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Questions Answered by Wesley Winsor

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on

Q: I have raised my nephew as my son, my sister has been collecting child support for him do i have a right to sue her?

he has been with me since he was 2 1/2 ( all verbal agreement)

Wesley Winsor answered on Feb 1, 2019

If you are doing it voluntarily, then no you don't have a right to sue her. She is supposed to be using the funds she is collecting to take care of her son. If she isn't, then the son has a claim or the father has a claim against her. If you are the guardian of the son then you might as well.... Read more »

1 Answer | Asked in Estate Planning for Utah on

Q: Power of Attorney Question about an Elderly Person.

My mother is in an assisted living center and I put her there because she is not able to function at home. Her husband has health and mental issues and threatens to leave, so I had no choice but to move her because she cannot be there by herself.

But he got his own Lawyer and they are... Read more »

Wesley Winsor answered on Feb 1, 2019

There is nothing illegal about it, unless your mom has truly lost her capacity. The fact that it is her legal husband that is doing this will probably hold more weight as well.

If you want to stop this, you will need to file for a guardianship or conservatorship with the Court so that no...
Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Utah on

Q: If commercial lease has no damages clause, what happens if tenant is not in space by date noted in lease? get damages?

Landlord did not have space ready by the time lease said. Can I get damages from them even though there is no language in the lease about what happens in this case and no language about damages whatsoever?

Wesley Winsor answered on Jan 10, 2019

In my opinion it would be difficult to persuade a Court that you should get damages. If the lease is silent on the matter, you would have to show detrimental reliance. Meaning, that they knew it would cost you if you didn't get the space on time, and that you relied on their representation that... Read more »

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Utah on

Q: I signed a contact for 12 months that states it auto renews after the 12 months unless they receive 30 days notice.

I am now trying to buy a house but they say I'm in a contact for 8 more months. I've lived here 1.5 years after the initial contact was complete. Is this legal? Is this something I can fight in court or is it something I more than likely will lose. They want 3 months rent for fees.

Wesley Winsor answered on Jan 10, 2019

Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.

More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.

I am not sure...
Read more »

1 Answer | Asked in Estate Planning for Utah on

Q: What can I expect to pay for an hourly fee for updating a will and trust?

Wesley Winsor answered on Jan 10, 2019

It is hard to say. Most estate planning will do this at a flat rate if they do it all. The reason they may not want to update (meaning drafting an amendment or a codicil) is that they believe that they will be held responsible for the rest of the contents of of the document even if you they are... Read more »

1 Answer | Asked in Estate Planning for Utah on

Q: My mom is number 2 trustee on my grandpa's and step grandmas will,what say does my mom have in it.

My grandpa passed away first. My step grandmas daughter is number 1 trustee

Wesley Winsor answered on Jan 10, 2019

Your mom is a contingent agent to carry out the terms of the trust. Until your step-grandma either resigns, becomes incapacitated or dies, your mom has no authority over the trust property by virtue of the trust agreement.

I hope this helps.

Wes

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on

Q: What are my obligations to a contract when the company I entered it with is not registered with the state?

I am trying to move, but my landlord won't let me sell my contract/sub-let it even though the contract has a provision that allows it as long as the landlord agrees to it. Instead, they want to find a new tenant and increase the rent by $100. I combed through the contract and found that they signed... Read more »

Wesley Winsor answered on Jan 4, 2019

Yes, the contract is enforceable. If the business is expired, the only thing that it means is that, they can get in trouble with the department of corporations and they may be personally liable rather than having the limited liability they probably thought they had.

I hope this helps....
Read more »

1 Answer | Asked in Business Formation, Copyright, Entertainment / Sports and Trademark for Utah on

Q: Hello, Can you me setup an entity like Hot Pancakes has with Bella Forrest and maintain privacy for my author business?

I am the only person in my business and I really want to keep it that way. If possible. I am using ghostwriters to create the books. I handle everything else.

Wesley Winsor answered on Jan 4, 2019

I am sorry, I do not understand your question. Please explain more.

Wes

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on

Q: If a property manager forgets to sign a lease is the lease void ? do I have to pay for damages on lease if voided?

I recently rented out a apt. the lease that was signed was a lease takeover that was for 6 months, during the last 3 months i requested a copy of the lease, I then noticed that the manager forgot to sign the lease. I then signed another contract with her ( which i still have a copy of) stating that... Read more »

Wesley Winsor answered on Jan 4, 2019

Contracts are enforceable against those who have signed them. So if you signed a lease but the LL never did, then they could hold you to it, but you might not be able to hold them to it. Signatures are just one method of "acceptance" of a contract. Performance is another. So if you had a lease... Read more »

1 Answer | Asked in Business Formation for Utah on

Q: I have a simple business question:

I live in the state of Utah. My father owns an online store called the root beer store. My mother made him close is 5 locations and only operate online. I wish to open up a location and add pizza. With my OWN LLC, insurance, lease agreement, website, etc... everything separate I would like to call... Read more »

Wesley Winsor answered on Jan 4, 2019

Hi,

Sounds like a great place to eat. If the only thing you share is the recipe for the rootbeer, your father has nothing to worry about.

I would imagine that you will want to capitalize on some of the brand awareness that your father has. I would set up a licensing agreement...
Read more »

1 Answer | Asked in Probate for Utah on

Q: Hi, I have a question about probate, what needs to be done with the State/Federal after someone dies ?

