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Questions Answered by Wesley Winsor

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 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 answered on Aug 20, 2019


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 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 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 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.


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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 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 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 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 answered on Apr 23, 2019


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.


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 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 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 »

2 Answers | Asked in Estate Planning for Utah on

Q: If a trust specifies a yearly distribution to beneficiaries until all money is gone,

legally speaking isn't the money in the trust still considered the trustor's held in trust after their death until all money is gone.

the trustor had specific burial wishes and noted that there would be "plenty of money" for those wishes. Can't the money in the trust be used to fulfill... Read more »

Wesley Winsor answered on Apr 23, 2019

Hello, Good Question

The Trustor/Grantor/person who funded the trust is separate and apart from the trust itself. Depending on the form of the trust whether revocable or irrevocable the Trustor can retain some or all of the rights to direct the disposition of the property while they are...
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2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for Utah on

Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

I am about to launch a website that will help Physician Assistants and Nurse Practitioners get the information they need/want to help with the medical license processes. I have been working at a medical staffing firm for a while and I have some great inside knowledge about these processes, but I... Read more »

Wesley Winsor answered on Mar 29, 2019


I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly...
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1 Answer | Asked in Estate Planning and Elder Law for Utah on

Q: Can the executor of a Utah estate be the sole beneficiary also (disinheriting children)?

Mother refused to make will. Her sister, who she very much disliked, decided Mom was mentally incompetent and had herself named Legal Guardian. Mom is then sent into assisted living and quickly passes away. Now her sister is saying the estate is completely bankrupt, mom made a will naming sister... Read more »

Wesley Winsor answered on Mar 13, 2019

The answer to your questions is, "yes" an executor can be the only named beneficiary of an estate. It happens all the time when there is only one child remaining or there are two children and one of them has become estranged.

You stated that your aunt, whom your mom disliked, became your...
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1 Answer | Asked in Child Custody and Civil Rights for Utah on

Q: I am trying to get my son back from my ex boy friends sister. She will not release him to me. How can I get my son

My ex was arrested for murder. My son is in custody with my ex boyfriends aunt. There is no custody arrangement. I just want to get my son I have been trying for the last 2 years but the father would not let me see him and left with my son to another state. I have spoke with law enforcement and... Read more »

Wesley Winsor answered on Mar 4, 2019


I am not a family law attorney, but as I understand it, as long as your parental rights have not been terminated, your custodial rights should trump anyone else's except for maybe the father.

So if you just picked him up and took him home, it would be in within your rights. I...
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1 Answer | Asked in Real Estate Law for Utah on

Q: as the Grantor can i have a virginia quitclaim deed notarized in utah?

as per my divorce settlement, i am required to file a quit claim deed for joint property in virginia, however i now live in utah.

Wesley Winsor answered on Mar 4, 2019


You can sign a deed and have it notarized here then record it in Viriginia. Utah Notarized documents are respected and honored in Virginia or anywhere else in the U.S. for that matter.

1 Answer | Asked in Identity Theft and Lemon Law for Utah on

Q: Why are law schools still admitting law students when the legal market is over-saturated?

Wesley Winsor answered on Mar 4, 2019

You question smacks of cynicism, but I'll play along. The simple answer goes back to economics. They are offering a product, a J.D., for a certain price and there are willing buyers at that price (students matriculating).

That being said, I don't know a single attorney who has been...
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1 Answer | Asked in Real Estate Law for Utah on

Q: I am buying out my co-owner on a residential home for an agreed amount of $62,350.

Our agreement is he gets $50,000 now and signs a warranty deed and the balance of $12,350 after/when the house is sold in the very near future. Is it to my benefit to use a promissory note of a trust deed for the $12,350

Wesley Winsor answered on Mar 4, 2019

Not sure I understand. He is signing the deed now? If so then, you would be giving him the promissory note for the remaining $12,350.

Trust deeds are secured by land, promissory notes do not inherently have any collateral attached to them. As you are the borrower in this case, it is best...
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1 Answer | Asked in Contracts for Utah on

Q: Are Non Profit Organizations subject to Early Termination Fees for cancelling a service contract in Utah?

Wesley Winsor answered on Mar 4, 2019


It doesn't matter who the parties are, unless one of them is a minor or if fraud was involved. Non profits are just as liable as other people.


1 Answer | Asked in Family Law and Child Custody for Utah on

Q: Can my ex take our son out of state if we have joint legal custody / sole physical

Wesley Winsor answered on Feb 1, 2019

this is not really my area of law here, so I would encourage you to seek more advice, but to my understanding, if the ex has sole physical custody, then they can decide where to live independent of your preferences. You still have a say in medical decisions and other areas, but they have... Read more »

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