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Step stepfather had structured settlement payments that passed to my mother when he died. Her lawyer was her payee for those payments and now she has died. He sends me the monthly checks. My sister and I do not trust him and hired an estate planning attorney. He filed probate and put a creditor ad... View More 
answered on Jun 10, 2024
Thank you for sharing your situation with me regarding the structured settlement payments that have passed on to your mother and are now distributed to you by her lawyer. I understand the concerns you and your sister have regarding the handling of these funds.
In terms of when you can start... View More
answered on Jun 3, 2024
Hey there!
I'm so sorry to hear about your grandfather's passing and the complications surrounding his car. It turns out, in Utah, verbal Wills aren't recognized - it's all about having everything in writing. Here is a link:... View More
My mom's revocable Trust was not notarized or recorded and no witnesses. My sister filled in the date with her handwriting but my mom was on a trip overseas with me on that date. Not sure when the Trust was actually signed but it was definitely not signed on the date next to the signature.... View More
answered on May 8, 2024
Hey there,
I completely understand your concerns about the date next to the signature on your mom's Trust document. While it may not automatically invalidate the Trust, it does open up the possibility of scrutiny and potential challenges in the future. It's definitely something to... View More
Hello, I am a small business owner operating in Utah. I have been leasing since 2019 and not too long ago, the landlord sold the entire building including my contract to a new owner. Couple months ago, a manager from the new landlord came and brought with him a person with camera (looks like a... View More
answered on May 1, 2024
Hey there! I'm sorry to hear about the situation you're facing with your business privacy concerns. It's definitely unsettling to find out that your business operations are now exposed on Google Earth without your consent.
Firstly, it might be a good idea to review your... View More
answered on Apr 22, 2024
In Utah, there is no set percentage for what a nonprofessional (family member) trustee can charge a family trust. Compensation is typically based on what is reasonable given the duties performed, the time involved, and the complexity of the trust administration. The trust document may specify the... View More
Tell them of a situation that happened?
answered on Apr 10, 2024
In Utah, it is illegal and unethical to yell at or belittle residents in care facilities. State regulations, specifically under the Utah Administrative Code R432-150-12, protect residents from mental and physical abuse. Such actions can be reported to the facility management, the Utah Department of... View More
At the time I was working the deal
I guessed the mileage and stresses it was a guess. When signing the contract the dealership had me sign a blank odometer statement as again, I didn’t know the mileage off the top of my head. We completed the deal and the sales person accompanied me... View More
answered on Mar 7, 2024
Hey there,
It's essential to understand that preventing someone from filing a lawsuit isn't something you can do preemptively. The crux of the matter will likely revolve around the contract you signed. It's worth asking if there was a specific trade-in agreement or similar... View More
I would like to start teaching cello but not accidentally commit tax fraud.
answered on Mar 5, 2024
It's great to hear about your interest in teaching cello! To ensure you navigate this new venture without any tax-related issues, it's crucial to meticulously record all your expenses and income. This will not only help you manage your finances better but also simplify your tax filings.... View More
My husband wrote a 3 year lease. We just got divorced. Can I renegotiate the terms and get his name off the lease? The HOA increased and the rent does not cover all cost associated with the property. Is there anyway I can change the lease to a yearly lease? Or increase the rent to cover the... View More
answered on Feb 26, 2024
Landlords may consider renegotiating a lease to adjust terms, such as increasing rent, but it's crucial to remember that tenants are not obligated to consent. This is because tenants currently hold an enforceable contract. Alterations to the lease terms require mutual agreement unless the... View More
I wasn't notified when my father passed on. My father's favorite 2 children are still living, no contact. He didn't want 3rd girl, my other siblings both died in their 40's, medical issues. My father said way back he had a trust & I was on it but later returned to his... View More
answered on Jan 22, 2024
I understand your concerns regarding your father's family trust and the uncertainty surrounding your inclusion in it. Trusts are indeed private documents, and it can be challenging to ascertain whether you are a beneficiary without direct communication from the trustee.
To begin your... View More
answered on Jan 9, 2024
It seems like you're inquiring about alternative legal terminology for "a company of..." in the context of a DBA, which stands for "doing business as." Just to clarify, a DBA is simply a declared alias that a company or an individual is using for their business activities.... View More
They say they didn’t require it but they bribe with lower rent if you sign early.
answered on Jan 5, 2024
Certainly, it's within legal bounds for your apartment management to offer a lease renewal before your current lease concludes, provided they've been transparent about the process. This is often done to ensure tenancy continuity. If they've proposed an incentive for early renewal,... View More
A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.
answered on Jan 5, 2024
It's essential to review the terms of the contract and the addendum closely. If the agreement specifies a fixed rate for a certain period, any increase that contradicts this would not be permissible. Ensure that the addendum, which is part of the lease, does not grant the landlord the right to... View More
I have a very small tile installation business. I am both licensed and insured. I recently completed a shower for a client who claims I cut a hole on a tile "too large" and that the valve wouldn't fit. I cut the hole to a standard valve size which also matched the one below it. He... View More
answered on Dec 12, 2023
Hello,
You probably have nothing to worry about. The home-owner is likely trying to see if you will pay something. Until he gets an attorney involved, I wouldn't get too worked up abou it. Here is an anlaysis of it though:
In general, the legal standing of a client's... View More
The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.
answered on Nov 6, 2023
Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More
I started working for a program that advertised and was written in my onboarding documents as paying 16 hours per day. They have since asked for the same level of comitment and hourly work but only will allow me to report 13 hours without getting approval beforehand for overtime. I never signed any... View More
answered on Oct 6, 2023
Hello,
Utah is an at-will employment state. Meaning that either one of you can terminate the employer/employee relationship at any time for any reason.
From your description, I am not sure if you are a 1099 employee or an actual employee. Unless you are on salary I don't see... View More
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
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