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Questions Answered by Wesley Winsor
1 Answer | Asked in Real Estate Law, Business Law and Landlord - Tenant for Utah on
Q: If property slip 3ways and 2 wanthe to sell put the 3rd person dosnt not can't the 2 sell it out from under the 3person

My landlord sisters want the apartment complex but he dosnt they already have an aggressive realtor wanting to buy it and saying she owns it already. Can the sisters sell the place with out our landlord agreeing to it? I know it's slip 3 ways . But it's only his name on the leases . The... View More

Wesley Winsor
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Wesley Winsor
answered on May 24, 2017

They can only sell their interest in the complex. If they own it together as tenants in common (most likely but I can't say for sure without looking at the deed), then they can sell their interest. I could be 66.66% or something else. They can't make him sell unless they successfully... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Utah on
Q: Can I legally stay in my aunt's home until it is sold
Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 24, 2017

I am pretty sure I have answsered this question before: see

https://answers.justia.com/question/2017/04/20/do-i-legally-have-to-move-if-me-and-my-k-263553

and

https://answers.justia.com/question/2017/04/20/if-i-m-living-with-my-aunt-and-have-no-r-263559

Good luck.

Wes

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Is there a stature/law in Utah that requires a landlord to provide receipts for cash payments?

After numerous verbal and written requests my landlord has failed to provide me with rental receipts from 2012 to current...negating 2015 as those were emailed to me.

Wesley Winsor
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Wesley Winsor
answered on May 24, 2017

No, there is not statute for you to get a receipt. Receipts are typcially generated for the convenience of the parties involved. If your Landlord is nto giving you a receipt, you should draw up a simple statement when you pay and make the Land lord sign it everytime you pay the rent. Something... View More

1 Answer | Asked in Energy, Oil and Gas and Probate for Utah on
Q: probe and how to get a copy of the original will

Will is it possible to get a copy of it somewhere. The person has put it into probate and will not talk to us.

Wesley Winsor
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Wesley Winsor
answered on May 24, 2017

If the will is in probate, it is a public document. You can go to the Court and pay some money to get a copy of it. If you have the name of the personal representative or the decedent then the Court should be able to locate it for you.

If you are an heir or a natural heir...
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1 Answer | Asked in Probate for Utah on
Q: Can a person holding a family will change it. Is the WILL on record somewhere. Person holding has put it into probate

Gas and oil royalties, How to get past the probate of the will to get our royalties on our gas lease.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 24, 2017

The only person that can change a will is the Testator (the person whose will it is) or the testator's agent sometimes if the power of attorney expressly gives that power. Additionally, the Court may sometimes reform a will if the will is ambiguous and more direction is needed to carry out the... View More

1 Answer | Asked in Probate for Utah on
Q: My father died recently , my mother and father never married am I still entitled to part of his estate ? pat est.

He later married and had three other children (wife passed 2011) I am being denied access to information/executor funeral large estate multiple homes slc Yuma large farm in Idaho.

Wesley Winsor
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Wesley Winsor
answered on May 16, 2017

You are only entitled to his estate if he died without a will or he named you a beneficiary in his will or trust. If he died without a will then you would be the natural heir and they wouldn't be able to distribute anything without first giving you notice of the probate process.

With...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: I work full time for a fortune 500 company by telecommuting from my leased apartment. I am an employee and not a

subcontractor. My apartment complex is having extensive renovation coming up and we have been told that we can stay in our apartment during construction but it will be noisy, dusty and windows removed and replaced. I will not be able to work in my apartment during this time as a telephone CSR and... View More

Wesley Winsor
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Wesley Winsor
answered on May 16, 2017

I think the best way to resolve this, is to talk to your employer and try to work something out. If they refuse to let you miss, then because you chose where you are living you will likely have no recourse if they fire you because you were unable to work. The other solution would be to set up a... View More

1 Answer | Asked in Business Law and Employment Law for Utah on
Q: Can I be fired for a religious conversion?

I work at a catholic school. When I started working there I was catholic. Through a series of events in my personal life, I am no longer catholic.

My boss does not know this.

If I tell my boss, can they fire me for my religious conversion?

I am still able to teach my class with no problems.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 16, 2017

I am probably the wrong person to answer this as I don't have much experience in employment law. Here is what I do know. Businesses are unable to discriminate on the basis of race, religion, age, and gender. If the only reason, your boss would fire you is because of your conversion to another... View More

1 Answer | Asked in Business Formation for Utah on
Q: Is it ever a good idea to create an LLC if multiple family members want to purchase property and build on it (we don't

necessarily want to form a business)?

Wesley Winsor
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Wesley Winsor
answered on May 9, 2017

An LLC is good for liability protection. If you feel like it is too much risk when there are several owners and their guests on your property, then it would be a good idea to create an LLC. This would limit your exposure to the assets of the business.

