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Questions Answered by Wesley Winsor
2 Answers | Asked in Civil Litigation and Contracts for Utah on
Q: I live in Utah. When is the latest a lease must be provided for me to sign and agree with?
Wesley Winsor
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Wesley Winsor
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...
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2 Answers | Asked in Contracts for Utah on
Q: Can I get a power of attorney for my girlfriend to sign apartment applications and possibly apt lease for me?

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?

Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Tax Law for Utah on
Q: Letter came today of unpaid/filed taxes from 2013-2017 totaling around $11,000 28 days to pay, I need a lawyer right?

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

Wesley Winsor
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Wesley Winsor
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...
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2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: My lease expired June 1, 2020 now on month to month. Served a 3 day pay or vacate. Do I have 3 days or 15 to vacate?
Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: My landlord threatened to end our lease agreement although it doesn't say anywhere in the contract that he can do that?

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

Wesley Winsor
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Wesley Winsor
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...
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2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: HOA Put cloud on title for fees outside statute of limitations causing cloud on title. What remedies do we have?

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

Wesley Winsor
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Wesley Winsor
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...
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2 Answers | Asked in Contracts and Collections for Utah on
Q: What steps do I need to take to sue someone in a different state

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

Wesley Winsor
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Wesley Winsor
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

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1 Answer | Asked in Business Law for Utah on
Q: I'm wondering if it's legal for me to offer my professional services at a discount for marginalized groups of people.

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.

Wesley Winsor
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Wesley Winsor
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

1 Answer | Asked in Business Formation and Business Law for Utah on
Q: Which business structure should I choose?

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?

Wesley Winsor
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Wesley Winsor
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.

1 Answer | Asked in Estate Planning and Legal Malpractice for Utah on
Q: what can i do about being billed for a court appearance that my lawyer did not attend?

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

Wesley Winsor
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Wesley Winsor
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

1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My boyfriend named me as primary beneficiary on a life insurance policy. How do I get a copy of the death certificate?

His relatives will not give me a copy of the death certificate. There is no trust or will.

Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Probate for Utah on
Q: what other factors determine how much i would be entitled as far as my deceased father estate goes?

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

Wesley Winsor
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Wesley Winsor
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...
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2 Answers | Asked in Estate Planning and Probate for Utah on
Q: My father trusted that my brother would honor his wishes after he passed. regarding his life insurance.

not only has my brother been selling alot of the belongings he is claiming there is no life insurance. Just last year my dad mentioned to me how much i would be getting. i hated when he brought that subject up. especially when we were literally burying his dad the last time he mentioned it. My... View More

Wesley Winsor
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Wesley Winsor
answered on Apr 20, 2020

Hello,

Life insurance is a different matter, by contract the life insurance company will have to pay whomever is listed on the beneficiary line. If you father and mother were married at the time of your father's death and your mother is still living, there is a good chance that she...
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1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Lease only signed by tenant, not approved or signed by landlord. Is this a legal contract since not signed by both?

I signed a lease online for the time of August 2020 to move in. This particular landlord had told me my lease was not approved and signed by them and that I needed to sign another paper and give my proof of income. I called a couple weeks later due to the hardship of this COVID19 and told them we... View More

Wesley Winsor
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Wesley Winsor
answered on Apr 9, 2020

If the Landlord told you that it was not yet approved that there was something else you had to do in order to get it approved, then your "offer" to lease was not "accepted" yet. You can withdraw your offer at any time prior to "acceptance".

The burden of...
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1 Answer | Asked in Consumer Law, Personal Injury, Tax Law and Stockbroker Fraud for Utah on
Q: Law suit or cash payment..HELOC check acceptable?

My boyfriend wanted to help me invest my portfolio. I gave him access but with stipulations that we were to talk about each position and I would okay them. I also told him I did not want to lose more than 2500$ of the original 10 k we talked about. He was to always put stops or trailing stops to... View More

Wesley Winsor
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Wesley Winsor
answered on Apr 7, 2020

He basically gave you a gift. Don't worry about taxes. Gifts are not taxed. You do not need to worry about taxes.

Wes

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Question about tenant guest-banning rights

If a tenant is renting a room in a house where the owner of that house also lives can the tenant ban guests that the owner has said are ok to be there?

Wesley Winsor
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Wesley Winsor
answered on Mar 30, 2020

Hard to say w/out seeing the contract. A tenant may exercise exclusive control over some areas, probably their room and private space, but would not have the legal right to ban a guest of another tenant/owner from a common area space.

I hope this helps.

Wes

1 Answer | Asked in Legal Malpractice for Utah on
Q: How is this even legal .. and why doesn't everyone know this .. what the hell is really going on? Everything is a lie..

I just want truth. This is man made and patenend to be what be biowarfare

Wesley Winsor
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Wesley Winsor
answered on Mar 30, 2020

I do not see a question.

1 Answer | Asked in Workers' Compensation for Utah on
Q: I have a contract in place to go work in Canada for the next 2 months. Because of the virus, I can't. Losing $25,000
Wesley Winsor
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Wesley Winsor
answered on Mar 30, 2020

I am not sure what your question is. I don't see a question.

1 Answer | Asked in Probate for Utah on
Q: How do I find out if my grandfather had a will.....

I met my grandfather (on my dads side) in 2000 over the phone when he was speaking with my grandmother (moms side) he was in Utah I was in Seattle, I moved to Utah latr October 2019 I called him we were gonna meet face to face that Thanksgiving well he didn't show, then never answered his... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 30, 2020

Hi,

I am not sure where you are at in your knowledge about estate planning, so I will give you some background then answer your question.

Background:

If your Grandfather put you in his will whomever the executor/personal representative is will need to notify you if you are...
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1 Answer | Asked in Consumer Law, Personal Injury, Business Law and Federal Crimes for Utah on
Q: This may be stupid but i have to know, Can I sue McDonald's and Other Companies Involved in Monopoly?

I am finding out for the 1st time EVER that the monopoly games were fixed and I am devastated! As a young woman,teenager, &single mom, i spent every bit of my weekly allowance, money earned from babysitting, mowing yards, odd jobs,and money from my 1st waitressing job on the monopoly game.... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 30, 2020

When you say that the monopoly game was fixed, I am not sure understand. Did they misrepresent anything? Did you read their fine print of the rules and find out that they were lying? If so they could be liable. If you thought your chances of winning were better than what McDonalds represented... View More

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