My father recently passed away. He was living in Salt Lake in a nursing home for the last 15 months of his life. He was receiving SS and Pension, which have both been notified & stopped. Prior he was living in Virginia, all is assets are held jointly with me (his son & executor of his will ) He... Read more »

Wesley Winsor answered on Dec 13, 2018

Hello,

When someone dies there is an order of claimants on the content of the estate. It goes like this:

1. Cost of administration

2. Creditors

3. Heirs or beneficiaries

Life insurance payouts will go directly to the beneficiaries without counting as part...
Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Utah on

Q: Is it possible for a company to buy half a house if im just on the deed. And the homeowner has not signed on his end?.

If it is possible does that company have the right to kick me out of the home?

Wesley Winsor answered on Dec 12, 2018

As long as you are on the deed, they are unable to kick you out. You are an owner. House ownership can be split among persons and sold separately from each other. Each owner will have an undivided right of use and enjoyment of the property ( you can's draw a line in the middle of the house and... Read more »

1 Answer | Asked in Contracts for Utah on

Q: Land Lord Breaches Contract but wont let me terminate the lease

i pay for rent, plus an extra sum of money for sewer garbage and water to the landlord. The landlord is supposed to pay for sew, garbage and water and is stated in the contract. The landlord never has paid for garbage so the city started to charge the garbage to me. so i was paying double. i want... Read more »

Wesley Winsor answered on Dec 12, 2018

Good question, it seems like you have understood the issues correctly. Your question of whether the breach is a "significant enough" breach is on point.

I think that you could certainly make a good argument that it is. The buildup of waste on a property due to non-disposal could and would...
Read more »

1 Answer | Asked in Intellectual Property and Personal Injury for Utah on

Q: Left personal property behind in nevada hotel room. Staff say nothing has been found since april 2018

Contacted them by email and by phone many times. I am certain staff did not turned it in.

Wesley Winsor answered on Dec 12, 2018

I am not sure that you posited a question. I will try to answer what you might be asking and that is whether a hotel is liable to disclose or facilitate the return of property left at their hotel by tenants if the tenant reports that it was left there.

The hotel's position is that there...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on

Q: If someone is renting out their basement illegally, can they legally evict you? Will it be on my record?

We had a lease when we first moved in to the basement apartment almost 3 years ago, the lease was up in 2017, we never signed another lease. We have gotten behind on rent and our landlord said he would keep working with us. We received a letter from him saying that we had until January 2019 to get... Read more »

Wesley Winsor answered on Dec 12, 2018

You main question is whether a person who is illegally renting out his basement can evict a tenant.

The answer to that is yes. As between you and the Landlord the contract governs, therefore he can evict you for default of the agreement ( failure to pay rent). As between the Landlord and...
Read more »

1 Answer | Asked in Real Estate Law for Utah on

Q: What is the meaning of "proportionate" in determination of HOA fees under 57-8a-201/

Wesley Winsor answered on Dec 12, 2018

The term "proportionate" isn't defined in the act and therefore you would need to look to CC & R's of HOA itself. If it is not defined in the CC & R'rs then it would take the ordinary meaning in an HOA or industry context.

I hope this helps.

Wes

1 Answer | Asked in Real Estate Law for Utah on

Q: You I've been renting a room in a Utah home for a year and a half.

She increased the rent from $500/month to $650/month when me lease expired at 6 months. I never got a copy of the original lease. What rights to I have regarding being evicted for a late payment of the monthly rent.? The best proof I have of living here is a USPS Informed Delivery account they gave... Read more »

Wesley Winsor answered on Dec 12, 2018

Hi,

You have the same rights as any other tenant who defaults on the lease. You could ask for a copy of the lease. Have you tried to do that?

Basically, if you are defaulting for payment, the Landlord has the right to evict you because you are breaching the contract. If the...
Read more »

1 Answer | Asked in Estate Planning and Probate for Utah on

Q: In my house I have my deceased boyfriend guns in my gun safe can I keep them until I get my stuff he had at his property

This is in wyoming

Wesley Winsor answered on Dec 12, 2018

Hi,

I am sorry for the loss of your boyfriend.

The personal representative of your boyfriend's estate has the job of collecting and securing all property of the estate. The guns are part of the estate. In addition, Utah Law (which would be applied and respected in Wyoming) will...
Read more »

1 Answer | Asked in Estate Planning and Probate for Utah on

Q: In Wyoming can a partner or friend be administrator of estate if no will

Wesley Winsor answered on Dec 10, 2018

According to Wyoming law,

2-4-201

https://law.justia.com/codes/wyoming/2014/title-2/chapter-4/article-2/section-2-4-201/

A competent person has the lowest priority of anyone. So yes, the answer is yes, but if a relative, or creditor, or anyone who has a beneficial interest...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on

Q: My landlord sent a early 30 day lease termination.

My landlord sent a 30 day lease termination (i thought my lease was up the same time they did) . Im moving out of state so i put a deposit down for a truck and bought my mom a plane ticket to take turns driving. A week later i get a text sayimg there was a mistake with the date on the notice... Read more »

Wesley Winsor answered on Oct 23, 2018

I would need to look at the lease agreement in detail to tell you for sure, but unless the lease says something different, their notice to terminate the lease would apply as an early termination of your lease. If you wanted to sue for breach of contract and enforce the lease agreement you would... Read more »

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