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answered on Dec 22, 2020
Hi, I am not sure what you are referring to. Please be more specific.
Wes
I was under contract (standard UT REPC) with seller for property. I went to close on the property (prior to require closing date) and find out the seller has sold the property to someone else. I paid $2K earnest money and also hired people to inspect and consult on the land. Now, like properties... View More 
answered on Dec 22, 2020
I am sorry to hear about your situation. That is rough. Sounds like the seller made a calculation about the risk of being sued and damages and thought that selling it to another at a higher price was worth it. Unfortunately situations such as this are not uncommon, thought typically it has to do... View More
My business does consulting (UX Design) for other businesses. I have a contract that I use, but it has a section where a specific scope is defined. I have a client that wants to be able to sign an overall agreement (like my contract), and then define projects and agree to them as they come. So... View More
answered on Nov 13, 2020
Hello,
The best way to handle something like this is to make the contract dynamic in that it would refer to another document titled "scope of Work of Project X" and then define the terms of that particular project. The challenge though, is that you are going to need that other... View More
Asking because a friend wanted to know if I could sign his apartment lease agreement for him. In addition, I am wondering if someone could sign a legal document such as applying for auto or medical insurance policies on behalf of a person?
answered on Nov 3, 2020
A financial power of attorney is used by someone to appoint and authorize an agent to enter into legally binding contracts and pursue legal rights on behalf of another person. In order to represent a company however, you typically need to be an attorney to represent another.
So the answer... View More
The father died in 2012, but due to personal circumstances, the probate was opened in 2020. Now the stock value increased. Which price of the stocks should be considered for estate taxation: at the date of death or at the date i collected it?
answered on Oct 12, 2020
The date of death value. Even though the stock didn't transfer, your right to the stock activated at his death.
I hope this helps.
Wes
The will states state the Executor can sell the property, real or personal, etc. without an order of the Court. However, only her name is on the deed with the Washington County Recorder's office. Does the will directing the executor to sell the home, allow the home to be sold and the... View More
answered on Aug 25, 2020
No, just because states that the executor can, doesn't mean that the recorder's office will let them transfer title. "Probate", refers to old England process where they had to prove the will or see if the will was valid. You will most likely have to run the will through probate... View More
My father passed away over 60 days ago, he left no will, was paying on land, all of his belongings are less than $100,000. We just need help with the process and which forms we need.
answered on Aug 21, 2020
I am sorry to hear of your loss. You are correct, if he died owning real estate (name on title) you will most likely have to go through probate.
I take it that the land is in Utah and your father was domiciled here when he passed?
I would be happy to help. Please reach out... View More
The will state all assets are to be divided among all four daughters equally. My older sister is the executer and she has lied to the probate judge about his bank accounts and other things . Her son has all the guns I have tried to get my share and he won’t release them . He said he will to my... View More
answered on Aug 17, 2020
I am sorry for your predicament. The will should govern the distribution of the estate. If the executor is lying to the probate judge, and you want to do something about it, then you need to file a motion about the executor's improprieties.
If the will says divide 4 ways, then that... View More
answered on Aug 17, 2020
There are no restrictions on you right to contract at the moment you take possession or even after. Written leases serve parties much better than oral leases do, but both are equally valid and legal.
If you are looking for a way out of your lease based on someone presenting the lease for... View More
I will be out of state due to work the next week. Me and my girlfriend are trying to get an apartment and I want her to be able to fill out applications and with any luck an apartment lease while I am gone. Can this be done with a power of attorney?
answered on Aug 14, 2020
Yes,
That possible. I would limit the Power of Attorney to specify what exactly she can and can't do in your name though. I am not sure I would give her general power or attorney, because although it would allow her to sign leases for you, it would also allow her to empty your bank... View More
I'm in the service industry and yeah, I was irresponsible and never filed knowing I'd owe a reasonable amount since most my employers didn't take taxes out. I received 7 liens & pretty positive I need a lawyer before they start garnishing, but if there's something I can... View More
answered on Jul 20, 2020
Hello,
Getting one of those nasty letters from the IRS is never fun. You can certainly hire a lawyer, but if you agree that you are responsible for the taxes and you full intend to pay, it might be worth your time to contact the IRS and get on a payment plan. You will spend a bunch of time... View More
answered on Jul 13, 2020
You should look at your lease agreement, but typically you have to give 30 days notice before someone can terminate the lease.
