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Questions Answered by Wesley Winsor
1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: I recently purchased a puppy. I was charged more than the amount on the contract.

The contract price was $2,035. I was charged $2,700. I did not even realize it until now. Am I entitled to the $665 back?

Wesley Winsor
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Wesley Winsor
answered on Apr 22, 2022

Yes,

You are. If the contract had price listed as $2,035, and they charged $2,700, then you are due a refund of the amount. Have you contacted the seller yet? I can't imagine that they would have a problem issuing a refund.

Contact them first and as soon as you can. This...
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1 Answer | Asked in Estate Planning and Real Estate Law for Utah on
Q: Should an LLC be formulated in the state at which I reside or the state in which my rental properties are located?

2 rental properties in Utah in which I am the sole owner, I reside in WA. I formulated an LLC in Utah but never used it \. Would like to reuse that LLC but the address is under a former business partners address that lived in Utah. I am now sole owner of LLC. I already have a seperate bank... Read more »

Wesley Winsor
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Wesley Winsor
answered on Mar 21, 2022

Best practice is to set up an LLC where the real estate is located. We can update addresses and registered agents as well as ownership information in order to bring your business information current.

If you don't have the LLC in the same state as your real estate you will often have...
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2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: If my lease is ending do I still need to give my apartment complex 60 days notice before moving out?

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.

Wesley Winsor
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Wesley Winsor
answered on Mar 21, 2022

The contract terms are most likely enforceable. The best thing you can do is ask them to waive the notice period and find them a replacement tenant. Good luck.

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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
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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 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
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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
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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...
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1 Answer | Asked in Probate for Utah on
Q: My dad passed away in 2005 and he left when I was born so I had never met him no clue if there was a will or not and I

Noticed that in his obituary it had listed 3 children which are three sisters I never knew about and not me not sure what to do.

Wesley Winsor
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Wesley Winsor
answered on Jan 3, 2022

Hello,

I am not sure about your question. What is it that you want to do? If you have an interest in trying to collect from your Dad' s estate, you would first need to see if a probate action was filed. I would look in the district where your Dad last resided. It would be an uphill...
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2 Answers | Asked in Probate for Utah on
Q: My husband's brother died no will. But a forgery has appeared in the hands of his business partner. He had no children.

His wife has been dead a while. You can see the document is fake. There are 8 siblings alive, one is his wife's sister. There's a 10-acre parcel that half belongs to the deceased wife. Do we give her half to her sister? We already know the greedy Will forger won't prevail. Just want... Read more »

Wesley Winsor
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Wesley Winsor
answered on Dec 20, 2021

The law of intestacy (those who died without a will) governs the distribution of the estate. If your husband's brother's predeceased wife held title at joint tenants with the decedent brother, then title would pass to the decedent brother. At your deceden't brother's passing,... Read more »

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2 Answers | Asked in Estate Planning, Banking, Collections and Elder Law for Utah on
Q: Is the surviving spouse responsible for the debts of the deceased spouse
Wesley Winsor
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Wesley Winsor
answered on Nov 22, 2021

Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The... Read more »

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1 Answer | Asked in Agricultural Law, Business Formation, Business Law and Communications Law for Utah on
Q: Threaten me with a cop to my house

I used to asked for a ride for about a week to this lady about 56 she said yes I them needed another ride for two weeks I asked she said yes. I willingly start giving her money for gas so I won’t feel bad even though it is on the way. We started being friends and started going out after work... Read more »

Wesley Winsor
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Wesley Winsor
answered on Oct 22, 2021

No,

If anything, this would be a civil matter. A cop will not get involved in this capacity. If she feels her claim is strong enough, she will sue you. Until then just ignore it and or block her number if she continues to harass you.

I hope this helps.

Wes

2 Answers | Asked in Arbitration / Mediation Law, Probate and Estate Planning for Utah on
Q: How do I get a tax id number on my family trust I'm trying to collect on a annuity and don't have the actual trust
Wesley Winsor
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Wesley Winsor
answered on Aug 23, 2021

The actual obtaining of the EIN for the trust is a relatively simple matter, but you really need to establish your authority to do so.

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1 Answer | Asked in Estate Planning, Tax Law and Probate for Utah on
Q: What kind of tax is applicable (estate or income) on the dividend distributions made to decedent after his death?

Decedent received dividend distributions after his death. Does Estate have to pay estate tax or income tax?

