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Questions Answered by Kenneth Prigmore
1 Answer | Asked in Landlord - Tenant for Utah on
Q: Once you have put in your 30 days notice at a commercial property, can the landlord do an inspection before the 30 days?

After 6 years of dealing with terrible landlords, I have put in my 30 days notice to vacate property. My soon to be exlandlords are trying to enter the property prior to the 30 days being up for an inspection and I would like to know my rights.

Kenneth Prigmore
Kenneth Prigmore answered on Apr 6, 2020

I have never seen a commercial property lease without an agreement. Your rights will be detailed in that agreement.

1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Any entitlem to any monetary settlements/damages due to a change of lending programs which delays closing and funding

We are supposed to close and fund on April 16th with the buyer using a FHA loan. We found out today that they changed to a USDA loan and could possibly delay funding past April 16th. I am paying for a moving company to move to Texas, closing on a new home on April 16th in Texas, and have to start a... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Apr 4, 2020

This is obviously a very difficult situation. The short answer is look to your contract. Unless it specifically promises you will get the damages you are describing, you are not likely to get them.

Your relationship with the buyer is tightly controlled by the deadlines in your Real Estate...
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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!

Kenneth Prigmore
Kenneth Prigmore answered on Feb 26, 2020

The answer depends on how they held the property. If they held it in a trust, the trust could easily still be running and if you were the Trustee, you could sell the home. Same for an LLC if you were the manager or sole member of the LLC.

If they held it in a Joint Tenancy with you, then...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Prop Manag Co bus. license exp./agent license revoked. Can he legally sue for eviction?

He filed eviction under a new company name I have never heard of and a copy of a lease that is not our original lease. Signatures are copy and pasted. He originally filed with "Property Management" for the business name but amended it to lease company name. After I questioned having no license, he... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 24, 2020

If you can prove he copy and pasted the signatures, that is criminal and he could go to jail. Take the proof to the county attorney's office and make sure they know which attorney he is using. The attorney may be in trouble as well.

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2 Answers | Asked in Real Estate Law for Utah on
Q: If a spouse dies just before you close on a contract you've written to purchase a house, are you still obligated to buy?

And are you entitled to your earnest money back, it happened after all dates expired so the earnest money went hard.

Kenneth Prigmore
Kenneth Prigmore answered on Feb 20, 2020

The most likely answer is that you are going to lose the earnest money if you don't close on the purchase. I would definitely talk to the other side and explain you situation though. They may feel bad about your situation and offer to give back part or all of the earnest money.

The Title...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord in Utah ask for last months rent after we have moved in, paid deposit, and rent due?

We paid the deposit prior to move in. Deposit was the same amount as monthly rent. We moved in 6 days early and paid that with this months rent. Now they are saying that they want us to pay for last months rent in 5 days. This was not ever discussed or agreed to. And, is not in the lease.

Kenneth Prigmore
Kenneth Prigmore answered on Feb 14, 2020

Your relationship is based on the lease. If they can't show you a place on the lease where you are required to pay last month's rent, then they can't ask for it. If they tried to evict for your failure to give them last month's rent, but it was never agreed to, they would lose.

1 Answer | Asked in Contracts and Workers' Compensation for Utah on
Q: Does my employer have any right to clawback a 2019 bonus if I put in my 2-week notice on the same day as bonus payout?

I accepted a new job offer and it requires me to put in my 2-weeks notice to my current employer on the same day I get my 2019 performance bonus paid out. Does my current employer have any legal right to clawback my bonus if it has already cleared in my account?

Kenneth Prigmore
Kenneth Prigmore answered on Feb 7, 2020

No. Bonuses, though voluntarily paid on top of other compensation by your employer, are still considered wages in the eyes of the IRS. Bonuses are paid for past performance, with the hope that you will continue to work at that level.

Once they have paid you, they can't take it back. This is...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord keep his trailers on the property that my sister rents?

my sister rents a small house in Utah. The driveway goes from the street past the house to a garage. My sister's landlord has parked two old trailers on the driveway next to the house. They are an eyesore and my sister does not want them there. They also partially block access to the garage (which... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 17, 2020

The answer depends on the rental agreement and the condition of the property when your sister arrived. Does the agreement make any mention of the landlord storing anything on the property? Does the agreement use unusual language that says your sister was only renting the house and not the property... Read more »

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

Kenneth Prigmore
Kenneth Prigmore answered on Dec 2, 2019

In Utah, when someone dies without a will, anything with a stated beneficiary, like life insurance, or a pay on death bank account, will go to the person stated as a beneficiary. Everything else, including a house, first goes to the spouse of the decedent, if all of the decedent's children were... Read more »

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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have any legal grounds as after a promotion at my place of work, my wage did not increase and company will not pay?

I was promoted to a manager position in September. This was to come with a $.50 increase in my wage. I've just noticed today on a pay slip that my wage had not changed at all. After looking over this, my GM raised my wage to the appropriate amount but refuses to back pay as she does not have in... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 29, 2019

You can take them to small claims court. It will cost at least $100 to file the claim. You will need to show proof of when you were made a manager and started doing work that managers do. You will want to weigh the effects of suing your own company with the benefit of obtaining the unpaid $300.... Read more »

1 Answer | Asked in Probate and Estate Planning for Utah on
Q: My father died, and he was married. His wife says she hasn't found a will yet. what should I do for me and my sister?

