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Questions Answered by Wesley Winsor
1 Answer | Asked in Contracts for Utah on
Q: Do i have 3 days to cancel a lease agreement
Wesley Winsor
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Wesley Winsor
answered on Mar 20, 2020

You only have 3 days to cancel the lease agreement if the lease agreement gives you that option. There is no state or federal statute that will give you that right. If the place is deficient or "uninhabitable" then you would be able to cancel on the ground that the Landlord is breaching... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Utah on
Q: My uncle did some fraud to me and my family concerning my grandfather's will.

My uncle who was the executor for my grandfather's estate will not provide a will . iam in the will stating me and my jids can live there in his house under we pay utilities and house taxes. My uncle changed the locks broke into my sons room went threw all of our stuff and threw a lot of mine... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 9, 2020

I am sorry for what you are going through. If you haven't seen the will how do you know you had a right to live in the house so long as you paid utilities?

This sounds like it would be very difficult to reverse what has happened as the house is now owned by someone else. If you are...
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1 Answer | Asked in Estate Planning for Utah on
Q: My dad passed away and I am the executor of his trust. There are 6 beneficiaries. My sister is one of the beneficiaries

and she is mentally ill. She won’t sign the waiver of notice. We have filed for probate. The lawyers secretary told me the court will now send notices to the beneficiaries. What happens if she doesn’t sign or do anything? I may need a new lawyer, we went to the one my dad set the trust up with... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 9, 2020

If you already have a lawyer, this question would be best posited to him/her as they have all the facts. A waiver is nothing more than a statement from a beneficiary that says, you don't have to give me notice about the case. It doesn't make them forfeit any inheritance. When a... View More

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: My parents died 33 and 35 years ago. Do I still need to probate there home. I'm only child!

I want to sell there home no one has lived in in25 years!

Wesley Winsor
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Wesley Winsor
answered on Feb 27, 2020

Hello,

The short answer is yes, if their names are still on the title, yes you will need to invoke the power of the Court to transfer title. You can either have the Court declare that you are the title holder, or you can be appointed as personal representative to deal with the property and...
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3 Answers | Asked in Estate Planning for Utah on
Q: Father passed away with no will, He has 5 children 3 oldest kids with his first wife who he had divorced later and 2

3 oldest kids with his first wife who he had divorced later and 2 outside of marrige. who legally has the rights over property? Youngest child is saying he has the right to say who gets what because he is the benifacary for life insurance plan from fathers work

Wesley Winsor
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Wesley Winsor
answered on Dec 2, 2019

Yes, the life insurance beneficiary will get whatever it says in the contract and will pass outside of probate or the laws of intestacy.

All five children have an equal right to be the person in charge (personal representative), and also will inherit equally under the laws of intestacy....
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1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: filed quit claim deeds a few years ago on the home I live in and my three investment properties but lacked capacity.help

What do I need to do to get those voidable contracts voided or what's the next step to repairing the war zone that has become my life because I'm now homeless and I've lost a lot everything my life's work forgive the errors and no punctuation I'm talking into my phone

Wesley Winsor
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Wesley Winsor
answered on Nov 11, 2019

Not a lot of facts to go off of here, except that you are saying that you signed and recorded some quit claim deeds a few years ago while you lacked capacity and now you want to void the deed.

If you were under duress or undue influence by the person to whom you signed them over to, you...
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3 Answers | Asked in Probate for Utah on
Q: Hello, my father recently passed away and he didn't have no will and I'm his only child. He has a estate and vehicles

My family has came to my fathers home and stole guns,harley's, ATV, gold coin collection and etc. What can I do? Help me Please... Monica

Wesley Winsor
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Wesley Winsor
answered on Oct 7, 2019

I agree with my colleagues. You will need to file a probate action with the Court where either your Dad lived or owned real estate. Get appointed as persona representative, and you will be able to recover the stolen assets taken by your family.

You will need to get a probate attorney to...
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1 Answer | Asked in Contracts for Utah on
Q: what elements (four corners rule) must be included in breach of contract complaint

motion to dismiss complaint was upheld by judge

Wesley Winsor
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Wesley Winsor
answered on Oct 2, 2019

The four corners rule basically states that the Court will look no further than the four corners of the document (contract) to determine what the terms of the agreement are. The exception to this is if there are ambiguities in the contract, if there are the Court will look for outside information... View More

2 Answers | Asked in Real Estate Law for Utah on
Q: Thier wasnt a will she sold the house right before she die an she had the money in her bank
Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2019

If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.

