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My mom made herself as the payable person on the check. No hard assets other than paid for car, rented low income apartment. This is why the cashiers check to keep the funds private. I have the death certificate. No other heirs, ex husband divorced over 10 years ago, no other debts other than, if... View More 
answered on Dec 19, 2024
The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a... View More
I have 50/50 shared custody, but with the final say in decisions. Current stipulation says that if I move away, I have the children with full custody. However, I tried to move in August, other party fought it, and commissioner ordered the children can't change schools.
My landlord is... View More
Ex thinks she found a loophole to avoid paying her share of our debt because the decree states “after the sale of the marital home,” before explicitly stating how debts are to be divided. Divorce was finalized April 2024, house still hasn’t sold despite being shown over 40 times and I’m... View More
I wasn't notified that he could just take me, and my guardian ad litem didn't make it sound like he could, I'm 16 and I don't know what to do.
My husband bought our home 2 years before we met. His kids are still listed as his beneficiaries on the house. If he dies before adding me to the title, can they kick me out of my home? We live in Utah and I want to know if I have any rights as his spouse.
answered on Aug 29, 2024
A surviving spouse can have rights under Utah state law, but those rights can also be given away. Prenuptial agreements and estate planning documents can make all the difference. In some cases your rights can give you a portion of the estate no matter what happens.
I encourage you to sit... View More
I get paid two times a month and they force me to give them 160 and I'm 19 and they have been doing it since May last year
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answered on Jul 27, 2024
I'm sorry to hear about your situation. At 19, you are legally an adult, and your earnings are your property. Your parents should not take your money without your consent, and doing so could be considered theft.
You have the right to seek legal advice to understand your options better.... View More
Losing full custody due to a 34(e), dcfs involvement with little to no progress in 2 years time, mentally ill mother (bpd), needing to fight back against childs mother and dcfs maybe find a way to withdraw/change the 34(e) plea.
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answered on Jul 27, 2024
To address a 34(e) plea in juvenile court, you should start by consulting with your attorney about the possibility of withdrawing or amending the plea. It's important to gather all evidence of any abuse or mistreatment and any documentation showing efforts made towards improvement over the... View More
They got the kids back and they've been told by DCFS that they can't take away their kids doors.
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answered on Jun 21, 2024
I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:
Parents generally have the right to control their children's access to technology, including mobile data.... View More
s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More
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answered on Mar 14, 2024
I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:
As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it.... View More
Do you have to go through an adoption agentcy or does she just sign over custody?
answered on Feb 20, 2024
As to your question in general, it comes down to what you want to do.
1. Temporary custody: This allows you to have custody of the child for a limited period, typically up to 6 months. However, it can be revoked at any time by the birth parents. Drafting this document requires meeting... View More
My husband will be going out of town for a week and he has his kids every weekend. He will be gone during that visitation. If they don't have the Right of First Refusal in the decree, as their stepmom, can their mom stop them from spending the weekend with me? From what I read, that would... View More
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answered on Jan 18, 2024
In Utah, the Right of First Refusal (ROFR) typically needs to be specified in the custody decree for it to apply. If the custody decree doesn't include a ROFR provision, your husband may have the discretion to choose who takes care of the children during his absence. Without a specific ROFR... View More
A family friend dropped their children off 2 weeks ago and has made minimal effort to pick them up. They have lived with me off and on since birth. They have a stable home but chose not to live there, and continue to drag the kids around from place to place leaving them for extended time periods... View More
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answered on Jan 10, 2024
If you are seeking custody of a child who is a non-family member due to concerns about the parent's addiction, the process in Utah typically involves filing a petition for guardianship or custody with the appropriate court. Given that the children have been living with you and the... View More
He sold the house 6 months ago, and is holding on to all of the proceeds. We are about to go through a divorce. He is claiming that I have no right to that money. Is he right? My name was on the deed and title.
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answered on Dec 20, 2023
In Utah, if your name is listed on the title and deed of your soon-to-be ex-husband's house, you likely have a legal claim to a share of the proceeds from its sale, even if the sale occurred before the divorce proceedings. The fact that your name is on the title indicates ownership interest in... View More
Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?
answered on Nov 17, 2023
If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More
The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.
answered on Nov 6, 2023
Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More
To clarify, the devices are purchased with money I have earned at a job, not gifted money etc.
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answered on Sep 15, 2023
In Utah, as in many other states, once you reach the age of 18, you are considered an adult and have certain legal rights, including the ability to make decisions regarding your personal property. If you have purchased devices with your own money and are 18 years old or older, your parents... View More
Ex girlfriend had another guy on the side, he signed Birth certificate, now she isn’t sure and want a paternity test from me. She’s in a mother state. (Florida I believe) I received a letter from her requesting paternity test. I have doubts I’m the father. Am I required to submit to testing?
answered on Jul 10, 2023
A court can order you to submit to paternity testing but you are not legally required to comply with a letter requesting it.
answered on Jun 20, 2023
What is more important than the certificate is how long you have been married. Clerks make errors on certificates all the time, but that does not automatically void them. Similarly, who signs the certificate and when are not normally a problem.
Your question sounds like you may feel forced... View More
I opened these accounts for my kids, under my own account, without my ex ever being on said account, she's asking I close these out, give her the money, and give a list of when the accounts were opened, any transactions etc. We've been divorced since July, am I legally obligated to do... View More
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answered on Mar 5, 2023
If the savings accounts were opened solely in your name and your children's names, and your ex-spouse was never a signatory on the account or made any contributions to the account, then she likely does not have any legal right to demand that you close the accounts and provide her with the... View More
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