though, is that you are going to need that other...
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2 Answers | Asked in Contracts for Utah on
Q: Can a person or company sign legal documents on behalf of a client if they have written permission to do so?

Asking because a friend wanted to know if I could sign his apartment lease agreement for him. In addition, I am wondering if someone could sign a legal document such as applying for auto or medical insurance policies on behalf of a person?

Wesley Winsor
Wesley Winsor answered on Nov 3, 2020

A financial power of attorney is used by someone to appoint and authorize an agent to enter into legally binding contracts and pursue legal rights on behalf of another person. In order to represent a company however, you typically need to be an attorney to represent another.

So the answer...
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1 Answer | Asked in Business Law, Estate Planning and Tax Law for Utah on
Q: What price of the stock should be used for estate tax valuation? At the date of death or at the date of collection?

The father died in 2012, but due to personal circumstances, the probate was opened in 2020. Now the stock value increased. Which price of the stocks should be considered for estate taxation: at the date of death or at the date i collected it?

Wesley Winsor
Wesley Winsor answered on Oct 12, 2020

The date of death value. Even though the stock didn't transfer, your right to the stock activated at his death.

I hope this helps.

Wes

1 Answer | Asked in Probate for Utah on
Q: Mom left a will leaving home to three sons. One son is executor.

The will states state the Executor can sell the property, real or personal, etc. without an order of the Court. However, only her name is on the deed with the Washington County Recorder's office. Does the will directing the executor to sell the home, allow the home to be sold and the... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 25, 2020

No, just because states that the executor can, doesn't mean that the recorder's office will let them transfer title. "Probate", refers to old England process where they had to prove the will or see if the will was valid. You will most likely have to run the will through probate... Read more »

2 Answers | Asked in Probate for Utah on
Q: Process and forms for Utah Probate.

My father passed away over 60 days ago, he left no will, was paying on land, all of his belongings are less than $100,000. We just need help with the process and which forms we need.

Wesley Winsor
Wesley Winsor answered on Aug 21, 2020

I am sorry to hear of your loss. You are correct, if he died owning real estate (name on title) you will most likely have to go through probate.

I take it that the land is in Utah and your father was domiciled here when he passed?

I would be happy to help. Please reach out...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My dad died two years ago he had many guns he wanted them passed to his grandsons but never put it in his will.

The will state all assets are to be divided among all four daughters equally. My older sister is the executer and she has lied to the probate judge about his bank accounts and other things . Her son has all the guns I have tried to get my share and he won’t release them . He said he will to my... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 17, 2020

I am sorry for your predicament. The will should govern the distribution of the estate. If the executor is lying to the probate judge, and you want to do something about it, then you need to file a motion about the executor's improprieties.

If the will says divide 4 ways, then that...
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2 Answers | Asked in Civil Litigation and Contracts for Utah on
Q: I live in Utah. When is the latest a lease must be provided for me to sign and agree with?
Wesley Winsor
Wesley Winsor answered on Aug 17, 2020

There are no restrictions on you right to contract at the moment you take possession or even after. Written leases serve parties much better than oral leases do, but both are equally valid and legal.

If you are looking for a way out of your lease based on someone presenting the lease for...
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2 Answers | Asked in Contracts for Utah on
Q: Can I get a power of attorney for my girlfriend to sign apartment applications and possibly apt lease for me?

I will be out of state due to work the next week. Me and my girlfriend are trying to get an apartment and I want her to be able to fill out applications and with any luck an apartment lease while I am gone. Can this be done with a power of attorney?

Wesley Winsor
Wesley Winsor answered on Aug 14, 2020

Yes,

That possible. I would limit the Power of Attorney to specify what exactly she can and can't do in your name though. I am not sure I would give her general power or attorney, because although it would allow her to sign leases for you, it would also allow her to empty your bank...
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1 Answer | Asked in Tax Law for Utah on
Q: Letter came today of unpaid/filed taxes from 2013-2017 totaling around $11,000 28 days to pay, I need a lawyer right?

I'm in the service industry and yeah, I was irresponsible and never filed knowing I'd owe a reasonable amount since most my employers didn't take taxes out. I received 7 liens & pretty positive I need a lawyer before they start garnishing, but if there's something I can... Read more »

Wesley Winsor
Wesley Winsor answered on Jul 20, 2020

Hello,

Getting one of those nasty letters from the IRS is never fun. You can certainly hire a lawyer, but if you agree that you are responsible for the taxes and you full intend to pay, it might be worth your time to contact the IRS and get on a payment plan. You will spend a bunch of time...
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2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: My lease expired June 1, 2020 now on month to month. Served a 3 day pay or vacate. Do I have 3 days or 15 to vacate?
Wesley Winsor
Wesley Winsor answered on Jul 13, 2020

You should look at your lease agreement, but typically you have to give 30 days notice before someone can terminate the lease.

So, it automatically renews if no one has given notice of "non-renewal of lease" for another 30 days. Unless you haven't paid rent, he...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: My landlord threatened to end our lease agreement although it doesn't say anywhere in the contract that he can do that?

he doesnt want to fulfill what's in the contract. He gave me options whether I stop asking him for things based on the contract or he will take me to court and exercise the letter of law. I am a paying tenant, I never pay my rent late, even during my business' shutdown due to COVID19. I... Read more »

Wesley Winsor
Wesley Winsor answered on Jul 13, 2020

Hello,

I am sorry that you are in this situation. I am not sure that you have a question in your comments. It does sound like you are on the right side of the law and you could start enforcing the breach of contract actions that are most likely listed in your agreement. Maybe there is a...
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2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: HOA Put cloud on title for fees outside statute of limitations causing cloud on title. What remedies do we have?

