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Questions Answered by Wesley Winsor
1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: filed quit claim deeds a few years ago on the home I live in and my three investment properties but lacked capacity.help

What do I need to do to get those voidable contracts voided or what's the next step to repairing the war zone that has become my life because I'm now homeless and I've lost a lot everything my life's work forgive the errors and no punctuation I'm talking into my phone

Wesley Winsor
Wesley Winsor answered on Nov 11, 2019

Not a lot of facts to go off of here, except that you are saying that you signed and recorded some quit claim deeds a few years ago while you lacked capacity and now you want to void the deed.

If you were under duress or undue influence by the person to whom you signed them over to, you...
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3 Answers | Asked in Probate for Utah on
Q: Hello, my father recently passed away and he didn't have no will and I'm his only child. He has a estate and vehicles

My family has came to my fathers home and stole guns,harley's, ATV, gold coin collection and etc. What can I do? Help me Please... Monica

Wesley Winsor
Wesley Winsor answered on Oct 7, 2019

I agree with my colleagues. You will need to file a probate action with the Court where either your Dad lived or owned real estate. Get appointed as persona representative, and you will be able to recover the stolen assets taken by your family.

You will need to get a probate attorney to...
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1 Answer | Asked in Contracts for Utah on
Q: what elements (four corners rule) must be included in breach of contract complaint

motion to dismiss complaint was upheld by judge

Wesley Winsor
Wesley Winsor answered on Oct 2, 2019

The four corners rule basically states that the Court will look no further than the four corners of the document (contract) to determine what the terms of the agreement are. The exception to this is if there are ambiguities in the contract, if there are the Court will look for outside information... Read more »

2 Answers | Asked in Real Estate Law for Utah on
Q: Thier wasnt a will she sold the house right before she die an she had the money in her bank
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.

Wes

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1 Answer | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

It looks like this was already asked and answered.

2 Answers | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

This looks like it was already asked and answered.

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1 Answer | Asked in Estate Planning for Utah on
Q: Need to stop probate in case number 193300081 my brother jarrod was give any chance to notified to this matter

I didnt receive my intell the review date can we do something about this

Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

Hello,

You can't just stop a probate, unless you can prove that the person is not dead, I suppose that would stop it. But if you are trying to stop the personal representative from being appointed you will need to object to his/her appointment.

Wes

1 Answer | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

It looks like this was already asked and answered.

2 Answers | Asked in Contracts and Construction Law for Utah on
Q: Customer refuses to pay the remainder amount owed for work done on a construction job I did for him on his house.

So the mechanic lein is only paid if the house is ever sold.

Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

Hello,

I am sorry to hear about this. Are they claiming a defect in the work? Did you have a contract that outlined the work and timing of payments?

In any case you have two remedies, you can usually put a mechanic's lien on the real estate, which will have to paid if the house is...
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1 Answer | Asked in Estate Planning for Utah on
Q: Need to stop probate my brother want contact ed an i received my on the review date file motion to set aside

My mother passed away i took care of her an sister took everything while i was in jail how can i get what fair to me an they never contacted my brother can we do something

Wesley Winsor
Wesley Winsor answered on Aug 28, 2019

I am sorry for your loss. That is frustrating. Do you know if your mother had a will or a trust or any estate planning done while she was alive?

Were you able to see those documents? Are you sure that you are a beneficiary? If your mother didn't have anything done while she was alive, and...
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1 Answer | Asked in Real Estate Law and Probate for Utah on
Q: my dad died we lost house he had paid for need help fast

my dad passed i am benificuary on a bunch of stuff i need help getting and my dad bought a house and has over paid for it the person we bought house from kicked us out and threw away all my dads stuff and sold house we want her to pay and give us our house back

Wesley Winsor
Wesley Winsor answered on Aug 20, 2019

Hello,

I am sorry to hear about your Dad's passing. This can be a difficult time as his affairs are wound up. Who is executor or did your Dad have a will? Has anyone started a probate proceeding? If you are a child and an heir you would have probably received notice of this....
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Utah on
Q: Can I propogate succulents for fun and to earn a little extra cash?

I have been wanting to propogate succulents for the experiment and fun of it. I also hoped to sell any babies that might be successful for some extra money. However while I did some research I learned that their where certain patent laws that made it illegal for some succulents. What succulents am... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 13, 2019

This is a very nuanced area of law. I do not even dabble in this area. I thought I could provide some self-help resources though.

