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Questions Answered by Wesley Winsor
1 Answer | Asked in Business Formation for Utah on
Q: I'm a sole proprietorship and registered my DBA. I sell pottery online. Where do I file for a sales and use number?

I have no employees and work out of my house.

Wesley Winsor
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Wesley Winsor
answered on Nov 1, 2017

Here is some information:

http://tax.utah.gov/sales

1 Answer | Asked in Business Formation for Utah on
Q: if i already registered as a DBA do I still need to register with the state and get a tax #.

I just registered with the county for a business license and I have an IRS tax ID now

Wesley Winsor
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Wesley Winsor
answered on Nov 1, 2017

If you registered a DBA you probably registered the DBA with the state. I don't know where else you would have registered. If your company is a sole proprietorship, then you don't need to another EIN you will use your social security number and just fill out a schedule C with your 1040.... View More

2 Answers | Asked in Estate Planning, Tax Law and Probate for Utah on
Q: I cannot find my mother's will. I have a brother. He told me to handle things. Will we still go through probate?

She still owes on her house. We are going to pay it off. What about other bills? I was told to start sending the death certificate to bill collectors. She was taken to the hospital from work where she passed. Are they responsible for any of the bills? She was working for the local 99 union. She... View More

Wesley Winsor
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Wesley Winsor
answered on Oct 9, 2017

I am sorry to hear about the passing of your mother. This can be a difficult time for you especially if you are having to deal with creditors at the same time.

In Utah, if a person dies without a will or dies with a will and there is real estate owned (even if there is a mortgage on it)...
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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for Utah on
Q: If a car dealership is to tear down a neighborhood, would the seller be required to disclose before selling?

Just found out, AFTER purchasing the home that a dealership is scheduled to tear down homes around mine. This will bring the value of my home down tremendously, and it was not disclosed prior to me purchasing the home.

Wesley Winsor
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Wesley Winsor
answered on Aug 2, 2017

Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood... View More

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on
Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.
Wesley Winsor
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Wesley Winsor
answered on Aug 1, 2017

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a...
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1 Answer | Asked in Business Law, Contracts and Tax Law for Utah on
Q: If a contract with a new client requires money to be spent to complete the contract, is that money a business expense?

My business is looking to acquire a new client. The contract with this client would require me to spend some of that money to complete with the contract itself. Would I be OK to write off that money spent as a business expense, or would I be taxed on the complete income?

Wesley Winsor
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Wesley Winsor
answered on Jul 18, 2017

Nearly any legitimate business expense can be discounted against revenues. I think you will need to be more specific on your question. If you are having to spend money to acquire new or specialized equipment or an upgrade of some sorts then absolutely.

I hope this helps.

Wes

1 Answer | Asked in Consumer Law, Contracts, Legal Malpractice and Small Claims for Utah on
Q: Can I take legal action against a pawn shop that gave me false information?

I paid $1000 for a diamond wedding ring from Zales. We were in a desperate situation and needed cash fast. We looked into Pawning the ring but they said it was only worth $100 and that they could only sell it for $300 at most. They told us we were lied to about the value from where it was... View More

Wesley Winsor
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Wesley Winsor
answered on Jun 30, 2017

Hi,

First off, let me say I am sorry for the situation. This can be extremely frustrating especially if there is sentimental value attached to the item.

I am assuming you sold the ring rather than pawned it (you got a loan from them using the ring as collateral). If that is the...
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1 Answer | Asked in Family Law and Elder Law for Utah on
Q: My uncle is in assisted living at a facility in Florida; I live in Utah. My uncle has a legal guardian.

A check in the amount of $10,000 is being held by GE Capital Investments. The check has my name and my uncle's name on it. The guardian wants the check (stating that it is the sole property of the ward). Do I have any rights?

Wesley Winsor
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Wesley Winsor
answered on Jun 27, 2017

First, you need to determine why it has your name on it. If you are a joint owner of the account then, no it is not the sole property of your uncles. If you are merely a payable on death beneficiary or hold a power of attorney, then it is your Uncle's sole property and the money should be... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Utah on
Q: My mother died 7 years ago my sister has been living in the home now the remaining sisters want to sell how do I remove

The sister and her property that's living there. The will states the house to be sold and divided equally, however we have allowed my sister to live there for 7 years and now she won't leave????

Wesley Winsor
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Wesley Winsor
answered on Jun 27, 2017

Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the... View More

1 Answer | Asked in Estate Planning for Utah on
Q: Curious if I am a Beneficiary and receiving home with small Mortgage through a Trust will I be Responsible for

Her Unsecured Debt after She dies when I receive the Home?

