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Questions Answered by Kenneth Prigmore
1 Answer | Asked in Civil Litigation and Contracts for Utah on
Q: Does each living child need to sign the contract for attorney in wrongful death suit?

My brother and I are working with an attorney to review a potential wrongful death suit against my mother's physicians. As part of the medical records request the attorney asked my brother to sign the contract, but did not include any of the other siblings information. Do both siblings need to... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 8, 2020

I recommend you ask this question to a civil litigation attorney. This is a litigation contract you are asking about.

2 Answers | Asked in Social Security for Arkansas on
Q: Can i file for disability in arkansas ?

Im 29 have a bad left shoulder trigger point that causes constant pain and now i have a broken right hand that i had to have surgery on have wire and pin put in the dr said it wil hurt and give me trouble gripping stuff lifting stuff the rest of my life now i am right handed if i can im going to... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 2, 2020

You can always file. The focus will be on doctors noting specific issues that are disabling that last for at least one year. Most cases get denied. continue to appeal until you reach a judge. a large percentage of cases before judges get approved.

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: How long do I have to file a small claims case against my landlord about my security deposit they failed to return
Kenneth Prigmore
Kenneth Prigmore
answered on Sep 30, 2020

Here's some details on how to sue for a security deposit: https://le.utah.gov/xcode/Title57/Chapter17/57-17-S3.html

As for timing, I believe it is four years based on this statute: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html?v=C78B-2-S307_2017050920170509

1 Answer | Asked in Probate and Estate Planning for Utah on
Q: I lost my step dad a month ago and 1 of 3 daughter's took everything. There was no Wil. How can I get my sharej

He married my mom about 25 years ago and they divorced. He never adopted us girls but was are father. My sister took everything. He always insisted there was a Wil and it disappeared. How can I get my share and how is it legal she can take it all. Its so unfair cause me and my father was the... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 30, 2020

You are legally considered someone's descendant if they were your birth parent or they adopted you. If you are not a descendant, you can only inherit if they leave behind something stating that you are the intended heir. If your sister is the only living descendant of your stepfather, and... View More

1 Answer | Asked in Child Custody, Civil Rights, Juvenile Law and Social Security on
Q: Hello! Im 17 turning 18 soon when i do and move out but my mother doesn’t let me. I live in Puerto Rico.

Im planning to move to Ohio to study there in a college that has already accepted me but my mom is making me stay and study here. Can i move to Ohio and study there even if im 18, in PR the law says a minor is till 21, bit in Ohio it says its 18. By moving to Ohio do the state laws imply to me too?... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 29, 2020

That is an unusual law. I recommend you talk to a Puerto Rico attorney to verify what the law says.

1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: I purchased a vehicle on 9/18 from a dealership who said they could arrange the financing, I also traded in my truck.

Per the contract it says they have 7 days to arrange financing from date of sale, and if they are unable to I may rescind the contract within 14 days from date of purchase. I went in to the dealership on 9/25 to see if they had arranged financing and if not I wanted my vehicle back. This resulted... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 29, 2020

Contracts are designed to handle issues that may come up in the future related to a transaction. Unfortunately, no contract can handle everything and human error can cause problems for the contract. The information you gave so far leaves room for multiple arguments on what should happen in your... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Q: Is hiking across posted private property a trespass in Utah? My intention is to get to the other side, nothing else.

Scenario: I am hiking near Zion National Park and come across a fence that says "no trespassing". I'm trying to reach the highest point in Zion National Park but it is surrounded by cliffs (which I can't climb) and private property on the adjacent lands. There is a sign posted... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 23, 2020

In Utah, if you own property, you have a right to control who enters that property. Without an invitation, you are trespassing. If someone sues you for trespassing, they normally need to show what damage you did on their property to win money. In unique cases, someone may win more money than normal... View More

1 Answer | Asked in Business Formation for Utah on
Q: How do I acquire an abandoned patent? I need this patent for my company
Kenneth Prigmore
Kenneth Prigmore
answered on Sep 21, 2020

You will need the help of a Patent Attorney. A google search will bring up several.

2 Answers | Asked in Social Security on
Q: After 17 yes SSD is evalutating my case and want to see their doctor. With this virus must I go?

I do not take meds, they do not interact well with me. I learned to do without and try to live normal. Its difficult but better than becoming addicted to pain killers. My immune is compromised. This virus scares me . will I be kicked off SSI if I call and cancel that appt.

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 18, 2020

Your benefits are based on medical evidence. If your immune system is compromised, do you have a personal physician that can write a letter explaining this to SSA and recommending some option other than visiting an SSA doctor like waiting until you can get immunized?

People who refuse...
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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I am a widow with disability (spinal arthritis). My husband left a will with nothing bequeathed to my name.