If you are wondering whether a type of plant has been patented, you will need to search the patent databases for whether the patent has been registered....
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2 Answers | Asked in Criminal Law and Small Claims for Utah on
Q: Person keeps product, credit card company refunds money

A person in another state buys a product from me he called me telling me it was damaged I asked him to take a photo and text it to me so I could help him with a replacement he refused then told me he wished he would have bought a cheaper one at Walmart and told me to send him a shipping label so he... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 13, 2019

No, this is illegal. He has breached his contract. The contract was made when he purchased the product. If you want recovery, you can sue in small claims for the price of the product and service fees. It may not be worth your time, but you have a cause of action.

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3 Answers | Asked in Contracts for Utah on
Q: What type of document would I use for an agreement with a supplier of a product

What type of document would I use for an agreement with a supplier of a product that has agreed to discount the sale price of their product to us in exchange for us optimizing their product listings on Amazon and working to boost overall sales of the product on the Amazon platform?

Wesley Winsor
Wesley Winsor answered on Jul 3, 2019

I agree,

This would be a customized agreement. You might use a title of "Discount Sales and Trade Agreement" basically what you are doing is utilizing trade. You are trading your seo services for a discount on their product(s).

I hope this helps.

Wes

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2 Answers | Asked in Contracts for Utah on
Q: I live in Utah. Is there a way to legally cancel a membership to a trampoline park I purchased yesterday?
Wesley Winsor
Wesley Winsor answered on Jun 17, 2019

This depends on your contract. You need to first look at the contract. What are the terms for early cancellation?

I am not aware of any state law that allows someone to back out of a contract within a certain period of time. The best advice I would give would be to look at the contract...
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1 Answer | Asked in Probate for Utah on
Q: My grandma passed away. She had a will and left everything to me. My mom is trying to evict me what can I do?

I lived with my grandma for years and took care of her. Her and my mom have been estranged for years my mom is trying to take everything and evict me even though my grandma had a will

Wesley Winsor
Wesley Winsor answered on May 20, 2019

Have you seen your grandma's will? Under what authority is your mom using to try and evict you? Was she appointed the personal representative?

If so then even though you may be a beneficiary, she can still evict you. Who has been put in charge as the personal representative/ executor/...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My mother and father kept their finances separate from each other

he bought the house, she bought everything in it. When she died, in her will she left me all of her personal belongings (a handwritten list included with the will) which shows the furniture, etc. I've left everything in place since my father is still alive and don't want him living with just a... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 23, 2019

You can't disinherit your spouse. So regardless of what the will says, your father has a right to the first $75,000 + half of whatever is left over. Do you know if they had a prenuptial agreement? Probably not right?

So yes there is a marital interest. All personal property is...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My mother left me all of possessions which include basically everything in the house. I'm leaving everything in place

until my father dies. My problem is that my brothers and their wives and children are stealing things from my father's house and they are the things my mother left me. I would like to charge them the replacement value of the item from the trust since I can't seem to get them to stop their... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 23, 2019

Hi,

I am sorry for your predicament. Who is the trustee of the trust? It is the trustee's job to safeguard the property. If they are not doing their job, then your action would be against the trustee. He or she has a fiduciary duty to possess and safeguard the property.

Wes

1 Answer | Asked in Animal / Dog Law for Utah on
Q: If I tell an individual I live with not to touch my dog and he does it anyway multiple times can I take legal action?

He's a violent roommate and has threatened to put a shock collar on her and has touched her roughly. She's 2. Ive told him multiple times to keep his hands off my dog and he kept touching her even when she was next to me and out of the way

Wesley Winsor
Wesley Winsor answered on Apr 23, 2019

Pets are property. If someone touches your property then you can sue them for trespass against property. The fact that your property is a dog doesn't really matter. Other facts that might matter are those that would weigh in on evidence of the wrongful touching. Things like, does the dog go... Read more »

1 Answer | Asked in Child Support for Utah on
Q: My ex and I had a verbal agreement that he would pay me child support monthly, he is currently behind 4 months

Our child is 11 and we have only had this agreement for about 2 yrs. Can I file for child support and receive back child support?

Wesley Winsor
Wesley Winsor answered on Apr 23, 2019

This is not my practice area, but I will weigh in as no one else has. Enforceable terms of child support should have been taken care of or addressed in the divorce decree (assuming you were once married). Those will govern. If not in the divorce decree or there never was a divorce decree or court... Read more »

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