Wesley Winsor
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Wesley Winsor
answered on Aug 13, 2021

Hi, dividend income would be considered income tax. The estate tax has to deal with the total amount of value passing from the decedent to others. So, it can be counted as both--income when received by the estate and an amount chipping away at the estate tax exemption credit. Most people are not... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Probate for Utah on
Q: Is cash in the savings account of the non resident alien decedent taxable by the federal estate tax?

IRS states as follows in their website

The property includible in the U.S.-situated gross estate for a nonresident not a citizen includes only assets “situated” in the United States, such as:

1. U.S. real estate,

2. All tangible property located in the United States,... Read more »

Wesley Winsor
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Wesley Winsor
answered on Aug 13, 2021

Cash is considered tangible personal property. In your case, money held in the bank would either be deemed "cash" or "intangible" property.

I hope this helps.

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
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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 Animal / Dog Law, Estate Planning and Probate for Utah on
Q: My neighbor, a close friend, asked me to take his dog when he died. He died of cancer last week.

When he was alive, he told me that he put his dog in his will and specifically told me that it was important (he was acting very cryptic and secretive about it). His estranged wife keeps asking me if I'm going to keep her. I told her yes, and that I suspected my friend (her estranged husband)... Read more »

Wesley Winsor
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Wesley Winsor
answered on Apr 26, 2021

If you are to receive his dog (which is deemed "property") then you are a beneficiary of the will. As such, you are entitled to see the Will unless the Will says otherwise (something like, no beneficiary is entitled to a copy of the will and will be subject to judicial review only).... Read more »

2 Answers | Asked in Estate Planning for Utah on
Q: What happens with a family trust wherein one of the heirs does not cooperate with the trustees?

Can the trustees bypass that heir and have it closed anyway? Does an heir who is uncooperative with the trustees and their attorney have any rights to contest what the trustees have done with the trust? The uncooperative heir is myself because of the dysfunctional relationships in my family. Thank... Read more »

Wesley Winsor
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Wesley Winsor
answered on Mar 8, 2021

I agree. Ultimately if you have a valid reason for not cooperating, then you don't have a lot to worry about. It is never a good idea to be frivolous withe the Court system. Typically, the resources of the Court are less than are needed.

The trustee will likely be able to move...
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1 Answer | Asked in Business Law for Utah on
Q: how we can transfer of Chapter 7 Corporations Sole , from one successor to another successor in ligal way need lawyer

Need lawyer

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Feb 24, 2021

Hello,

In order to transfer ownership of a corporation to another you will transfer shares. The other way to do it is to transfer the assets of the corporation by means of an asset purchase. There are benefits and drawbacks to both ways. I suggest we book a consult to discuss this...
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1 Answer | Asked in Estate Planning, Probate and Securities Law for Utah on
Q: What are my chances to force a publicly traded company to lift the restrictions on stock in the court I have inherited

I am about to inherit restricted stocks from my father who was an insider in the company. I dont know what the restrictions are exactly yet, but whatever they are, can I and how likely can I succeed to force the company to lift those restrictions in the court?

Do they need to have... Read more »

Wesley Winsor
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Wesley Winsor
answered on Feb 3, 2021

Hello,

That questions is difficult to answer. If your Dad died while working at the company, perhaps the stock will come restriction free. Usually restrictions are in place to prevent insider trading, so if there is no chance at insider trading anymore, they may lift them. Other...
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1 Answer | Asked in Probate for Utah on
Q: My husband's mother died 30 years ago and whoever's is handling his inheritance there procrastinating on giving details.

They won't give him any details on how much it is or how long it's going to take them to get it to us. I mean 30 years, its been long enough can you help us what are the laws. They finally got ahold of him because of ottit

Wesley Winsor
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Wesley Winsor
answered on Jan 26, 2021

The first thing you should try to do is to get a hold of the estate docs. The Will and/or Trust. These documents will speak to your right to demand an accounting or other information. If they don't then you will be looking to the Utah Probate code or Utah Trust code to see if you have rights... Read more »

2 Answers | Asked in Contracts for Utah on
Q: We want to cancel a contract with an HOA management company. There is no termination clause. Can they hold us in?

We have a 5 year contract with a property management company. The HOA board feels that the management company has failed to meet its duties and it is not likely to change. We want to cancel the contract. They have refused to let us out and say that they will only let us out if we pay the... Read more »

Wesley Winsor
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Wesley Winsor
answered on Jan 19, 2021

I agree you should consult an attorney with your contract. Just because there is not an "early termination clause" doesn't mean that they won't suffer damages if you end the contract early. The amount of damages will likely be the lost profits on the contract, but if you have... Read more »

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