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My parents and I both used an attorney in South Jordan, Utah to write up trusts in 2014. My parents are now trying to refinance their reverse mortgage. We need information from the attorney. We tried to contact him via telephone and email. Can't leave message and emails kicked back. Checked... View More 
answered on Dec 10, 2020
As a best practice, clients should safeguard estate planning documents rather than the lawyer or law firm. Having a scanned digital copy is also a good idea. You might be able to find some records with the county recorder's office if real estate was transferred to the trust. Otherwise, you... View More
I've recently been charged with a class B misdemeanor for shoplifting under $500. I don't have a court date yet but I need legal advice. This is my first charge with anything. I was trying to move to Colorado at the end of September and I still want to but I don't know if... View More
answered on Aug 8, 2020
Consider contacting a Utah criminal defense lawyer. A person convicted of a Class B misdemeanor can face up to six months in jail. Usually, a criminal defendant for a class B misdemeanor needs to make an initial court appearance within 14 days, even it is by video. If the defendant fails to appear,... View More
The papers. What is my next step?
answered on Jul 8, 2020
After the respondent is served, the respondent then files an answer. Next, the parties will be required to submit disclosures under Rule 26.1, including the financial declaration. The parties can then try to reach a settlement agreement, or stipulation on all issues. If there are children, the... View More
HOA FOr a condo put a cloud on title for past due hoa fees that were in dispute and outside of the statute of limitaitons.
THis caused a sale to fail. What remedies can we seek against the HOA owner?
answered on Jul 8, 2020
Quiet title, slander of title, and wrongful lien against real property are potential causes of action in a situation where an improper lien is placed on real property. Injunctive relief and money damages, along with attorney fees, may be recoverable with improper liens.
In slander of title... View More
I have full custody and he has standard visitation. I was wondering if I'd be able to move out of state with my daughter and what steps I'd need to take to do so? Can I move if I give him notice and have a parenting planning place for when I move or do I have to get approval from the... View More
answered on Jan 3, 2020
Utah Code section 30-3-37 governs relocation if the controlling decree does not address relocation.
At least 60 days before the planned move, the parent who plans to move more than 150 miles from the other parent must send the other parent a Notice of Relocation that tells the other parent... View More
I lost custody due to a very short-lived drug issue. I have been clean for over 3 years and completed all the requirements from the court. My ex husband wouldnt even let me talk to my kids until early this year. I got him to agree to let me see them every other weekend while he supervised. I want... View More
answered on Dec 26, 2019
This is left to the discretion of the trial judge. Utah Code § 30–3–10(2)(p) indicates that one relevant factor in the best interest of the child includes “the stated wishes and concerns of the child, taking into consideration the child's cognitive ability and emotional maturity.” A... View More
My ex has not let me see my daughter for a long time, other factors were an issue with this situation but aren't any more. I don't know where to start.
answered on Dec 9, 2019
I suggest contacting a family law attorney. Jurisdictional issues involving different states can be complicated in child custody disputes. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) defines the term as the state in which the child lived with a parent for at least six... View More
hi I need some advice. I am in UTAH , I am seller of my house. Buyer of my house did not pay the earnest money with in 4 days of offer acceptance( he paid after 5days and did not inform us ). Can I back-out from selling contract? and What other clauses can help a seller backout?
answered on Nov 25, 2019
If the real estate purchase contract has a "Time of the Essence" clause or provision, this could help the seller rescinding the contract in this type of situation. The general rule with regard to contracts for the sale of land is that time is not of the essence unless the parties... View More
I live in a unstable home and don't get the proper needs what would be the steps to take for someone to get guardianship of me?
answered on Nov 1, 2019
If there is suspected child abuse or neglect, the proposed guardian could first report the suspected neglect to the Utah Division of Child & Family Services (DCFS). Call 1-855-323-DCFS (3237). A minor can also contact a school counselor or other adult to self report possible neglect. The school... View More
I was the victim of domestic violence and my husband told the police I abused drugs after he physically attacked me in an effort to take the attention off himself. Prior to the argument I had told him that I had used a week prior thinking that it was a priviged cinversation. Can I argue that it... View More
answered on Oct 22, 2019
There are two privileges potentially involved here: the marital privilege and the privilege against self-incrimination. The marital communications privilege is governed under Utah Rule of Evidence 502. Rule 502 states that a confidential communication is "made privately by any person to his or... View More
Aprox. 5 years ago my 3 children were taken by their father while I was in jail a couple days due to my children not having a guardian in which I had signed a paper of temporary guardianship to my daughters best friends mother which was in effect the day they were taken. Since they were taken they... View More
answered on Jul 13, 2019
That sounds like a challenging situation. A parent could first report the children missing with the police. If you can afford one, you might consider hiring a private investigator to help locate the temporary guardian and children. Skip tracing services are also available (Google "skip tracing... View More
Her new boyfriend into our house. We are joint tenants on the deed/title. I'm the only one on the mortgage. What are my legal options? Can she take any liability for the mortgage or payment? Or should I prove that I am the only one who made payments on the house? And I can prove that she... View More
answered on Jul 13, 2019
It is hard to answer your questions without additional facts. If you are still legally married, then the title as joint tenancy will usually remain. In a divorce, the court will typically award allocation of assets and debts, including equity in a house and any outstanding mortgage. The divorce... View More
Husband and I did not live together between 2006 and 2016 never reconciled and he wants custody of second child not his he ordered child support for but he never paid cuz she's not his kid and claimed her on his taxes four yrs in a row and I want this resolved. Custody returned to her natural... View More
answered on Jul 8, 2019
This sounds like a complicated matter where you need an experienced family law attorney. The best interests of the child test governs child custody matters. You can find lots of family law attorneys here on Justia.
The was this woman who thinks it’s illegal to leave our dogs in the car when all the windows are down while we were eating she broke into our car
answered on Jul 8, 2019
The animal cruelty statute in Utah Code Ann. sec. 76-9-301 states that "a person is guilty of cruelty to an animal if the person . . . intentionally, knowingly, recklessly, or with criminal negligence . . . injures an animal [or] abandons an animal." The animal cruelty statute requires... View More
I have a neighbor that has fed my dogs many times and has been caught doing so, and we have approached him multiple times and he denies doing it though we have caught and approached him in the act! He has made both of our dog extremely sick, and almost killed one when she was younger. The first... View More
answered on Jul 5, 2019
A pet owner could file a complaint with the local police department for animal cruelty. Utah Code Ann. sec. 76-9-301 states that "a person is guilty of cruelty to an animal if the person . . . intentionally, knowingly, recklessly, or with criminal negligence . . . injures an animal."... View More
I got with my ex when she was pregnant, found out she cheated on me at least twice since he was born. I left two months before his third birthday in April 2017, had him every other weekend until October 2018 when I offered to pay half his daycare to get 50/50 custody and have had him every other... View More
answered on Jul 5, 2019
A person other than a biological parent, such as a grandparent or a step-parent, may petition the court for custody and visitation of a child in Utah. But there must be special circumstances for the court to award custody and visitation to a person who is not a parent.
Utah Code Ann. sec.... View More
answered on Jul 5, 2019
Noise laws are generally governed by city and county ordinances rather than state law. Under the state statute in Utah Code Ann. § 76-9-102A, a person is guilty of disorderly conduct if the person "makes unreasonable noises in a private place which can be heard in a public place." If the... View More
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