The HOA sent an invoice for years outside the statute of limitations that were never given to the heirs until after the owners death.

When the owners went to sell, the hoa put a cloud on the title to collect the full amount, even though most of it was outside of the Nevada Statute of... Read more »

Wesley Winsor
Wesley Winsor answered on Jul 8, 2020

Hello,

I am sorry for the issues you are dealing with. You would first need to look at the CC n R's to see if they have a valid claim, this is more of an HOA issue than business law. I am sorry I can't be more helpful. I would hire an attorney that deals this area, there are...
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2 Answers | Asked in Contracts and Collections for Utah on
Q: What steps do I need to take to sue someone in a different state

Old roommate broke lease when we moved out a month early, we paid rent to her for last month of lease and she moved out right after us breaking the lease which she was also on, we were sued and had to pay full amount plus interest and fees as she moved to California

Wesley Winsor
Wesley Winsor answered on Jun 26, 2020

You don't have to sue her in California, you only have to get her served there. You can sue her in Utah. I would suggest going through the small claims court here. If you know where she lives, then file suit here, hire a process server to serve her the summons and complaint, if she... Read more »

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1 Answer | Asked in Business Law for Utah on
Q: I'm wondering if it's legal for me to offer my professional services at a discount for marginalized groups of people.

I'm in Utah and a sole proprietor. There is no legal issue against me, just asking as I'm trying to figure out ways to give back to my community right now.

Wesley Winsor
Wesley Winsor answered on Jun 8, 2020

The answer is most likely, "yes". I am not sure what your services are and you may have different regulations imposed if you are a Doctor or something like that not to mention contractual limitations if you have any way. Sounds like you don't if you are a sole proprietor.... Read more »

1 Answer | Asked in Business Formation and Business Law for Utah on
Q: Which business structure should I choose?

A close friend and I are trying to start a business. It's based around an iOS app with services in the Pet Industry. We are trying to choose a business structure, and are unsure of which to pick. We are currently looking between an LLC or LLP. Is this the right choice for us?

Wesley Winsor
Wesley Winsor answered on Jun 5, 2020

LLC's are simpler. Unless you need to split up liability between you and your friend or one of you is only a passive investor, I would recommend an LLC.

1 Answer | Asked in Estate Planning and Legal Malpractice for Utah on
Q: what can i do about being billed for a court appearance that my lawyer did not attend?

we hired an attorney to write three amendments to a living trust. my mother was on her death bed and the attorney was out of town so he instructed us to see his paralegal and give her the instructions and he would meet with us at 8:30 am the following tuesday for her to sign the papers and then he... Read more »

Wesley Winsor
Wesley Winsor answered on May 15, 2020

I am not sure I understand the question. This is a strange happening indeed. I am sorry for your loss. Trust amendments are not typically filed in court. In addition, in the creation/modification of a trust there usually isn't court appearance either unless it was an irrevocable trust and... Read more »

1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My boyfriend named me as primary beneficiary on a life insurance policy. How do I get a copy of the death certificate?

His relatives will not give me a copy of the death certificate. There is no trust or will.

Wesley Winsor
Wesley Winsor answered on May 12, 2020

You can still obtain one for yourself while filling out the application.

https://vitalrecords.utah.gov/wp-content/uploads/Death-Certificate-Request-Application.pdf

In the applicant box you would check other, and put "beneficiary of life insurance" and attach a page from...
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1 Answer | Asked in Probate for Utah on
Q: what other factors determine how much i would be entitled as far as my deceased father estate goes?

also would a interest on property file filed with the court be enough for the house to not be able to be sold.. while i get council and find best lawyer to get started with probate or whats the next step? or 1st step. remember his bank accounts and proeprty is being sold by my younger sibling as... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 22, 2020

Hello,

I feel like I missed the first half of the story, but here are some issues you will need to think through as well as some explanation of Utah Law.

First, let's make sure that we are both understanding the language that we are using. When I say estate, I mean all property...
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2 Answers | Asked in Estate Planning and Probate for Utah on
Q: My father trusted that my brother would honor his wishes after he passed. regarding his life insurance.

not only has my brother been selling alot of the belongings he is claiming there is no life insurance. Just last year my dad mentioned to me how much i would be getting. i hated when he brought that subject up. especially when we were literally burying his dad the last time he mentioned it. My... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 20, 2020

Hello,

Life insurance is a different matter, by contract the life insurance company will have to pay whomever is listed on the beneficiary line. If you father and mother were married at the time of your father's death and your mother is still living, there is a good chance that she...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Lease only signed by tenant, not approved or signed by landlord. Is this a legal contract since not signed by both?

I signed a lease online for the time of August 2020 to move in. This particular landlord had told me my lease was not approved and signed by them and that I needed to sign another paper and give my proof of income. I called a couple weeks later due to the hardship of this COVID19 and told them we... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 9, 2020

If the Landlord told you that it was not yet approved that there was something else you had to do in order to get it approved, then your "offer" to lease was not "accepted" yet. You can withdraw your offer at any time prior to "acceptance".

The burden of...
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