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Utah Questions & Answers
1 Answer | Asked in Bankruptcy for Utah on
Q: I have a car that repossessed and I want to get my possessions out of it. They want the keys. I am going to file chapter

13 bankruptcy to get the car back. Should I give the keys so I can get my stuff?

James L. Arrasmith
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answered on Apr 25, 2024

In this situation, it's best to consult with a bankruptcy attorney before taking any action. They can provide guidance on how to proceed in a way that protects your rights and interests.

Generally speaking, if you plan to file for Chapter 13 bankruptcy and want to keep the car, you may...
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0 Answers | Asked in Estate Planning for Utah on
Q: What is the difference between a person named as a lifetime beneficiary and a primary beneficiary of a common trust?

My daughter formed a trust on my mother’s assets. Unbeknownst to me when my mother died, I discovered that I inherited nothing. I got a copy of the trust and I don’t understand what it means. I am listed third under my daughters as a lifetime beneficiary. What rights do I have? In another... View More

0 Answers | Asked in Patents (Intellectual Property) for Utah on
Q: I have a patent assignee who failed to pay the maintenance fees. Do I have any recourse to reclaim abandoned IP?

Can I petition the patent office, pay the fees, and recapture the abandoned patent (for lack of fee payment) ? Are there other remedies? I am the inventor of over 25 US patents. I filed the last patent application pro se. It was granted without questions from the examiners.

0 Answers | Asked in Insurance Bad Faith and Insurance Defense for Utah on
Q: If insurance is not collected at the crash what happens then?

I am doing a school project and I need to know what would happen in a scenario where two people got into a crash. Person 1 does not collect persons 2 insurance-only their phone number. Legally speaking, does person 2 have an obligation to communicate with person 1 and provide their insurance?... View More

1 Answer | Asked in Estate Planning for Utah on
Q: What is the percentage a nonprofessional ( a family member) trustee can charge a family trust?
Wesley Winsor
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Wesley Winsor
answered on Apr 22, 2024

In Utah, there is no set percentage for what a nonprofessional (family member) trustee can charge a family trust. Compensation is typically based on what is reasonable given the duties performed, the time involved, and the complexity of the trust administration. The trust document may specify the... View More

0 Answers | Asked in Traffic Tickets for Utah on
Q: Is there a way to lower the fine and/or points after getting a speeding citation with also having gotten in a car crash?

I'm under 21 and have gotten in a car crash before which was my fault and I'm pretty sure was for Negligent Collision. I just got a speeding ticket that was between 1-10 over.

0 Answers | Asked in Divorce and Family Law for Utah on
Q: If the cars are in my name can I sell them? Can I sell one of the cars to my husband? We are currently separated.

Also could I just put his name on the bills since they are in my name and I am not living at our home?

0 Answers | Asked in Probate for Utah on
Q: I just wanted know if something can be done

So back in 2003 there was a family road trip from Kearns UT. To ST. George UT. Unfortunately there was an accident now in the vehicle at the time of the accident was 3 cousins of mine, my older brother, my mother, me and my father. 3 lives were lost both of my parents and one of my cousins, one of... View More

1 Answer | Asked in Immigration Law for Utah on
Q: just asking about a green card renewal

I applied on line for I90 renewal card. I got my 2 year extension emailed and also my Biometric letter but it say Biometric reuse that they can reuse my past biometric . is that something new ?

James L. Arrasmith
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answered on Apr 15, 2024

Yes, biometric reuse is a relatively new process implemented by the U.S. Citizenship and Immigration Services (USCIS). In certain cases, the USCIS may be able to reuse the biometric data (fingerprints and photographs) that were previously collected from you for an earlier application.

This...
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1 Answer | Asked in Banking and Social Security for Utah on
Q: My sole means of support is my Social Security income. I am in dispute with the bank that serves my checking /savings.

Can the bank attach my checking and savings accounts. I don't have the money to file for bankruptcy, the bank is my sole creditor. I have a small positive balance under $2000.00, consisting of my SS check and $763.00 proceeds from a loan from my term life insurance policy Are these ever... View More

James L. Arrasmith
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answered on Apr 13, 2024

In most cases, Social Security income is protected from being seized or "attached" by creditors, including banks, due to a federal law known as the Social Security Act. This protection extends to funds in your bank account that can be clearly identified as Social Security income.... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Have lease, expires May 2025. Landlord wants to sell and has ordered to vacate. Do they have to financial compensate. UT

Landlord won't respond and has ordered to vacate in a week. Causing duress and worry as this would put me homeless with 2 dogs. Wants to sell but have a lease till 2025. What recourse do I have? I know she must honor the lease but it's a form of harassment as she keeps calling and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Utah, if you have a valid lease that doesn't expire until May 2025, your landlord generally cannot force you to vacate the property before the lease ends, even if they want to sell the property. The lease is a legally binding contract, and the landlord must honor it.

