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answered on Mar 30, 2024
After the plaintiff has replied and submitted the case for decision following your response opposing summary judgment, it's important to stay engaged and prepared. Keep in close communication with your legal representative to understand the next steps. They may advise on whether additional... View More 
I filed my response to the Motion For Summary Judgment and as I said the Reply and Submit For Decision have been filed. Is there anything I can do at this point to stop this Summary Judgment? Can I file to have the case dismissed or respond to the reply? Can I request a hearing? Do I just simply... View More
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answered on Mar 31, 2024
As a pro se defendant, you have a few options at this stage, but some may be limited depending on the court's rules and the specifics of your case. Here are some potential steps you can consider:
1. Motion to Strike: If the plaintiff's reply contains new evidence or arguments that... View More
answered on Feb 16, 2024
The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.
If it has been long enough, the entity may have turned... View More
4 kids inherited a property from parents with 2 being an executor. After a closing date is set 1 nonexecutor kid places lien on property wanting price to be raised 200k. Price being sold is appraisal value. Is this allowed to stop closing of house and is there really a lien allowed to be placed on... View More
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answered on Nov 12, 2023
Based on the facts provided, it would likely not be legal for the non-executor sibling to place a lien on the inherited property to prevent the sale after contracts have been started. Here are some key considerations:
- If there are multiple heirs, the executors have authority to sell... View More
How do I go about getting my name added to the house
answered on Sep 25, 2023
The answer depends on a few things:
1- Were they listed as joint tenants or something else?
2- Did he leave a surviving spouse? In Utah, a surviving spouse will inherit everything if all of the children of the decedent are also children of the surviving spouse. If the surviving... View More
Owners apparently had a change in their financial situation and now want to buy out our lease. Moving would lead to considerable costs.
answered on Sep 15, 2023
Your lease is a contract that will control whether a buyout is allowed and how it needs to transpire. If there is no mention of a buyout in your lease, then your landlord will need your permission to terminate the contract.
Unless the lease says otherwise, you can negotiate what you think... View More
She was divorced by her husband and now the judge is granting him half of the house AND a life estate. He has paid nothing for 15 years. Any recourse on my part?
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answered on Jun 21, 2023
Your Mother should have informed the Court of the Title. A Rule 59 Motion To Amend The Judgment might be made now if within 30 days of entry. If all else fails you may want to file suit for Partition. You must hire a UT attorney now.
how is the matter resolved when the check clears? Can the legal assist. who sent the letter add atty fees, unauthorized contractor fees and interest from 2-10-23 in the amount of over $400? I notified ALL PARTIES AND LEGAL ASSIST. Feb. 11 by email that I already put their check in my lobby of my... View More
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answered on Mar 2, 2023
If you have already paid the pre-lien notice in full, including the invoices and any late fees or interest, and have proof of payment, then the legal assistant should not be able to add additional fees or charges. However, if there is a dispute regarding the payment or additional charges, it may be... View More
In Utah this is important because anything inherited by my stepmother through joint tenancy offsets what she would inherit of my father's other assets that were solely in his name.
answered on Nov 14, 2022
You should look to the operating agreement (if there is one) to see how the decedent member's interest is handled. If there isn't one, then an LLC interest is considered personal property and if acquired during marriage would be considered as being held in joint tenancy.
I hope... View More
She was suppose to be the deed and my brother the co-sign she doesn’t understand or speak English good so she trusted him and his been lying all this time now he’s moved in and been threatening her to sell the house and wants half the money when he’s not even paid a penny is he entitled to... View More
answered on Oct 20, 2022
This is unfortunately one of the situations we warn against if a parent is considering adding their child as an owner on their home. The main question will be whether your mother was manipulated or bullied into the transfer. If she was not unduly influenced by your brother, and she really wanted... View More
I was given 30 days notice to vacate the premises and exactly 30 days to vacate as from last night (07/18/2022) and he is giving me until 08/16/2022 to do it. My understanding is that I had until the end of the following month of August. To say the least he has been a nusance. I would need a link... View More
answered on Jul 19, 2022
That is a lot of questions. Most attorneys will do a free consultation in their first appointment. I no longer accept clients on this type of law, but here is a great resource: do a google search for "Utahlegalservices" They help people that can't afford an attorney, and the website... View More
I have no utilities on this property, the privately shareholder owned water company is transferring it to the county. This is how i found out there is an outstanding bill of 17 years for “membership” and late fees. These a bogus charges but i really don't want to pay an attorney to prove... View More
answered on Jul 18, 2022
From your description, I see at least two issues: 1) how to get the water company to stop grouping both of your properties in your name in the same box for charges for water services, and 2) avoiding a lawsuit attempting to attach and sell the property to pay a claimed debt.
Regarding the... View More
If an executed deed is not recorded, the deed transfer is still effective, correct?
answered on Jul 18, 2022
When you pay money for a piece of property, then you do have a claim against the person that sold you the property. But, the intended effect of a deed is to transfer ownership on official records. Until the deed is recorded, the transfer has not occurred in the eyes of the county and the state.... View More
this is a rental agreement on farm ground
answered on Jul 12, 2022
The answer to your question will normally be found in your rental agreement. If you don't have anything in the agreement that specifically allows you to cancel if you sell, then you will normally be expected to fulfill the terms of the contract. As this is for farm ground, you don't have... View More
Agent never sent the amendment to the sellers agent and now we have been in a breach of contract for about two weeks without even realizing it because we were under a different impression. What can we do in that case?
answered on Jun 22, 2022
The first question will be whether anything negative happens to you as a result. If you don't have to pay anything extra, and you don't lose an opportunity, then there isn't normally much you can do about it.
Read your real estate purchase contract to see what if any... View More
2 rental properties in Utah in which I am the sole owner, I reside in WA. I formulated an LLC in Utah but never used it \. Would like to reuse that LLC but the address is under a former business partners address that lived in Utah. I am now sole owner of LLC. I already have a seperate bank... View More
answered on Mar 21, 2022
Best practice is to set up an LLC where the real estate is located. We can update addresses and registered agents as well as ownership information in order to bring your business information current.
If you don't have the LLC in the same state as your real estate you will often have... View More
My lease ends this month and the apartment complex says that I need to give them 60 days notice that I'm moving out. I've never heard of needing to this. If I have to comply I'll be paying a ton more for a month to month contract which I don't want to do.
answered on Mar 16, 2022
The answer lies in your rental agreement. Does it require 60 days notice?
At time of death it was valued at $270,800. Selling at 373k. It’s the only asset. Do we pay capital gains tax? What rate? Or does each descendant get a 1099 and pay their own taxes?
answered on Feb 10, 2022
This is a better question for your accountant, but normally the estate will issue a K1 to each beneficiary that received cash distributions from the sale of the house that year. The house appreciation from the date of death will be attributable to the beneficiaries to whom it was distributed to at... View More
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... View More
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... View More
2 mortgage payments be entitled to half the home if it is sold?
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... View More
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