If one learns one has been named a defendant in a federal civil suit prior to actually being served (say, for instance, by coming across the complaint while reading other cases), does the 21-day "clock" start counting down to respond from the moment one first becomes aware one is a... View More 
Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.
answered on May 22, 2023
It is legal and reasonable for them to ask for and make any payment of a relocation package that they are offering to you contigent on verifcation of the relocation.
You don't have to give it to them, but it would be reasonable for them to withhold pay for relocating until... View More
My wife's family owns a trust in Colorado that produces quarterly oil royalty checks. The checks come from Colorado. Her dad passed 20 years ago so his checks have been going unclaimed in Utah. What state(s) would she need to hire an attorney in order to claim the unclaimed property and to get... View More
answered on Mar 20, 2023
Yes, I agree. The principal place of administration of the trust would be where you would need to file a probate action. I hope this helps.
Wes
Tenets during that time in the beginning of the COVID-19 Pandemic
answered on Feb 13, 2023
If it were a wrongful eviction, you would need to prove damages. Do you have good evidence that it was a wrongful eviction? Also, that you suffered damages? I would not advise, based on the limited facts, that you pursue this. You are likely to spend more money in litigation and attorney's... View More
My husband, myself, our 2 daughters, and another person are beneficiaries. The supposed trustee is an unlicensed attorney in Guam who is represented by my brothers former law partner. And that guy says we cannot communicate with the trustee at all, but just go through him (the former law partner of... View More
answered on Oct 19, 2022
I agree with the assessment, but I am not sure what your question is.
I received a letter stating I can make payments on repaying a sign on bonus back they gave me the information to put on the check but never told me where to send it or anything like that, I’ve reached out multiple times and received no response what actions do I need to take on either paying them... View More
answered on Sep 23, 2022
If you are obilated to pay back the signing bonus, just go to their website or look up their business on the state business registration website https://secure.utah.gov/bes/index.html and send a certified check in the mail to their address.
Just because they haven't responded... View More
The check engine light came on just a few days after driving it home and the brakes were so bad it was scary to even drive. I'm also paying over $35,000 for a vehicle that isn't worth $11,000 at least not with the shape it's in.
answered on Sep 20, 2022
Hello,
I am sorry to hear that you are having trouble with your car. I am unsure what you are asking when you say "emissions being done". Are you asking whether a dealership has a duty to make sure the emissions are compliant with state law prior to sale? Or are you saying something else?
Wes
The child and grand father are the only names on the acct. The grandfather opened it in her name when she was a baby after the childs father passed away. The grandfather passes and the only 2 names ever on the acct are the child and the grandfather. Can the grandmother pull out the money without... View More
answered on Aug 31, 2022
This depends on the ownerhip of the account. If they owned the account as joint tenants with rights of survivorship, then the grandmother would only be able to access the account if she were claiming some spousal share of her husband, but she would first have to go through a court proceeding to get... View More
The husband might even be willing to sign an Affidavit giving her son the inheritance?
answered on Aug 12, 2022
Hello,
The best thing to do would be to talk with an attorney. By statute, you cannot disinherit your spouse without their permission. I would encourage your mother to get a post-nuptial agreement and then engage in estate planning. I would normally recommend that she set up a trust so... View More
The contract price was $2,035. I was charged $2,700. I did not even realize it until now. Am I entitled to the $665 back?
answered on Apr 22, 2022
Yes,
You are. If the contract had price listed as $2,035, and they charged $2,700, then you are due a refund of the amount. Have you contacted the seller yet? I can't imagine that they would have a problem issuing a refund.
Contact them first and as soon as you can. This... View More
2 rental properties in Utah in which I am the sole owner, I reside in WA. I formulated an LLC in Utah but never used it \. Would like to reuse that LLC but the address is under a former business partners address that lived in Utah. I am now sole owner of LLC. I already have a seperate bank... View More
answered on Mar 21, 2022
Best practice is to set up an LLC where the real estate is located. We can update addresses and registered agents as well as ownership information in order to bring your business information current.
If you don't have the LLC in the same state as your real estate you will often have... View More
My lease ends this month and the apartment complex says that I need to give them 60 days notice that I'm moving out. I've never heard of needing to this. If I have to comply I'll be paying a ton more for a month to month contract which I don't want to do.
answered on Mar 21, 2022
The contract terms are most likely enforceable. The best thing you can do is ask them to waive the notice period and find them a replacement tenant. Good luck.
My 19 year old son's father died 8 days ago, and the mother of the deceased has self-appointed herself executor and claims that the assets need to go to her because her son borrowed money and never repaid her. There was no legal contract for this supposed debt, but she is already trying to... View More
answered on Feb 24, 2022
If your son wants to assert his authority as personal representative of his father's estate, then he can do so through a probate process. I have pasted the relevant code section below. In addition, if your son doesn't want to do it, he can nominate you serve as his father's... View More
At time of death it was valued at $270,800. Selling at 373k. It’s the only asset. Do we pay capital gains tax? What rate? Or does each descendant get a 1099 and pay their own taxes?
answered on Feb 10, 2022
This is a better question for your accountant, but normally the estate will issue a K1 to each beneficiary that received cash distributions from the sale of the house that year. The house appreciation from the date of death will be attributable to the beneficiaries to whom it was distributed to at... View More
My mother in law passed away January 2021 and the executor has still not completed anything. Her house sold in October of 2021 and he said it'll be done soon. Checked in with him in December and he said "well, we have to give a couple of people small amounts of money that she... View More
answered on Feb 10, 2022
Hello,
I am sorry for your plight. If this is in Utah and it is a Will, then your husband as a beneficiary is entitled to a copy of the will. Legally they are and the PR / Executor has to give him a copy as well as the inventory when it is completed. The only real stick you have in order to... View More
Noticed that in his obituary it had listed 3 children which are three sisters I never knew about and not me not sure what to do.
answered on Jan 3, 2022
Hello,
I am not sure about your question. What is it that you want to do? If you have an interest in trying to collect from your Dad' s estate, you would first need to see if a probate action was filed. I would look in the district where your Dad last resided. It would be an uphill... View More
His wife has been dead a while. You can see the document is fake. There are 8 siblings alive, one is his wife's sister. There's a 10-acre parcel that half belongs to the deceased wife. Do we give her half to her sister? We already know the greedy Will forger won't prevail. Just want... View More
answered on Dec 20, 2021
The law of intestacy (those who died without a will) governs the distribution of the estate. If your husband's brother's predeceased wife held title at joint tenants with the decedent brother, then title would pass to the decedent brother. At your deceden't brother's passing,... View More
answered on Nov 22, 2021
Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The... View More
I used to asked for a ride for about a week to this lady about 56 she said yes I them needed another ride for two weeks I asked she said yes. I willingly start giving her money for gas so I won’t feel bad even though it is on the way. We started being friends and started going out after work... View More
answered on Oct 22, 2021
No,
If anything, this would be a civil matter. A cop will not get involved in this capacity. If she feels her claim is strong enough, she will sue you. Until then just ignore it and or block her number if she continues to harass you.
I hope this helps.
Wes
answered on Aug 23, 2021
The actual obtaining of the EIN for the trust is a relatively simple matter, but you really need to establish your authority to do so.
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