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Questions Answered by Wesley Winsor
1 Answer | Asked in Animal / Dog Law, Estate Planning and Probate for Utah on
Q: My neighbor, a close friend, asked me to take his dog when he died. He died of cancer last week.

When he was alive, he told me that he put his dog in his will and specifically told me that it was important (he was acting very cryptic and secretive about it). His estranged wife keeps asking me if I'm going to keep her. I told her yes, and that I suspected my friend (her estranged husband)... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 26, 2021

If you are to receive his dog (which is deemed "property") then you are a beneficiary of the will. As such, you are entitled to see the Will unless the Will says otherwise (something like, no beneficiary is entitled to a copy of the will and will be subject to judicial review only).... Read more »

2 Answers | Asked in Estate Planning for Utah on
Q: What happens with a family trust wherein one of the heirs does not cooperate with the trustees?

Can the trustees bypass that heir and have it closed anyway? Does an heir who is uncooperative with the trustees and their attorney have any rights to contest what the trustees have done with the trust? The uncooperative heir is myself because of the dysfunctional relationships in my family. Thank... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 8, 2021

I agree. Ultimately if you have a valid reason for not cooperating, then you don't have a lot to worry about. It is never a good idea to be frivolous withe the Court system. Typically, the resources of the Court are less than are needed.

The trustee will likely be able to move...
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1 Answer | Asked in Business Law for Utah on
Q: how we can transfer of Chapter 7 Corporations Sole , from one successor to another successor in ligal way need lawyer

Need lawyer

Wesley Winsor
Wesley Winsor answered on Feb 24, 2021

Hello,

In order to transfer ownership of a corporation to another you will transfer shares. The other way to do it is to transfer the assets of the corporation by means of an asset purchase. There are benefits and drawbacks to both ways. I suggest we book a consult to discuss this...
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1 Answer | Asked in Estate Planning, Probate and Securities Law for Utah on
Q: What are my chances to force a publicly traded company to lift the restrictions on stock in the court I have inherited

I am about to inherit restricted stocks from my father who was an insider in the company. I dont know what the restrictions are exactly yet, but whatever they are, can I and how likely can I succeed to force the company to lift those restrictions in the court?

Do they need to have... Read more »

Wesley Winsor
Wesley Winsor answered on Feb 3, 2021

Hello,

That questions is difficult to answer. If your Dad died while working at the company, perhaps the stock will come restriction free. Usually restrictions are in place to prevent insider trading, so if there is no chance at insider trading anymore, they may lift them. Other...
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1 Answer | Asked in Probate for Utah on
Q: My husband's mother died 30 years ago and whoever's is handling his inheritance there procrastinating on giving details.

They won't give him any details on how much it is or how long it's going to take them to get it to us. I mean 30 years, its been long enough can you help us what are the laws. They finally got ahold of him because of ottit

Wesley Winsor
Wesley Winsor answered on Jan 26, 2021

The first thing you should try to do is to get a hold of the estate docs. The Will and/or Trust. These documents will speak to your right to demand an accounting or other information. If they don't then you will be looking to the Utah Probate code or Utah Trust code to see if you have rights... Read more »

2 Answers | Asked in Contracts for Utah on
Q: We want to cancel a contract with an HOA management company. There is no termination clause. Can they hold us in?

We have a 5 year contract with a property management company. The HOA board feels that the management company has failed to meet its duties and it is not likely to change. We want to cancel the contract. They have refused to let us out and say that they will only let us out if we pay the... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 19, 2021

I agree you should consult an attorney with your contract. Just because there is not an "early termination clause" doesn't mean that they won't suffer damages if you end the contract early. The amount of damages will likely be the lost profits on the contract, but if you have... Read more »

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2 Answers | Asked in Contracts for Utah on
Q: Hello. Is this going to re-new anytime soon? :)
Wesley Winsor
Wesley Winsor answered on Dec 22, 2020

Hi, I am not sure what you are referring to. Please be more specific.

Wes

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1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Seller sold property I was under contract on, what are my options?

I was under contract (standard UT REPC) with seller for property. I went to close on the property (prior to require closing date) and find out the seller has sold the property to someone else. I paid $2K earnest money and also hired people to inspect and consult on the land. Now, like properties... Read more »

Wesley Winsor
Wesley Winsor answered on Dec 22, 2020

I am sorry to hear about your situation. That is rough. Sounds like the seller made a calculation about the risk of being sued and damages and thought that selling it to another at a higher price was worth it. Unfortunately situations such as this are not uncommon, thought typically it has to do... Read more »

1 Answer | Asked in Contracts for Utah on
Q: How do I write the "SOW" part of a contract to allow for multiple projects to be defined outside of it?

My business does consulting (UX Design) for other businesses. I have a contract that I use, but it has a section where a specific scope is defined. I have a client that wants to be able to sign an overall agreement (like my contract), and then define projects and agree to them as they come. So... Read more »

Wesley Winsor
Wesley Winsor answered on Nov 13, 2020

Hello,

The best way to handle something like this is to make the contract dynamic in that it would refer to another document titled "scope of Work of Project X" and then define the terms of that particular project. The challenge though, is that you are going to need that other...
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2 Answers | Asked in Contracts for Utah on
Q: Can a person or company sign legal documents on behalf of a client if they have written permission to do so?

Asking because a friend wanted to know if I could sign his apartment lease agreement for him. In addition, I am wondering if someone could sign a legal document such as applying for auto or medical insurance policies on behalf of a person?

Wesley Winsor
Wesley Winsor answered on Nov 3, 2020

A financial power of attorney is used by someone to appoint and authorize an agent to enter into legally binding contracts and pursue legal rights on behalf of another person. In order to represent a company however, you typically need to be an attorney to represent another.