I am a surviving widow, a greencard holder. I was married to my husband for 6 and a half years, but nothing is bequeathed to my name. I need support for my medications, I have no house and no income, not able to work due to my health condition (spinal arthritis and continuing nerve pains). My... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 16, 2020

Your situation is quite complicated and cannot be answered or solved in a couple of paragraphs online. Please go visit a probate attorney and explain your situation. Most attorneys are willing to meet with you for a first appointment for free and tell you what your options are. Just call ahead and... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: I'm a land owner of manorlands housing association fighting for my rights while a lien has been put against land..
Kenneth Prigmore
Kenneth Prigmore
answered on Sep 16, 2020

You are writing from Wyoming, and this is the Utah board, so we can only answer questions regarding property in Utah. Owning property in a HOA is a gamble as you get the benefit of controlling what happens in your HOA according to the rules, but if you ever cross the rules, you may have problems of... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: In Utah, with a month to month contract, no violations, can a landlord kick me out with 15 days notice move out?

they say it's because the potential buyers don't want me in there by the beginning of next month?

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 16, 2020

A landlord can terminate a month to month tenancy if they give you 15 calendar days notice before the end of the month.

Month to month means you don't have a contract that forces the landlord to allow you to stay longer.

1 Answer | Asked in Family Law, Health Care Law and Social Security for Florida on
Q: How do I obtain a counsel to become a legal guardian for my schizoid son!

My son has decided to not take his Meds. We are up against a system (HEPA law) that protects him but not his care taker (me) I need some control over his decision-making or lack there of! This is a long story and it is a 10 yr fight to help keep my son off the street! I need help to get me in front... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 15, 2020

You sound like you need a guardianship for your son. In court, the judge will review a letter from a doctor explaining the situation. You will have an attorney, and your son will have an attorney. Often the attorney for the son will tell the judge after meeting with the son that they feel the... View More

2 Answers | Asked in Social Security for Maryland on
Q: How can an average person know how successful a disability lawyer has been in getting people approved for SSDI?
Kenneth Prigmore
Kenneth Prigmore
answered on Sep 14, 2020

This is a great question! The average person will have difficulty being absolutely sure how many cases their attorney wins. Issues that will offset this is how often an attorney will accept social security cases. Some choose to accept every case that comes in the door. This does not mean they are... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Utah on
Q: My ex is selling his house and I am apparently on the title. What advice would you give me on what to do?

My ex called me tonight to let me know he is selling his house but can’t because my name is on the title. He is asking me to sign documents that basically give my rights to the house away? I don’t know how this works and I had no idea I was even on the title. We was never married. We bought... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 11, 2020

As a Real Estate attorney, I don't have much to tell you. Outside of a marriage relationship, if someone places your name on the deed, this is normally either a gift, or a purchase, of 50%. When a parent adds a child to their deed, the child is now a part owner.

Because you had a...
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1 Answer | Asked in Estate Planning, Civil Litigation, Insurance Defense and Probate for Utah on
Q: Life Insurance is asking for prescription list, autopsy and toxicology reports. How do I obtain these if Im not related?

BF died of drug intoxication. Insurance is asking for prescription list, autopsy and toxicology. We were not married how do I obtain these? I doubt his family will help me obtain one.

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 8, 2020

Obtain some sort of official demand from the life insurance company and give a copy to the sources of the documents you need. This may work.

Attorneys can normally obtain these items with a letter saying they need it for their client to obtain insurance.

If neither of these work,...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: can be kicked out of the house I'm renting for legally taking my prescribed medications

My prescriptions are subutex and xanex

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 8, 2020

If the only thing the landlord is evicting you for is taking prescribed medications, then no they don't have this right and you will win in court.

If you have any other issues, such as behavior issues resulting from the medications that put people or their property in danger, you can...
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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Utah on
Q: Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off

Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off and demand that i paid them back an i was making payments but not very much and theres no contract that he created for me to sing to show that I would pay him back, then he went an stole... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 2, 2020

First, it sounds as if the only agreement you signed is the one you both co-signed for the purchase of the car. The normal expectation is that you have the right to continue to pay the car loan on time until it is paid off. If you failed to do so, and the co-signer had to step in to save the... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: Amberley Condominiums in West Jordan wants to increase HOA fees next year from $200 to $300.

They justify the increase in a study carried out to make future repairs, however, families in this pandemic are unable to pay that increase. Is there any way to prevent this increase?

Kenneth Prigmore
Kenneth Prigmore
answered on Aug 26, 2020

HOAs are designed to get a particular result in the neighborhood: everything looks nice, nothing seems out of place. If you every disagree with the HOA, and you can't get enough people in the HOA to vote to do things your way, then you are stuck. Many HOAs cycle through power struggles similar... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: I have a back up offer in on a house. Can I offer the person in the first position money to buy them out of the contract
Kenneth Prigmore
Kenneth Prigmore
answered on Aug 26, 2020

Here's what you want to avoid: getting sued for interference with a contract. The buyer and seller have a contract, and you step in and stop that contract. To avoid this type of lawsuit, anything you do needs to result in making both the buyer and seller happy.

One option is to pay...
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