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Questions Answered by Wesley Winsor
1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: I took out a loan from check n go on 12/28/2016. I was told that my 1st payment would be due on 3/1/2017. The contract

had a payment date of 3-1 and on the finalization checklist it was also handwritten as 3-1. However, it also stated the first payment would be due on 2-1-2017 which neither of noticed. On 1-30-2017 Check n go called and stated that manager was new and she made and error on the date. She also... View More

Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

It sounds like you have a strong case for whatever damages you suffered because of their premature debiting of your account. This could be as little as insufficient funds fees from your bank, filing fees for the law-suit, and attorney's fees if any.

Ambiguities in a contract are...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Renter claims damages occurred during rental, Must be 25yo to rent, 22yo signs with renter knowledge, Is this binding?

I recently rented a camp trailer that I found on KSL in Utah. I met up with the man and signed the rental contract, then was on my way. When I returned the trailer the renter claims there were damages. Many items on the trailer did not function during the time I had the trailer, things having to do... View More

Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

First off your use of the word renter is a bit confusing. When you are explaining please the terms Landlord or owner /Tenant or Lessor/lessee.

From what I surmise this is the story. You (22 years old) rented a camp trailer from a guy and signed a contract that stated that any tenant...
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1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for Utah on
Q: I currently have a warehouse leased in my name only. I have allowed another business to use some of the square footage

I do not have a written agreement or obligation from "the sub renters" to continue to use the space. What are my rights in giving them notice to vacate? Can they sue me for lost business if I give them notice to move out?

Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

There are several concerns I have with this. The first is whether your lease with the owner allows you to sublease to another. This isn't a claim that your sub can really raise, but you should take a good look at it anyway.

In the absence of a contract, if it went to court then it...
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1 Answer | Asked in Contracts for Utah on
Q: Is there a time period where after signing a contract that we can change or minds? (Less than 24 hours)
Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

No, not typically. Sometimes states have these "buyer's remorse" windows for certain types of businesses. Security systems are an example of when states have stepped in and given that right statutorily.

What was the nature of your contract?

1 Answer | Asked in Estate Planning, Probate and Contracts for Utah on
Q: How can I get a copy of a will/ probate/ trust, to determine if revocable or not?

I have an elderly uncle who is MR/DD. What I was told, is when his parents died they set up a trust that had money and included a home where he would live in order to provide for him. I believe that the terms of the trust have been breached. Before moving out of state, the trustee signed a... View More

Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

Unfortunately, at this point, you do not have standing to demand to see the the trust. You would first need to petition to have a guardianship or a conservatorship over your uncle. Otherwise, if your uncle has capacity he could give you a limited power of attorney to inspect the trust document. I... View More

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Utah on
Q: How do I event my adult brother from my deceased parent's home so the home can be sold
Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

I think your question is, "how to I evict my brother..." if that is the case, I presume that he is already living there.

The next question is, how is the home owned? Was it in the name of the trust? Are you the successor trustee? If so then commence a normal eviction suit which...
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1 Answer | Asked in Estate Planning for Utah on
Q: If I am the successor, and someone out of the family gives away my father's belongings how do I get them back?
Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

When you say you are the successor trustee are you saying that the original trustee died and now because you were the successor trustee you are currently the trustee?

If you are the trustee and someone else has given away some of the trust property without authority, then that person has...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: Brother passed no wife or children he received everything from grandparents only uncle cos r leftcan I enter his house

Igrandparents left everything to my brother when he passed he had no kids no wife no other siblings there's an uncle and cousin someone has filed papers for probate against the will as his brother do I have the right to go and is home do I need to notify the police before entering or do I... View More

Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

Great question. You do not possess any inherent authority by virtue of being his brother to possess or enter the home. You are from the sounds of it, in highest priority of appointment for personal representative.

Someone (sounds like a creditor) has started a probate action. They are...
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1 Answer | Asked in Business Formation for Utah on
Q: I would like to start a business for back scratching in Utah. Do I need any special lisencing?
Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

Is this an April Fool's joke? Probably, but I will play along. As long as you are trying to be a chiropractor or market that your services are medical services then you probably won't need anything except for a normal state business license and one for your city if it requires one.

1 Answer | Asked in Estate Planning for Utah on
Q: Whar r my rights if i live with my aunt
Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

I am not sure what you are referring to? What are your rights to what? How old are you? Is she your guardian?

Please add more detail.

2 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: My 17 daughter is being bullied by a 18 almost 19 year girl. Can charges be filed against her? Also, my daughter has

A brain injury so she is mentally younger

Wesley Winsor
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Wesley Winsor
answered on May 5, 2017

Yes, you can bring civil charges against her/her parents as well as alert the cops/school and they can bring criminal charges as well.

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2 Answers | Asked in Estate Planning for Utah on
Q: daughter is per rep of will. son is left cash. mother states "as per my instructions by my daughter, tamra".

do the instructions have to be written down by mother or verbally stated to daughter enough?

son wants money paid in full asap.

daughter wants to pay out a little at a time to where it amounts to nothing $25,000.00 is the amount sister states has been left to son, her brother, by... View More

Wesley Winsor
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Wesley Winsor
answered on May 1, 2017

I don't think that the distributions can be scattered over time unless the will purports to create a testamentary trust. Like another has said, it really depends on what is in the Will.

You should have an attorney look at the will, to help understand it or make a determination if it...
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1 Answer | Asked in Estate Planning for Utah on
Q: My in-laws are moving from Kansas to Utah. Will their TRUST be legal in Utah?
Wesley Winsor
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Wesley Winsor
answered on Sep 8, 2015

You questions is whether their Trust will be legal here in Utah. The answer is generally yes. A trust is nothing more than a contract. There are some laws here in Utah that could affect the distribution of the estate depending on the Trust is written up, but typically that isn't a problem.... View More

2 Answers | Asked in Employment Law for Utah on
Q: I am a contract employee does the company have to comply to what is on the contract.

I was hired out of the city i live in, we do schedule bidding as well and go by seniority, I was lied to about the bid, lead to be-leave it was one schedule to find they senor driver wanted a different schedule that would cost two employees there jobs. The run was moved to my City and this driver... View More

Wesley Winsor
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Wesley Winsor
answered on Sep 8, 2015

The short answer is "yes". As long as it is a valid contract and they have signed it. They have an obligation to honor their duties. You will most likely have a big fight to try and prove an oral contract. If it is written down then, it will be much easier. I would need more information... View More

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