My father just died. He was married. There is me and my sister. He just had retired from intel, and had several amount of money in stocks and bonds, and money saved up. Plus my step mother and him had just purchased a house worth about $750,000. I would like to know where all his money will be... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 29, 2019

I am sorry to hear of your father's passing. My condolences. You mentioned your father lived in Oregon and purchased a house there. Unless your father owned property in Utah, then you are going to be dealing with Estate and Probate law in Oregon. Each state can have very different laws regarding... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: My father and his brother bought some property together and have a deed showing they are the sole owners of the property

My Uncle passed away, he did not leave a will. So what does my father now need to do? Does this need to be filed with probate court? Or does this now fully pass to my father?

Kenneth Prigmore
Kenneth Prigmore answered on Oct 15, 2019

The answer depends on how your father and uncle owned the property together. If the deed says they are "joint tenants" then your father will receive sole ownership of the property. That would only require a simple document recorded with the county with a copy of the death certificate.

If...
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1 Answer | Asked in Real Estate Law for Utah on
Q: Hi, my mother just passed. I am one of her sons and she has no living spouse. What happens with her home?

She had a living will but it's from years ago and not notarized or anything. Also, has a power of attorney as one of the sons. But again not notarized.

Kenneth Prigmore
Kenneth Prigmore answered on Jul 16, 2019

It depends on a few things. Who are listed on county records as the owner of the home. Sometimes this may surprise you. If she signed and recorded a deed placing her property in a joint tenancy with someone else, that person now owns the property.

If she did not leave a will or trust...
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1 Answer | Asked in Real Estate Law for Utah on
Q: A/C in apartment broken for two months. Works in all units but mine. Can I withhold rent in Utah for this?

The owner paid to have someone fix the a/c and got it working in all units but mine. I am currently on a month to month plan because I am over on my lease. With that they charge additional rent plus a $100 month to month fee. I have told them many times that the a/c still isn't working in my... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jul 9, 2019

You are free to negotiate your rental costs on future months, but your choice to stay is your acceptance of any past agreements that will cover the current month. If the landlord fails to provide a service that was previously agreed to, (perhaps AC has been part of the lease?) then you have an... Read more »

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?

Kenneth Prigmore
Kenneth Prigmore answered on Jul 3, 2019

I would need more details before I named your contract. It sounds like you need a simple contract. This would state who the parties are, what services and products would be exchanged, and how long the agreement would last. Depending on how formal you want the agreement to be, more issues and... Read more »

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1 Answer | Asked in Real Estate Law for Utah on
Q: Is it legal for the neighbor to remove a fence on our shared property line without our consent?

Our joint fence was completely removed, and they have embarked on a 5 week process to construct a retaining wall and new fence. We were given no written plan or written notice. They have excavated on our property, and they are trying to get us to pay part of their project.

Kenneth Prigmore
Kenneth Prigmore answered on May 28, 2019

If both landowners paid to install a fence directly on a property line in the past, then yes, they need your permission to remove or replace the fence. Many fences are not built on a property line, but are instead just on one property or the other.

If you have had your land surveyed, you...
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1 Answer | Asked in Foreclosure and Real Estate Law for Utah on
Q: If I've paid off a home equity can they charge me attorney,appraisal fees, and owe property tax home insurance

Included mortgage payment in to escrow. I receive a letter to pay or I'm in default

Kenneth Prigmore
Kenneth Prigmore answered on May 8, 2019

As it has been five weeks since you posted, I suspect you have already been forced to make a decision. In case this issue comes up again, most of your relationship with the mortgage company is controlled by contract. Many lenders will agree to waive mortgage insurance if your equity exceeds a... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: My dad's landlord has been collecting rent from my dad and today we found out due to code enforcement that we have 10

Days to move cuz it is city property. Not our landlords. He refuses to refund any money or help with moving costs. We signed a lease and everything. What are our rights?

Kenneth Prigmore
Kenneth Prigmore answered on May 8, 2019

Since 10 days have already passed, I assume you are already out of the property, unless you retained an attorney that was able to help you work something out with the city. In regards to paying rent and getting a refund from the landlord, any rent paid in advance for days you aren't allowed to live... Read more »

2 Answers | Asked in Estate Planning for Utah on
Q: If a trust specifies a yearly distribution to beneficiaries until all money is gone,

legally speaking isn't the money in the trust still considered the trustor's held in trust after their death until all money is gone.

the trustor had specific burial wishes and noted that there would be "plenty of money" for those wishes. Can't the money in the trust be used to fulfill... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 8, 2019

You stated, "the trustor had specific burial wishes". If those wishes were stated in the Trust, they must be followed. Even "settling the affairs of the estate" could reasonably be inferred to include the costs of burial. If the Trustor had specific wishes that were not stated in the Trust,... Read more »

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