When our mother died, one brother had been appointed “personal representative”, and at the same time I was appointed “attorney-in-fact”. Does the the attorney-in-fact have any authority or say so in the handling of the estate or is it solely up to the personal representative to see that the... View More 
answered on Sep 1, 2023
You are right in your understanding that any power of attorney that has been given by the principal (the person who is giving the authority to an agent) expires upon their death. The reasoning for this, is that you cannot be an agent for a dead person. There is no way to see whether the agent is... View More
I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of... View More
answered on May 31, 2023
The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to... View More
I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.
answered on May 30, 2023
You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.
If you are just using the word "contract" as a... View More
answered on Mar 20, 2023
Hello,
Depending on what you are signing. Normally you would set up a manager for the LLC and have the person sign in their capacity as a manager.
If you are signing the articles of organization, then the S-corp manager would sign in their capacity as a manager.
I am... View More
They have not fulfilled their end of the contract and now owe me $12,000. They are no longer answering my messages and I would like to get this money back as soon as possible.
answered on Nov 21, 2022
You will first need to look to the contract provisions to see what they say about arbitration. If the other party is nonresponsive, then you could likely set up the arbitrator, give them notice of the time and place of arbitration and if they don't show up then the arbitrator can give you a... View More
In Utah this is important because anything inherited by my stepmother through joint tenancy offsets what she would inherit of my father's other assets that were solely in his name.
answered on Nov 14, 2022
You should look to the operating agreement (if there is one) to see how the decedent member's interest is handled. If there isn't one, then an LLC interest is considered personal property and if acquired during marriage would be considered as being held in joint tenancy.
I hope... View More
I received a letter stating I can make payments on repaying a sign on bonus back they gave me the information to put on the check but never told me where to send it or anything like that, I’ve reached out multiple times and received no response what actions do I need to take on either paying them... View More
answered on Sep 23, 2022
If you are obilated to pay back the signing bonus, just go to their website or look up their business on the state business registration website https://secure.utah.gov/bes/index.html and send a certified check in the mail to their address.
Just because they haven't responded... View More
The child and grand father are the only names on the acct. The grandfather opened it in her name when she was a baby after the childs father passed away. The grandfather passes and the only 2 names ever on the acct are the child and the grandfather. Can the grandmother pull out the money without... View More
answered on Aug 31, 2022
This depends on the ownerhip of the account. If they owned the account as joint tenants with rights of survivorship, then the grandmother would only be able to access the account if she were claiming some spousal share of her husband, but she would first have to go through a court proceeding to get... View More
The husband might even be willing to sign an Affidavit giving her son the inheritance?
answered on Aug 12, 2022
Hello,
The best thing to do would be to talk with an attorney. By statute, you cannot disinherit your spouse without their permission. I would encourage your mother to get a post-nuptial agreement and then engage in estate planning. I would normally recommend that she set up a trust so... View More
He told me despite trying both arms he was just going to “unplug” me because they weren’t getting any plasma from me. He turned off the machine, and immediately after, another worker standing by realized he had turned off my machine before giving me any of my blood back. They hadn’t... View More
answered on Aug 22, 2023
I would guess that you were donating plasma. I have personally been through that process and I know that you have to sign waivers and acknowledge that you are taking certain risks associated with the process. I think it would be an uphill battle, but you may want to talk to a medical malpractice... View More
Hello! I would like to start a business entity that offers business analytics services and business process recommendations for free. I'm doing this because I want experience doing analytics and consulting not to make money right now. Is there a business entity I can set up that reports no... View More
answered on Aug 16, 2023
yes, you can provide free services to people. Tax returns are required for businesses and individuals who make income.
A simple business to set up would be a single member LLC.
If one learns one has been named a defendant in a federal civil suit prior to actually being served (say, for instance, by coming across the complaint while reading other cases), does the 21-day "clock" start counting down to respond from the moment one first becomes aware one is a... View More
Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.
answered on May 22, 2023
It is legal and reasonable for them to ask for and make any payment of a relocation package that they are offering to you contigent on verifcation of the relocation.
You don't have to give it to them, but it would be reasonable for them to withhold pay for relocating until... View More
My wife's family owns a trust in Colorado that produces quarterly oil royalty checks. The checks come from Colorado. Her dad passed 20 years ago so his checks have been going unclaimed in Utah. What state(s) would she need to hire an attorney in order to claim the unclaimed property and to get... View More
answered on Mar 20, 2023
Yes, I agree. The principal place of administration of the trust would be where you would need to file a probate action. I hope this helps.
Wes
Tenets during that time in the beginning of the COVID-19 Pandemic
answered on Feb 13, 2023
If it were a wrongful eviction, you would need to prove damages. Do you have good evidence that it was a wrongful eviction? Also, that you suffered damages? I would not advise, based on the limited facts, that you pursue this. You are likely to spend more money in litigation and attorney's... View More
My husband, myself, our 2 daughters, and another person are beneficiaries. The supposed trustee is an unlicensed attorney in Guam who is represented by my brothers former law partner. And that guy says we cannot communicate with the trustee at all, but just go through him (the former law partner of... View More
answered on Oct 19, 2022
I agree with the assessment, but I am not sure what your question is.
The check engine light came on just a few days after driving it home and the brakes were so bad it was scary to even drive. I'm also paying over $35,000 for a vehicle that isn't worth $11,000 at least not with the shape it's in.
answered on Sep 20, 2022
Hello,
I am sorry to hear that you are having trouble with your car. I am unsure what you are asking when you say "emissions being done". Are you asking whether a dealership has a duty to make sure the emissions are compliant with state law prior to sale? Or are you saying something else?
Wes
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?
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... View More
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... View More
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... View More
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.
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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