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1 Answer | Asked in Estate Planning and Family Law for Utah on
Q: Will I be kicked out of my home by my husbands heirs?

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.

Kenneth Prigmore
Kenneth Prigmore
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...
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1 Answer | Asked in Civil Rights and Constitutional Law for Utah on
Q: I've tried to buy a pistol recently and failed the background check because of an expunged juvenile record. Why is that?

I have the paperwork saying the record has been expunged, I don't get why it's showing up. It didn't show up when they did a deep background check when joining the army. Did someone at court make a mistake while expunging my record.

James L. Arrasmith
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answered on Aug 31, 2024

It can be frustrating to see an expunged juvenile record still affecting your background check, especially after successfully passing other checks, like for the military. Expungement typically means that the record should not be accessible or considered during most background checks, including... View More

1 Answer | Asked in Constitutional Law for Utah on
Q: What can I do when 3 LEO's entered my home without a warrant or my permission? Please see summary of incident below.

Approximately three weeks ago at 9:30 PM three cops came into my locked house WITHOUT my permission for what they claim was a "welfare check" they CLAIMED that "someone had called them that evening and reported that they hadn't seen or been able to get ahold of me for over a... View More

James L. Arrasmith
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answered on Aug 31, 2024

When law enforcement officers enter your home without a warrant or your permission, it can be a violation of your constitutional rights. In this situation, you may have grounds to challenge their actions, especially if they did not have a legitimate reason to believe there was an emergency that... View More

2 Answers | Asked in Car Accidents for Utah on
Q: I did a minor hit and run, I pulled over and the car I hit didn't. Could I be in trouble?

So I clipped a car with my mirror changing into the turning lane. I ended up in front of them in the turn lane. I assumed they would follow me into the less busy side road I was turning into instead of the busy road where it happened and we could get it resolved. But they did not follow they stayed... View More

James J. Lee
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James J. Lee
answered on Aug 29, 2024

You pulled over and reported it. Really, this should be seen as a hit and run.

If the police do call you later, you will probably feel tempted to explain the situation. It would be better to say that you would like to consult with an attorney first.

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1 Answer | Asked in Civil Rights for Utah on
Q: What can I do when 3 LEO's entered my home without a warrant or my permission? Please see summary of incident below.

Approximately three weeks ago at 9:30 PM three cops came into my locked house WITHOUT my permission for what they claim was a "welfare check" they CLAIMED that "someone had called them that evening and reported that they hadn't seen or been able to get ahold of me for over a... View More

James L. Arrasmith
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answered on Aug 31, 2024

You have every right to feel concerned about this situation. When law enforcement officers (LEOs) enter your home without a warrant or your permission, it can be a violation of your constitutional rights, especially if there was no imminent threat or emergency justifying their entry. In general,... View More

2 Answers | Asked in Car Accidents for Utah on
Q: I rear ended a car and the same car backed into me while pulling to the side. I had no insurance. Am I at fault?

I rear ended a car and my tags were expired for about a month and no auto insurance. We were going to pull to the side to exchange information and not cause traffic and he accidentally backs up into me probably harder than I hit his car. He is now trying to make me pay for his damages. Am I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2024

A Utah attorney could advise best, but your question remains open for two weeks. This is a difficult one - unless there is video available, it's going to be your word against his. For a low-speed impact like that, there is no economical means of distinguishing between impact 1 and impact 2 -... View More

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1 Answer | Asked in Uncategorized for Utah on
Q: i'm 19 and pay for my phone bill - can my parents take said phone away?

they bought the phone, however i pay my phone bill - they just kicked me out and took my phone stating that i "didn't pay it off"

is there anything i can do?

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2024

A Utah attorney could advise best, but your question remains open for two weeks. If they paid for the phone, the agreement is probably under their name, together with control over the phone. Good luck

2 Answers | Asked in Estate Planning for Utah on
Q: How do I find out if I was named in a trust? How do I find out if my kids were on a trust?

My dad passed away and prior to his passing, his condo burned down and needed rebuilt. Is there somewhere I can search to find the trust my dad said was set up? I don't have any idea who the trustee is or the executor of his will. I'm concerned his will was destroyed in the fire a year... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 3, 2024

The county recorder will have a record of the most recent deed on the property. This will show if the property is held in a Trust. If it is not in a Trust, you will need to go through Probate to transfer the property.

If you can't find a copy of the Trust, you may have to do a Probate...
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1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: What privacy laws would apply to me in a program where I'm homeless in my curtains being shut for privacy

I'm in a homeless program and they moved us up to a motel most recently as state of Utah and I'm being told I cannot have my window curtain shut it must be opened at all times their rules they have to be able to see in what rights do I have toprotect my privacy

James L. Arrasmith
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answered on Sep 7, 2024

In Utah, your right to privacy, even in a homeless program, is important. While programs and shelters may have rules to ensure safety and security, they must also balance these with respecting your dignity and privacy. If a rule requires you to keep your curtains open at all times, you can ask for... View More

1 Answer | Asked in Criminal Law for Utah on
Q: My bf is incarcerated right now, they keep telling him they r waiting on the discovery to see what is further being done

What can we do to bring him home

James J. Lee
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James J. Lee
answered on Aug 9, 2024

Sorry if this answer is too late.