So, it automatically renews if no one has given notice of "non-renewal of lease" for another 30 days. Unless you haven't paid rent, he... View More
he doesnt want to fulfill what's in the contract. He gave me options whether I stop asking him for things based on the contract or he will take me to court and exercise the letter of law. I am a paying tenant, I never pay my rent late, even during my business' shutdown due to COVID19. I... View More
answered on Jul 13, 2020
Hello,
I am sorry that you are in this situation. I am not sure that you have a question in your comments. It does sound like you are on the right side of the law and you could start enforcing the breach of contract actions that are most likely listed in your agreement. Maybe there is a... View More
The HOA sent an invoice for years outside the statute of limitations that were never given to the heirs until after the owners death.
When the owners went to sell, the hoa put a cloud on the title to collect the full amount, even though most of it was outside of the Nevada Statute of... View More
answered on Jul 8, 2020
Hello,
I am sorry for the issues you are dealing with. You would first need to look at the CC n R's to see if they have a valid claim, this is more of an HOA issue than business law. I am sorry I can't be more helpful. I would hire an attorney that deals this area, there are... View More
Old roommate broke lease when we moved out a month early, we paid rent to her for last month of lease and she moved out right after us breaking the lease which she was also on, we were sued and had to pay full amount plus interest and fees as she moved to California
answered on Jun 26, 2020
You don't have to sue her in California, you only have to get her served there. You can sue her in Utah. I would suggest going through the small claims court here. If you know where she lives, then file suit here, hire a process server to serve her the summons and complaint, if she... View More
I'm in Utah and a sole proprietor. There is no legal issue against me, just asking as I'm trying to figure out ways to give back to my community right now.
answered on Jun 8, 2020
The answer is most likely, "yes". I am not sure what your services are and you may have different regulations imposed if you are a Doctor or something like that not to mention contractual limitations if you have any way. Sounds like you don't if you are a sole proprietor.... View More
A close friend and I are trying to start a business. It's based around an iOS app with services in the Pet Industry. We are trying to choose a business structure, and are unsure of which to pick. We are currently looking between an LLC or LLP. Is this the right choice for us?
answered on Jun 5, 2020
LLC's are simpler. Unless you need to split up liability between you and your friend or one of you is only a passive investor, I would recommend an LLC.
we hired an attorney to write three amendments to a living trust. my mother was on her death bed and the attorney was out of town so he instructed us to see his paralegal and give her the instructions and he would meet with us at 8:30 am the following tuesday for her to sign the papers and then he... View More
answered on May 15, 2020
I am not sure I understand the question. This is a strange happening indeed. I am sorry for your loss. Trust amendments are not typically filed in court. In addition, in the creation/modification of a trust there usually isn't court appearance either unless it was an irrevocable trust and... View More
His relatives will not give me a copy of the death certificate. There is no trust or will.
answered on May 12, 2020
You can still obtain one for yourself while filling out the application.
https://vitalrecords.utah.gov/wp-content/uploads/Death-Certificate-Request-Application.pdf
In the applicant box you would check other, and put "beneficiary of life insurance" and attach a page from... View More
also would a interest on property file filed with the court be enough for the house to not be able to be sold.. while i get council and find best lawyer to get started with probate or whats the next step? or 1st step. remember his bank accounts and proeprty is being sold by my younger sibling as... View More
answered on Apr 22, 2020
Hello,
I feel like I missed the first half of the story, but here are some issues you will need to think through as well as some explanation of Utah Law.
First, let's make sure that we are both understanding the language that we are using. When I say estate, I mean all property... View More
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