Wes

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1 Answer | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2019

It looks like this was already asked and answered.

2 Answers | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2019

This looks like it was already asked and answered.

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1 Answer | Asked in Estate Planning for Utah on
Q: Need to stop probate in case number 193300081 my brother jarrod was give any chance to notified to this matter

I didnt receive my intell the review date can we do something about this

Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2019

Hello,

You can't just stop a probate, unless you can prove that the person is not dead, I suppose that would stop it. But if you are trying to stop the personal representative from being appointed you will need to object to his/her appointment.

Wes

1 Answer | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2019

It looks like this was already asked and answered.

2 Answers | Asked in Contracts and Construction Law for Utah on
Q: Customer refuses to pay the remainder amount owed for work done on a construction job I did for him on his house.

So the mechanic lein is only paid if the house is ever sold.

Wesley Winsor
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Wesley Winsor
answered on Sep 23, 2019

Hello,

I am sorry to hear about this. Are they claiming a defect in the work? Did you have a contract that outlined the work and timing of payments?

In any case you have two remedies, you can usually put a mechanic's lien on the real estate, which will have to paid if the...
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1 Answer | Asked in Estate Planning for Utah on
Q: Need to stop probate my brother want contact ed an i received my on the review date file motion to set aside

My mother passed away i took care of her an sister took everything while i was in jail how can i get what fair to me an they never contacted my brother can we do something

Wesley Winsor
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Wesley Winsor
answered on Aug 28, 2019

I am sorry for your loss. That is frustrating. Do you know if your mother had a will or a trust or any estate planning done while she was alive?

Were you able to see those documents? Are you sure that you are a beneficiary? If your mother didn't have anything done while she was...
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1 Answer | Asked in Real Estate Law and Probate for Utah on
Q: my dad died we lost house he had paid for need help fast

my dad passed i am benificuary on a bunch of stuff i need help getting and my dad bought a house and has over paid for it the person we bought house from kicked us out and threw away all my dads stuff and sold house we want her to pay and give us our house back

Wesley Winsor
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Wesley Winsor
answered on Aug 20, 2019

Hello,

I am sorry to hear about your Dad's passing. This can be a difficult time as his affairs are wound up. Who is executor or did your Dad have a will? Has anyone started a probate proceeding? If you are a child and an heir you would have probably received notice of this....
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Utah on
Q: Can I propogate succulents for fun and to earn a little extra cash?

I have been wanting to propogate succulents for the experiment and fun of it. I also hoped to sell any babies that might be successful for some extra money. However while I did some research I learned that their where certain patent laws that made it illegal for some succulents. What succulents am... View More

Wesley Winsor
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Wesley Winsor
answered on Aug 13, 2019

This is a very nuanced area of law. I do not even dabble in this area. I thought I could provide some self-help resources though.

If you are wondering whether a type of plant has been patented, you will need to search the patent databases for whether the patent has been registered....
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2 Answers | Asked in Criminal Law and Small Claims for Utah on
Q: Person keeps product, credit card company refunds money

A person in another state buys a product from me he called me telling me it was damaged I asked him to take a photo and text it to me so I could help him with a replacement he refused then told me he wished he would have bought a cheaper one at Walmart and told me to send him a shipping label so he... View More

Wesley Winsor
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Wesley Winsor
answered on Aug 13, 2019

No, this is illegal. He has breached his contract. The contract was made when he purchased the product. If you want recovery, you can sue in small claims for the price of the product and service fees. It may not be worth your time, but you have a cause of action.

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3 Answers | Asked in Contracts for Utah on
Q: What type of document would I use for an agreement with a supplier of a product

What type of document would I use for an agreement with a supplier of a product that has agreed to discount the sale price of their product to us in exchange for us optimizing their product listings on Amazon and working to boost overall sales of the product on the Amazon platform?

Wesley Winsor
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Wesley Winsor
answered on Jul 3, 2019

I agree,

This would be a customized agreement. You might use a title of "Discount Sales and Trade Agreement" basically what you are doing is utilizing trade. You are trading your seo services for a discount on their product(s).

I hope this helps.

Wes

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2 Answers | Asked in Contracts for Utah on
Q: I live in Utah. Is there a way to legally cancel a membership to a trampoline park I purchased yesterday?
Wesley Winsor
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Wesley Winsor
answered on Jun 17, 2019

This depends on your contract. You need to first look at the contract. What are the terms for early cancellation?

I am not aware of any state law that allows someone to back out of a contract within a certain period of time. The best advice I would give would be to look at the contract...
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