This largely depends on what stage of the process he is in. If I assume he was arrested recently and is in the beginning stages, he may be in custody for a few days till they officially file charges against him. There's a good chance they will release...
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1 Answer | Asked in Consumer Law, Contracts and Copyright for Utah on
Q: Can a photographer use your photos to sell for profit in Utah?

I paid a photographer to take photos in two separate sessions. There were no contracts involved, she took my photos and I paid her for her services both times. She messaged me last night stating that she put my photos into a magazine that she created, and is going to sell them for profit at the... View More

James L. Arrasmith
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answered on Jul 31, 2024

You have every right to be upset about this situation. When you pay a photographer for their services and there is no explicit contract detailing the use of the photos, it's generally understood that the photos are for your personal use. The photographer should have asked for your permission... View More

1 Answer | Asked in Criminal Law for Utah on
Q: I just want to know what charges can my cousin get and how long he could possibly be in jail for

He is 18 years old. He was drunk and had a gun. Him and his girlfriend live together. But his girlfriend mom came over and when he was drunk he pulled out the gun to them

James J. Lee
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James J. Lee
answered on Aug 19, 2024

Depending on a few more details, he could be charged with one or more of the following:

-Intoxication (Class C misdemeanor; 90 days jail; fine)

- Minor in Possession (Class B misdemeanor; 6 months jail; fine; driving suspension)

- Threatening with or using dangerous weapon...
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1 Answer | Asked in Criminal Law, Communications Law and Military Law for Utah on
Q: My ex boyfriend keeps telling me to kill myself via email. What can I do?

He lives in Virginia and is active duty military. I live in Utah. I am unsure if it is him sending the email or his sister (she supposedly has account access). I was told I am not able to file a protective order because he is out of state.

James L. Arrasmith
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answered on Jul 18, 2024

I'm really sorry to hear about what you're going through. Receiving such emails is deeply troubling, and it's important to take action for your safety and well-being. You can report the threatening emails to your local law enforcement in Utah. Even though he's out of state, law... View More

1 Answer | Asked in Uncategorized for Utah on
Q: What lawyer do I contact to sue provo canyon school for sexual verbal and mental abuse
Tim Akpinar
Tim Akpinar
answered on Jul 19, 2024

A Utah attorney could advise best, but your question remains open for a week. Law firms that handle sexual harassment cases could be a starting point for you. Good luck

1 Answer | Asked in Family Law, Banking and Civil Rights for Utah on
Q: If I'm 19 and my parents steal my money do they have to pay me back for the money they stole from me

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

James L. Arrasmith
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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....
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Utah on
Q: What can be done on a 34(e) plea in juvenile Court claiming abuse

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.

James L. Arrasmith
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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

1 Answer | Asked in Copyright and Intellectual Property for Utah on
Q: I want to alter and resell stuffed animals I buy from thrift stores. Do I need to credit the original manufacturer?

Can I remove the tags? I want to sell them online. I have not attempted to sell any of them yet.

James L. Arrasmith
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answered on Jul 18, 2024

When altering and reselling stuffed animals, it's important to understand a few key points. First, you don't need to credit the original manufacturer as long as your alterations significantly change the product, making it a new, unique item. However, keep in mind that some brands have... View More

1 Answer | Asked in Employment Law and Tax Law for Utah on
Q: If I am hired as a personal assistant, should I sign a W2 or w9 before accepting payment as wages?

The "employer" sent me a cashier's check from an online bank. I'm supposed to pay 2 of his bills, then take my pay and deposit it.

James L. Arrasmith
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answered on Jul 18, 2024

When hired as a personal assistant, it's important to determine whether you're being classified as an employee or an independent contractor. If you're classified as an employee, you should receive a W-2 form from your employer, which details your wages and the taxes withheld. On the... View More

1 Answer | Asked in Tax Law, Banking and Consumer Law for Utah on
Q: Can an online bank issue a cashier's check? How can I see if this cashiers check is legitimate or fake?

I feel like this is a money laundering scam. How can I verify this?

James L. Arrasmith
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answered on Jul 18, 2024

Yes, an online bank can issue a cashier's check, but it's essential to ensure its legitimacy to avoid potential scams. To verify if a cashier's check is genuine, start by contacting the issuing bank directly using a phone number from their official website, not from the check itself.... View More

1 Answer | Asked in Libel & Slander, Civil Rights, Constitutional Law and Personal Injury for Utah on
Q: Nov 4 2018 the day i check in it Sept 11 2019 i sustained iinjuries from a assault and battery at lantern house shelter.

Its was 2 against 1 i had no chance of defending myself, which means it was planned no officer of the law or emt attended to my injuries instead I was told to leave the lantern house shelter for 3 years before i was able to come back its there purposely keeping me from getting the xrays and mri... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're describing a serious incident that occurred on September 11, 2019 at the Lantern House shelter, where you were assaulted by two individuals. This sounds like a very distressing and traumatic experience. I'm sorry to hear you went through that.

Based on what...
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