However, there...
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1 Answer | Asked in Elder Law and Health Care Law for Utah on
Q: Is it legal to yell and belittle a resident/patient of a care facility? Can a employee of a care center search a friend

Tell them of a situation that happened?

Wesley Winsor
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Wesley Winsor
answered on Apr 10, 2024

In Utah, it is illegal and unethical to yell at or belittle residents in care facilities. State regulations, specifically under the Utah Administrative Code R432-150-12, protect residents from mental and physical abuse. Such actions can be reported to the facility management, the Utah Department of... View More

0 Answers | Asked in Health Care Law and Nursing Home Abuse for Utah on
Q: Can anyone that works at a care center tell or ask someone anything about a resident without resident knowledge

Resident room there was found drug peripheral left by a friend when another friend came to visit he was Search

Add and told what was found and shown. What was found 2 this person without residents knowledge?

1 Answer | Asked in Immigration Law for Utah on
Q: I just need to know if I put Czechoslovakia as my birth country or Czech Republic

I am renewing my green card not sure to put Czechoslovakia or Czech republic . My current card about to expire says Czech Republic when I renewed 10 years ago

James L. Arrasmith
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answered on Apr 8, 2024

Since Czechoslovakia no longer exists as a country, and your previous permanent resident card listed Czech Republic as your country of birth, it would be most appropriate to use "Czech Republic" on your renewal application.

When filling out official U.S. government forms,...
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1 Answer | Asked in Immigration Law for Utah on
Q: I just need to know if I put Czechoslovakia as my birth country or Czech Republic

I am renewing my permanent resident card and My country of birth was Czechoslovakia but in 1993 changed to Czech Republic. so not sure what to put. My card about to expire says Czech republic . I'm getting mixed answers

James L. Arrasmith
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answered on Apr 8, 2024

Since Czechoslovakia no longer exists as a country, and your previous permanent resident card listed Czech Republic as your country of birth, it would be most appropriate to use "Czech Republic" on your renewal application.

When filling out official U.S. government forms,...
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1 Answer | Asked in Elder Law and Real Estate Law for Utah on
Q: Condo discrimination based on income?

I am a condominium owner and resident at Capitol Heights Condominiums, 480 N. Wall St, A101, 84103.

At a recent owners’ meeting it was revealed that the entire board of the HOA were investors, and that only six of our 18 units were owner-occupied. At our last meeting, the board raised... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand your concern about the high HOA fees and the potential unfairness of the situation for owner-occupiers compared to investor-owners. However, I don't believe this would legally be considered discrimination based on income. Here's my analysis:

1. HOA fees are set by the...
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0 Answers | Asked in Appeals / Appellate Law and Traffic Tickets for Utah on
Q: What is best way to appeal parking ticket in Utah where judge agreed with prosecutors poor reading of law?

Was cited at a Park and Ride for "11.20.050 Parking prohibited in specified areas". Car was not in a marked parking space, but not blocking traffic in the parking lot, was also not parked along any red curbs or where No Parking signs were posted. Officer couldn't tell me which of the... View More

1 Answer | Asked in Civil Rights for Utah on
Q: My partner and I are wanting to get married within a residential program but they say we can't live together

My partner and I are in Chrysalis Cedar city, and the people in charge aren't letting us move in together when i was told that it is our right to move in together, is it true that it is our right to move in together

James L. Arrasmith
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answered on Apr 2, 2024

It seems like you're in a complex situation. Generally speaking, whether you have a legal right to live with your partner in a residential program depends on the specific rules and policies of the program, as well as any applicable state and federal laws.

Many residential programs,...
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0 Answers | Asked in Criminal Law for Utah on
Q: I was charged with theft by dec. My ex asked me to log into his online acc & start the loan process for him..

They ended up funding the loan into his Zions bank account & during this process I attached my email to the application, & the next thing I know a year later after we broke up, I’m getting pulled over & arrested, saying I withdrew the funds from his bank account. I didn’t do that,... View More

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