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Questions Answered by Wesley Winsor
1 Answer | Asked in Contracts for Utah on
Q: Can I quit my job anytime ?

I work at Thuisbezorgd and the employer told me that I have to stay for minimum 3 months to work there. I need some fast money and the fastest way was to work here, because it’s flexible and I can make money pretty easy. So I decided to work here. Also, there is a probatory month which I can quit... View More

Wesley Winsor
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Wesley Winsor
answered on Nov 7, 2024

In Utah, employment is generally considered "at-will," which means that an employee can quit their job at any time without providing a reason or notice, and similarly, an employer can terminate employment at any time, barring any illegal reasons such as discrimination. This principle... View More

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Utah on
Q: if i inherited my mothers house and the ooan is still in her name 8 years after her death is there a way to discharge th

The loan? Is there any way that the statue of limitations has reached its expiration date since the loan is not in my name?

Wesley Winsor
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Wesley Winsor
answered on Oct 21, 2024

It sounds like you're dealing with the process of managing ownership and financial responsibilities for a property following the passing of your mother. Here's a summary of the key points and steps you might consider:

1. **Determine Property Ownership:**

- Check if the...
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2 Answers | Asked in Estate Planning for Utah on
Q: How do I find out if I was named in a trust? How do I find out if my kids were on a trust?

My dad passed away and prior to his passing, his condo burned down and needed rebuilt. Is there somewhere I can search to find the trust my dad said was set up? I don't have any idea who the trustee is or the executor of his will. I'm concerned his will was destroyed in the fire a year... View More

Wesley Winsor
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Wesley Winsor
answered on Sep 5, 2024

I concur with Mr. Prigmore. Additionally, I would mention that while it is possible, it's quite rare for individuals to file copies of their will or trust with the Court after signing them. Most people value their privacy and choose to keep these documents with their personal belongings,... View More

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1 Answer | Asked in Estate Planning for Utah on
Q: Our lawyer advised us to wait a year to access estate funds after our mother's death and is now not answering our calls.

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

Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Probate for Utah on
Q: My grandfather verbally willed me his car, but he died before giving me the title. How can i put the car in my name?
Wesley Winsor
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Wesley Winsor
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:...
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1 Answer | Asked in Estate Planning for Utah on
Q: Can Trust date next to signature be different than the date trust was actually signed?

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

Wesley Winsor
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Wesley Winsor
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...
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2 Answers | Asked in Contracts and Business Law for Utah on
Q: Small business owner's privacy violated?

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

Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Estate Planning for Utah on
Q: What is the percentage a nonprofessional ( a family member) trustee can charge a family trust?
Wesley Winsor
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Wesley Winsor
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

1 Answer | Asked in Elder Law and Health Care Law for Utah on
Q: Is it legal to yell and belittle a resident/patient of a care facility? Can a employee of a care center search a friend

Tell them of a situation that happened?

Wesley Winsor
PREMIUM
Wesley Winsor
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

1 Answer | Asked in Contracts for Utah on
Q: I recently purchased a car. I had 3 vehicles that I traded for 1. I didn’t know the exact mileage of 2 of the vehicles

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

Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Business Formation and Business Law for Utah on
Q: How do you start a self-employed private service provider?

I would like to start teaching cello but not accidentally commit tax fraud.

Wesley Winsor
PREMIUM
Wesley Winsor
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

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I renegotiate a lease before it’s expired?

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

Wesley Winsor
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Wesley Winsor
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

1 Answer | Asked in Contracts and Estate Planning for Utah on
Q: I know my father had a family trust. I doubt he ever put me on it. How do I search just in case?

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

Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Business Formation, Business Law and Government Contracts for Utah on
Q: When referring to a DBA, is there any other legal term that can be used instead of "a company of.."? Like for websites?
Wesley Winsor
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Wesley Winsor
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

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is it legal for apartment management to get you sign a lease agreement for the next year before your lease is up?

They say they didn’t require it but they bribe with lower rent if you sign early.

Wesley Winsor
PREMIUM
Wesley Winsor
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

2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is an addendum a form of a lease?

A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.

Wesley Winsor
PREMIUM
Wesley Winsor
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

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1 Answer | Asked in Business Law and Construction Law for Utah on
Q: My previous client is trying to bill me for a valve he purchased. What legal standing does this have?

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

Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Utah on
Q: If sales rep lies about a POS system and put us on a lease but we returned it w/in a week do we need to pay a buyout?

We request services from clover for our online business that has a rolling menu. We were under the impression we needed this device in order to help build a website and receive payments. The agent explained to us that it can do this and the monthly cost was roughly only 45$ a month. When asked what... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Mar 1, 2024

"Hey there! Ah, the classic tale of signing up for something that sounded as sweet as a rolling menu but ended up rolling you over instead.

1 Answer | Asked in Business Law, Divorce and Family Law for Utah on
Q: If my wife helped me with my business and we get divorced am I obligated to keep paying her if she no longer helps?

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.

Wesley Winsor
PREMIUM
Wesley Winsor
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

1 Answer | Asked in Contracts, Employment Law and Civil Litigation for Utah on
Q: When signing a contract for a specific amount of hours per day can an employer cut those hours without consent?

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

Wesley Winsor
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Wesley Winsor
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...
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