Wesley Winsor
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Wesley Winsor
answered on Jun 27, 2017

I am assuming you understand that secured debts are those debts that are not attached to something that the bank/creditor can repossess and unsecured debts are debts such as credit cards, personal loans, etc. where there is nothing physical that the creditor can reclaim if the debt is in default.... View More

1 Answer | Asked in Estate Planning and Elder Law for Utah on
Q: I have a Question I am the Beneficiary of a Home with 50k left on Mortgage and it is worth 250 k. Will I be Responsible

For Unsecured Debt that My Grandmother has after she dies and what will my responsibilities be?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jun 27, 2017

Well that depends on your position. Are you the named personal representative? Are you a trustee of the the trust that the home is titled in? Perhaps you are on title with your grandmother as joint tenants with a right of survivorship. Or maybe you are named in the will as the beneficiary of... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Utah on
Q: How many days does a land lord need to evict for none payment utah
Wesley Winsor
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Wesley Winsor
answered on Jun 22, 2017

A landlord can serve a 3 day notice to pay or quit the day after the payment is due. If the tenant pays, they get to stay. If they don't then the landlord can start the eviction process.

I hope this helps.

Wes

1 Answer | Asked in Animal / Dog Law for Utah on
Q: Can someone legally give away someone else's pet snake?

My cousin was housing her pet snakes at her friends house for a while and now that friend has given her snakes away

Wesley Winsor
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Wesley Winsor
answered on Jun 22, 2017

Pets are property so this question could just as easily be, "my cousin was keeping her bicycle at her friends, and her friend has given it away".

The answer to the question is "no". Someone who does not have ownership can't give it away. If they do, then what...
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1 Answer | Asked in Elder Law and Estate Planning for Utah on
Q: I just need a simple answer. My roommate and I are going to buy a home. How do we each keep our children from taking

Possession if something happens to either one of us?

Wesley Winsor
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Wesley Winsor
answered on Jun 22, 2017

Here are two options:

1. You can set up a trust and both be trustees of the trust and when you purchase the property you purchase it in the name of the trust. If you do this then not only can you plan for the situation of what happens to if something happens to one of you, but it will also...
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2 Answers | Asked in Criminal Law, Domestic Violence, Landlord - Tenant and Small Claims for Utah on
Q: possible 2 evict roommate& her bf if name on lease,they also have assaulted me have Police report,need out fast
Wesley Winsor
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Wesley Winsor
answered on Jun 22, 2017

Your question is not too clear. You can evict someone who doesn't have a legal right to be there. I believe the statute requires 14 days notice prior to filing an unlawful detainer action against them. If their name is on the lease, then it is not so easy (at that point the landlord is the... View More

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1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: If two brothers have secured a mortgage on a home. times changed and one wants to leave said agreement. how ?

would like to get equity from property

Wesley Winsor
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Wesley Winsor
answered on Jun 9, 2017

This can be difficult to do. Basically, the brother that wants to stay will need to refinance the loan in his own name. If he can't with the current lender, then he may have to look elsewhere. If no one will do it, then the leaving brother is basically stuck until the home sales or it is... View More

1 Answer | Asked in Business Law, Civil Litigation and Real Estate Law for Utah on
Q: 1. Can HOA litigate member with non valid status of non profit corporation?2. Can HOA adopt not valid declaration
Wesley Winsor
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Wesley Winsor
answered on Jun 8, 2017

Your question is hard to understand. I will try the best I can to answer:

Yes an HOA can bring suit against an HOA member even if that member is a non-profit organization whose status is inactive/expired. This issue revolves around what agents of this non-valid, non-profit did to...
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1 Answer | Asked in Small Claims, Business Law and Constitutional Law for Utah on
Q: Do businesses have to follow the First Amendment? Are they subjugated to the same laws?

The game is League of Legends. The terms literally say that they have he right to steal the in game content you purchased if you violate their rules. My situation includes me using explicit and vulgar language in frustration towards other players online. Because of this my account is banned and the... View More

Wesley Winsor
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Wesley Winsor
answered on Jun 8, 2017

Your first amendment right doesn't give you a license to make other people listen to/read whatever you say. Your first amendment right secures your right to freedom of speech or in reverse, makes it so that any law passed abridging your freedom of speech is unconstitutional. Neither the U.S.... View More

1 Answer | Asked in Business Law and Tax Law for Utah on
Q: Do I need a to get a EIN number from business's who I am paying rent to every month in order to take it as a tax writoff

I own a windshield repair business and i rent parking lots from business's. I pay thousands a month. How can i take it as a write off? Do i need to get their EIN or have them fill out a 1099 document?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jun 8, 2017

If you are running it as a sole proprietorship, then you don't need to get a separate EIN, you can just use your own Social Security number when you report your taxes. If your company is an LLC then you will already have an EIN and you will u se the EIN when you do your taxes.

Can...
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1 Answer | Asked in Business Law for Utah on
Q: I process payments as a third party. Can I collect payment in the form of gift cards?
Wesley Winsor
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Wesley Winsor
answered on Jun 8, 2017

There is now law that dictates which form of compensation you have to receive. The law does state that you have tor report the value received whether in cash or "in kind". Cash is easy because it is what it is, but gift cards would have a slightly discounted value than their credit... View More

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