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Questions Answered by Kenneth Prigmore
1 Answer | Asked in Business Formation, Business Law and Tax Law for Utah on
Q: I want to register an anonymous business in Wy, then in Ut where I live. When I register in Ut, will I lose anonymity?

I have an e-learning business. I want it to remain as anonymous as possible. So I plan on registering in Wy. I do all the work out of Ut, which means I probably need to register here as well.

1. Do I need to register in both states if I do all the work in Utah, or can I just register in... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 25, 2022

It is not necessary to register in two states. In Utah, you can register a new business without revealing the names of the owners. To do this, you will need help from a third party like an attorney or registered agent services.

The newly created company will need an address, contact info,...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Does "written notice" to a landlord need to be signed and dated? Are emails and texts considered 'written notification"?

My wife and I are elderly and bought a house with a mother in law apartment 3 years ago (only our names are on the title and mortgage) but share expenses--mortgage, utilities, repairs and upgrades with our son and his family. He recently has tried to install a hot tub without our permission. When... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Dec 27, 2021

Normally your signed agreement between the parties will answer these questions. I highly recommend, whether you have an agreement or not, to sit down for a few minutes with an attorney to discuss your options. Most attorneys will do this first appointment for free to see whether they will be able... Read more »

2 Answers | Asked in Probate for Utah on
Q: My husband's brother died no will. But a forgery has appeared in the hands of his business partner. He had no children.

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... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Dec 20, 2021

When you have property left in the name of someone who has died, the only way to transfer that property is to do either a probate or get an Order Determining Heirs. If you have a Will, you normally do a probate. If you have no will, or if it has been over 3 years since death, you will need an Order... Read more »

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1 Answer | Asked in Contracts for Utah on
Q: I moved from Utah to Oregon. Had a moving company pack my Uhaul. They didn’t meet outlines of contract & damaged my thin

The contract stated they would bring pads, dolly, etc. they didn’t. Nor did they tell me so I could at least get a dolly from Uhaul. It slowed the packing of the truck one Alt since I lived on the third floor of an apartment and they had to carry boxes down one at a time. Then in packing the... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Dec 1, 2021

Small claims court is definitely designed for issues like this. Like Solomon in the Bible, they have a tendency to "split the baby", so if you wonder what your outcome may be, add up your damages and costs that can be proven with good evidence, and then cut the total owed to you in half.... Read more »

2 Answers | Asked in Estate Planning, Banking, Collections and Elder Law for Utah on
Q: Is the surviving spouse responsible for the debts of the deceased spouse
Kenneth Prigmore
Kenneth Prigmore answered on Nov 22, 2021

Shared debts remain owed by the surviving spouse. Debts tied solely to the deceased normally get paid out of their estate, meaning their share of the assets they owned at their death. One way to deal with those debts is to open a probate in Court, then publish a Notice to Creditors in the... Read more »

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1 Answer | Asked in Real Estate Law for Utah on
Q: If I bought a house with someone who didn't actually financially contribute to the house in any way and only paid

2 mortgage payments be entitled to half the home if it is sold?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 1, 2021

Step one is to communicate with this person regarding what they expect to receive in a sale of the home. Any value gained since the purchase, will be funds in question. (A court may find that the increase in value must be divided, you won't know until you receive a final judgment from the... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: If I were to buy a house with a married man that I’m not married to, would the wife have any right to the house?

If something were to happen to him, could she possibly get half or anything? They haven’t been together for many years. Him and I have two kids together

Kenneth Prigmore
Kenneth Prigmore answered on Oct 26, 2021

The answer depends on what you have listed on the deed. If the deed says two people own the house "as Joint Tenants" this means that when one dies, the other will own the full house. If the deed only lists both of your names, then when one dies, their half of the house will be a part of... Read more »

1 Answer | Asked in Contracts for Utah on
Q: buyer threatened violence against seller. Seller wants to cancel contract. buyers offer is way less than FMV. ?

Seller (who is disabled) had a friendship with buyer. Buyer became beligerant with seller making threats of violence and called him a liar. Buyer made a super low offer to flip the property. Seller found out the offer was extremely low based on comps in condo complex and surrounding comps. Seller... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 22, 2021

I highly recommend you communicate directly with an attorney to allow them to ask you questions and give you the best advice possible. Threats of violence are never ok. Contact local law enforcement and make a report.

You can send a copy of the report to the buyer with a notice of...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Our Landlord is selling the house we rent. She is telling us we have until 11-01-2021 to vacate. is this legal?

She sent us a Notice of Intent to Sell on 10-05-2021. She stated that the property would be sold to another property management company and that our tenancy and lease would not be affected. On 10-16-2021 a realtor and a young family came to look at the house. They were not a new company. I found... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 18, 2021

That sounds like a difficult situation. The description states when you were asked to leave, but it does not state when you received the notice. The timing of a notice is important. If you have a lease, you may have agreed to some specific time periods for notice to leave. Some state laws override... Read more »

2 Answers | Asked in Social Security for New York on
Q: I told SSA under oath on a recorded line that I was my daughter in order to get disability, to which she is entitled.

