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Questions Answered by Wesley Winsor
1 Answer | Asked in Landlord - Tenant for Utah on
Q: Question about tenant guest-banning rights

If a tenant is renting a room in a house where the owner of that house also lives can the tenant ban guests that the owner has said are ok to be there?

Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

Hard to say w/out seeing the contract. A tenant may exercise exclusive control over some areas, probably their room and private space, but would not have the legal right to ban a guest of another tenant/owner from a common area space.

I hope this helps.

Wes

1 Answer | Asked in Legal Malpractice for Utah on
Q: How is this even legal .. and why doesn't everyone know this .. what the hell is really going on? Everything is a lie..

I just want truth. This is man made and patenend to be what be biowarfare

Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

I do not see a question.

1 Answer | Asked in Workers' Compensation for Utah on
Q: I have a contract in place to go work in Canada for the next 2 months. Because of the virus, I can't. Losing $25,000
Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

I am not sure what your question is. I don't see a question.

1 Answer | Asked in Probate for Utah on
Q: How do I find out if my grandfather had a will.....

I met my grandfather (on my dads side) in 2000 over the phone when he was speaking with my grandmother (moms side) he was in Utah I was in Seattle, I moved to Utah latr October 2019 I called him we were gonna meet face to face that Thanksgiving well he didn't show, then never answered his phone I... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

Hi,

I am not sure where you are at in your knowledge about estate planning, so I will give you some background then answer your question.

Background:

If your Grandfather put you in his will whomever the executor/personal representative is will need to notify you if you are...
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1 Answer | Asked in Consumer Law, Personal Injury, Business Law and Federal Crimes for Utah on
Q: This may be stupid but i have to know, Can I sue McDonald's and Other Companies Involved in Monopoly?

I am finding out for the 1st time EVER that the monopoly games were fixed and I am devastated! As a young woman,teenager, &single mom, i spent every bit of my weekly allowance, money earned from babysitting, mowing yards, odd jobs,and money from my 1st waitressing job on the monopoly game. EVERY... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

When you say that the monopoly game was fixed, I am not sure understand. Did they misrepresent anything? Did you read their fine print of the rules and find out that they were lying? If so they could be liable. If you thought your chances of winning were better than what McDonalds represented... Read more »

1 Answer | Asked in Contracts for Utah on
Q: Do i have 3 days to cancel a lease agreement
Wesley Winsor
Wesley Winsor answered on Mar 20, 2020

You only have 3 days to cancel the lease agreement if the lease agreement gives you that option. There is no state or federal statute that will give you that right. If the place is deficient or "uninhabitable" then you would be able to cancel on the ground that the Landlord is breaching a major... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Utah on
Q: My uncle did some fraud to me and my family concerning my grandfather's will.

My uncle who was the executor for my grandfather's estate will not provide a will . iam in the will stating me and my jids can live there in his house under we pay utilities and house taxes. My uncle changed the locks broke into my sons room went threw all of our stuff and threw a lot of mine and... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 9, 2020

I am sorry for what you are going through. If you haven't seen the will how do you know you had a right to live in the house so long as you paid utilities?

This sounds like it would be very difficult to reverse what has happened as the house is now owned by someone else. If you are...
Read more »

1 Answer | Asked in Estate Planning for Utah on
Q: My dad passed away and I am the executor of his trust. There are 6 beneficiaries. My sister is one of the beneficiaries

and she is mentally ill. She won’t sign the waiver of notice. We have filed for probate. The lawyers secretary told me the court will now send notices to the beneficiaries. What happens if she doesn’t sign or do anything? I may need a new lawyer, we went to the one my dad set the trust up with... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 9, 2020

If you already have a lawyer, this question would be best posited to him/her as they have all the facts. A waiver is nothing more than a statement from a beneficiary that says, you don't have to give me notice about the case. It doesn't make them forfeit any inheritance. When a beneficiary signs... Read more »

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: My parents died 33 and 35 years ago. Do I still need to probate there home. I'm only child!

I want to sell there home no one has lived in in25 years!

Wesley Winsor
Wesley Winsor answered on Feb 27, 2020

Hello,

The short answer is yes, if their names are still on the title, yes you will need to invoke the power of the Court to transfer title. You can either have the Court declare that you are the title holder, or you can be appointed as personal representative to deal with the property and...
Read more »

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3 Answers | Asked in Estate Planning for Utah on
Q: Father passed away with no will, He has 5 children 3 oldest kids with his first wife who he had divorced later and 2

3 oldest kids with his first wife who he had divorced later and 2 outside of marrige. who legally has the rights over property? Youngest child is saying he has the right to say who gets what because he is the benifacary for life insurance plan from fathers work

Wesley Winsor
Wesley Winsor answered on Dec 2, 2019

Yes, the life insurance beneficiary will get whatever it says in the contract and will pass outside of probate or the laws of intestacy.

All five children have an equal right to be the person in charge (personal representative), and also will inherit equally under the laws of intestacy....
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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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