A second reason you might want to...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Utah on
Q: Nuisance lawsuit against neighbor

I live in a HOA community. A neighbor has adult children who break in to cars and homes and steal packages off door steps. Cops have been called numerous times and arrest have been made but it seems the laws are weak in this area. The neighbor does not own the property her mom does and the mom of... View More

Wesley Winsor
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Wesley Winsor
answered on May 9, 2017

Really you would need to look at the HOA. If there was something that they were violating in the HOA, then you could require the owner to find a new tenant, but you can't just make someone move because they are criminals.

Sorry.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Q: Can a county demand an easement as part of a subdivision approval?

The county is forcing me to create a one lot subdivision. The engineering department will not approve my map unless I move my property line back 50 feet.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 9, 2017

Yes, they can unless you can prove their decision is discriminatory or capricious. As long as they have a reasonable reason to impose the requirement they can. Sorry.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Q: does my neighbor have to split the cost of a fence

If they agreed to the fence and intend to use it by eventually fencing in their property as well

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 9, 2017

If they agreed to the fence then it sounds like there is some kind of contract. So your question really is a contract question. If they just agreed to allow you to construct a fence, then there is no obligation to pay for it. You could argue unjust enrichment, but if they didn't do anything... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: 2 people on a home title, can 1 of those persons prevent someone from visiting even if the other person wants them here?

will the police remove someone from the property if 1 out of the 2 people on the title wants a 3'rd party off the property that does not live here and is only visiting

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 9, 2017

No, each party has the right to exclude, but they don't have the right to exclude guests of owners. The police would call it a civil matter and tell the parties to figure it out in Court rather than a criminal "trespass" matter.

1 Answer | Asked in Real Estate Law for Utah on
Q: If you put your kid on your house with yours after your spouse passed is there anyway to get their name off now?

I am remarried now and would like to sell my home and get another one with my new spouse. When my first wife passed my daughter had me put her name on my house along with mine so if I passed. I had no idea putting her name on it meant I was giving her half ownership. She refuses to sign her name... View More

Wesley Winsor
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Wesley Winsor
answered on May 9, 2017

The legal way would be to have her sign it over to you. You are right, you gave her half the house when you put her name on it. One aspect of ownership is the obligation to pay taxes. You can start billing her for taxes and maybe she will take her name off the house if she has to pay for it.... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Utah on
Q: Do I legally have to move if me and my kids are staying at my aunt's home and daughter wants to sell the home
Wesley Winsor
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Wesley Winsor
answered on May 9, 2017

Only an owner has the right to evict someone from their property. That being said, an owner can delegate that responsibility to their agent by giving their agent a power of attorney. Any actions of the agent will stem from the authority of the owner so the owner is actually doing it.

If...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Utah on
Q: If I'm living with my aunt and have no rental agreement can I stay until the house is sold
Wesley Winsor
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Wesley Winsor
answered on May 9, 2017

I am assuming you want to stay there against her wishes. The short answer is yes unless your aunt evicts you. Your aunt can give you a 5 day notice to vacate the house, if you refuse to vacate after the 5 days you would be unlawfully detaining the premises and she would then file an unlawful... View More

1 Answer | Asked in Contracts for Utah on
Q: I have a contract where one of the parties signing is a corporation,

but it's written down at the beginning between two individuals - is it valid?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 8, 2017

Yes,

It is valid, but the question remains who exactly is the party. if the signature line shows a title of the person then it will most likely be counted as a contract with the business entity. If the contract only makes sense if the business entity signed it and not the individual then...
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1 Answer | Asked in Elder Law for Utah on
Q: My mother refuses care from a medical doctor and instead is getting treated by a "healer"

- is there a way to report this so we can get her the medical attention she needs?

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 8, 2017

I am not sure what a "healer" is. If the "healer" is practicing medicine as defined by the Utah Medical Practice act and isn't licensed to do so, then you can report them. But if they are not claiming to be a licensed physician and are not operating on them or anything,... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Im gonna make this short. I broke a contract at a apartment complex. I owed $8k to finish off the contract.

I joined the army, and after a deployment they had went and got a lawyer. I went ahead and just paid in full. Well 4 years later im trying to buy a home amd this still showed up as unpaid even though i had a statement of judgement. Turns out the lawyer never sent the money to his client, "the... View More

Wesley Winsor
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Wesley Winsor
answered on May 8, 2017

hmm good question.

You relief could be calculated by the difference in interest rates based on the two different credit scores multiplied by number of payments you made. It sounds like you have a case, but you really ought to run the numbers to see if it is worth it. I don't think...
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1 Answer | Asked in Tax Law for Utah on
Q: If you purchase something for both work and personal use, can you write off the cost?
Wesley Winsor
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Wesley Winsor
answered on May 5, 2017

Yes and no. For instance, if I buy a car for my business, but I also use it day in and day out than I have to make a determination of how much I use it for business purposes (not including the first trip to the office/job site/location) and I can then write a certain percentage of that purchase... View More

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