So the answer...
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1 Answer | Asked in Business Law, Estate Planning and Tax Law for Utah on
Q: What price of the stock should be used for estate tax valuation? At the date of death or at the date of collection?

The father died in 2012, but due to personal circumstances, the probate was opened in 2020. Now the stock value increased. Which price of the stocks should be considered for estate taxation: at the date of death or at the date i collected it?

Wesley Winsor
Wesley Winsor answered on Oct 12, 2020

The date of death value. Even though the stock didn't transfer, your right to the stock activated at his death.

I hope this helps.

Wes

1 Answer | Asked in Probate for Utah on
Q: Mom left a will leaving home to three sons. One son is executor.

The will states state the Executor can sell the property, real or personal, etc. without an order of the Court. However, only her name is on the deed with the Washington County Recorder's office. Does the will directing the executor to sell the home, allow the home to be sold and the... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 25, 2020

No, just because states that the executor can, doesn't mean that the recorder's office will let them transfer title. "Probate", refers to old England process where they had to prove the will or see if the will was valid. You will most likely have to run the will through probate... Read more »

2 Answers | Asked in Probate for Utah on
Q: Process and forms for Utah Probate.

My father passed away over 60 days ago, he left no will, was paying on land, all of his belongings are less than $100,000. We just need help with the process and which forms we need.

Wesley Winsor
Wesley Winsor answered on Aug 21, 2020

I am sorry to hear of your loss. You are correct, if he died owning real estate (name on title) you will most likely have to go through probate.

I take it that the land is in Utah and your father was domiciled here when he passed?

I would be happy to help. Please reach out...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My dad died two years ago he had many guns he wanted them passed to his grandsons but never put it in his will.

The will state all assets are to be divided among all four daughters equally. My older sister is the executer and she has lied to the probate judge about his bank accounts and other things . Her son has all the guns I have tried to get my share and he won’t release them . He said he will to my... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 17, 2020

I am sorry for your predicament. The will should govern the distribution of the estate. If the executor is lying to the probate judge, and you want to do something about it, then you need to file a motion about the executor's improprieties.

If the will says divide 4 ways, then that...
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2 Answers | Asked in Civil Litigation and Contracts for Utah on
Q: I live in Utah. When is the latest a lease must be provided for me to sign and agree with?
Wesley Winsor
Wesley Winsor answered on Aug 17, 2020

There are no restrictions on you right to contract at the moment you take possession or even after. Written leases serve parties much better than oral leases do, but both are equally valid and legal.

If you are looking for a way out of your lease based on someone presenting the lease for...
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2 Answers | Asked in Contracts for Utah on
Q: Can I get a power of attorney for my girlfriend to sign apartment applications and possibly apt lease for me?

I will be out of state due to work the next week. Me and my girlfriend are trying to get an apartment and I want her to be able to fill out applications and with any luck an apartment lease while I am gone. Can this be done with a power of attorney?

Wesley Winsor
Wesley Winsor answered on Aug 14, 2020

Yes,

That possible. I would limit the Power of Attorney to specify what exactly she can and can't do in your name though. I am not sure I would give her general power or attorney, because although it would allow her to sign leases for you, it would also allow her to empty your bank...
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1 Answer | Asked in Tax Law for Utah on
Q: Letter came today of unpaid/filed taxes from 2013-2017 totaling around $11,000 28 days to pay, I need a lawyer right?

I'm in the service industry and yeah, I was irresponsible and never filed knowing I'd owe a reasonable amount since most my employers didn't take taxes out. I received 7 liens & pretty positive I need a lawyer before they start garnishing, but if there's something I can... Read more »

Wesley Winsor
Wesley Winsor answered on Jul 20, 2020

Hello,

Getting one of those nasty letters from the IRS is never fun. You can certainly hire a lawyer, but if you agree that you are responsible for the taxes and you full intend to pay, it might be worth your time to contact the IRS and get on a payment plan. You will spend a bunch of time...
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2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: My lease expired June 1, 2020 now on month to month. Served a 3 day pay or vacate. Do I have 3 days or 15 to vacate?
Wesley Winsor
Wesley Winsor answered on Jul 13, 2020

You should look at your lease agreement, but typically you have to give 30 days notice before someone can terminate the lease.

So, it automatically renews if no one has given notice of "non-renewal of lease" for another 30 days. Unless you haven't paid rent, he...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: My landlord threatened to end our lease agreement although it doesn't say anywhere in the contract that he can do that?

he doesnt want to fulfill what's in the contract. He gave me options whether I stop asking him for things based on the contract or he will take me to court and exercise the letter of law. I am a paying tenant, I never pay my rent late, even during my business' shutdown due to COVID19. I... Read more »

Wesley Winsor
Wesley Winsor answered on Jul 13, 2020

Hello,

I am sorry that you are in this situation. I am not sure that you have a question in your comments. It does sound like you are on the right side of the law and you could start enforcing the breach of contract actions that are most likely listed in your agreement. Maybe there is a...
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2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: HOA Put cloud on title for fees outside statute of limitations causing cloud on title. What remedies do we have?

The HOA sent an invoice for years outside the statute of limitations that were never given to the heirs until after the owners death.

When the owners went to sell, the hoa put a cloud on the title to collect the full amount, even though most of it was outside of the Nevada Statute of... Read more »

Wesley Winsor
Wesley Winsor answered on Jul 8, 2020

Hello,

I am sorry for the issues you are dealing with. You would first need to look at the CC n R's to see if they have a valid claim, this is more of an HOA issue than business law. I am sorry I can't be more helpful. I would hire an attorney that deals this area, there are...
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