In order for my daughter to get disability (to which she is entitled), she had to have a phone interview with the SSA. Because of her disability, she was incapable of being subjected to an interview, so I made believe that I was she. As it turned out, I had to take an oath on a recorded line that... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 1, 2021

It seems clear you recognize the gravity of pretending to be your daughter under oath. If your daughter had originally attempted the interviews with her disability, she would have been helping the SSA agent to identify how the disability prevents her from working. So if those interviews go poorly... Read more »

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a mobile home park agent force me to pay another $50? If the late fee including rent was 450 but he ran my card 400?

My card then declined that attempt due to a fraud prevention. Me not knowing the total i owed was $450 saw the charge he just attempted to do for $400. I then went and got a cashiers check, which is another accepted way to pay rent, for $400. I turned it in 2 hours after later. After he received my... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 28, 2021

Charging your credit card in this case sounds like a collection of amounts due, not a communication of amounts due. I don't have any doubt that in court your mobile park agent could get a judgment that you haven't paid the amount agreed upon in your agreement. If the email communication... Read more »

1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If I'm paid salary that's all put into retirement acct is it still reported to SSA as income?

Can it disqualify me from receiving benefits?

Kenneth Prigmore
Kenneth Prigmore answered on Sep 20, 2021

The SSA Disability determination will be based on your ability to show up and do full time work. Your actual income has little to do with the equation. Sometimes there are exceptions based on you getting paid more than you are able to earn due to a generous employer that is aware of your... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: after a landlord serves a written note of leaving how long do they have to file in court
Kenneth Prigmore
Kenneth Prigmore answered on Sep 15, 2021

The answer to your question depends on why they are giving you notice to leave. For example, a notice to "Pay or Quit" due to failure to pay your rent may be only 3 days long. After that, they can file the lawsuit to start the eviction process.

If you are on a month to month...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: We are trying to end our lease a couple weeks early.

We provided written request to end the lease early and it was approved. We received a confirmation text from the property management company of new end date and a move out email with the new date.

One week following the confirmation from the PM co., we received an email from the landlord... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 23, 2021

As I have not reviewed your lease or the text and email from the landlord's management company, I can't tell you how likely you are to win if you were to fight this out in court. The theory you suggest is valid and may be true. Your relationship with the landlord is based on your lease... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Probate and Estate Planning for Utah on
Q: How do I get a tax id number on my family trust I'm trying to collect on a annuity and don't have the actual trust
Kenneth Prigmore
Kenneth Prigmore answered on Aug 23, 2021

Your best answer depends on a few things that an attorney would need to discuss with you. If you don't have a copy of the Trust, you need help proving your authority as the Trustee. If you are the creator of the Trust, you can always sign an updated version of the Trust. If you are an heir and... Read more »

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2 Answers | Asked in Family Law and Social Security for Oklahoma on
Q: I am 18 years old and I want to change my last name to my birth dad's last name he died when I was seven what do I do

My grandpa who was his dad said I could and if need to we could do a DNA test with me and him but it's a complicated situation because my dad died when I was seven and I have no records of him except pictures when I was little and he signed in as my dad when I was born but never put on my... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 18, 2021

I do not practice in Oklahoma, but your question appeared in my email today. Most attorneys will talk to you for free to see if they can help you. I recommend doing a google search for "oklahoma name change attorney". This will give you the contact info for several attorneys that... Read more »

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Does a landlord have a responsibility to attempt to find a new tenant if we break our lease early?

We are breaking our lease early due to personal reasons, nothing outlined in the contract. There is over a year left on the lease. The landlord said that he is willing to let us sell our lease or terminate the lease once a new tenant is found. Unfortunately, it seems there have been no reasonable... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 11, 2021

The landlord has a claim against you based on the lease period, however, if you quit the lease, the Landlord has a responsibility to advertise and actively seek a new tenant. The landlord can charge you for the advertising expense, but he can't just sit on the empty property for a year and... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I rent a condominium through a Prop Mngmt Co. Garage door had to be replaced and it took 2 months. I had to pay to park

Two months ago my garage door broke. It took 2 months to get it replaced. I had to park in the parking lot as the garage was inaccessible for those 2 months. The Homeowners Association charged me $50.00 month to park outside of the garage. I asked for reimbursement from the Property Rental... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 10, 2021

The final answer may be answered in your lease. If it isn't covered there, you could go to small claims court and sue. Small claims does not require an attorney, and it costs less to file.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Is it legal for the apartment complex I just move into to give me a bedroom door as my front door?

My front door is a flimsy bedroom door, it doesn’t close properly, the deadbolt doesn’t lock, the door gets stuck and I can’t get out of the door without a huge struggle, I’ve complained 3 times and I was only told that they would come and paint the door and replace the locks if I bought... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 2, 2021

There are normal minimums that come with making an agreement with someone. In the case of an apartment, safety and security are high on the list. If you feel the landlord isn't providing you with a secure situation, you can just leave, and then sue for any money you gave them. When addressing... Read more »

1 Answer | Asked in Juvenile Law and Social Security for Arizona on
Q: If I’m 17 and in Arizona and I run away to Chicago can my parents do anything about it?

Which state’s laws have the most jurisdiction in this situation? I know that in Illinois if a 17 year old voluntarily runs away the police will not force them home because It was voluntary, does that apply to this Scenario?

Kenneth Prigmore
Kenneth Prigmore answered on Jul 8, 2021

I am not an Arizona attorney. However, your question raises issues that you will need to consider for your personal safety and survival. It will take you a couple minutes to read, but it may save your life.

1- Be absolutely sure you need to leave home now. If your parents are causing you...
Read more »

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