Utah Questions & Answers

Q: I want to add my son's name to the title of my house as joint tenancy. The title is free and clear. How do I do that

1 Answer | Asked in Real Estate Law for Utah on
Answered on Oct 20, 2018
Vincent Gallo's answer
You would properly prepare, execute and acknowledge the deed and ancillary transfer forms required by the county clerk and then record them with the county clerk.

Q: I bough a bike the disputed it now merchant want to charge me as fraud

1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Answered on Oct 15, 2018
Timur Akpinar's answer
An attorney looking at these facts might ask for further details. A Utah attorney who handles such matters could examine all statements/written evidence from you and the merchant to determine whether the elements of fraud, as alleged by the merchant, were met.

Tim Akpinar

Q: I lease my car. If I file for bankruptcy, will it be taken away? I need it to interview for jobs.

1 Answer | Asked in Bankruptcy for Utah on
Answered on Oct 12, 2018
Timothy Denison's answer
Not if you keep paying the lease payments.

Q: For a reunion event planning business, should we have customers sign liability waivers? Is a click-through good enough?

1 Answer | Asked in Business Law for Utah on
Answered on Oct 10, 2018
Wesley Winsor's answer
Hi,

Sounds like a great business. Yes, I think that if you are taking on the liability, then you will want to make sure that you are passing the liability on to the actual participants of those events.

Ideally your participants would take on the liability directly from the venue, but that is impractical for your purposes. Neither you nor the venue will want to make sure that every participant has signed the venue's liability form.

I would have the liability clause a...

Q: Does the seller need to get title insurance on a property that is free and clear and is being purchased in a cash deal?

1 Answer | Asked in Real Estate Law for Utah on
Answered on Oct 6, 2018
Vincent Gallo's answer
The purpose of title insurance is to guarantee you that the property is “free and clear”.

Q: Should the place that your arrested match where it says on the citation where they arrested you ?

1 Answer | Asked in DUI / DWI for Utah on
Answered on Oct 3, 2018
Mr Aric M Cramer Sr.'s answer
It should, but it will not be enough to dismiss the case. Check with an attorney. There may be venue or jurisdictional issues to explore.

Q: Can I delay my sentencing?

2 Answers | Asked in Criminal Law for Utah on
Answered on Oct 2, 2018
Gary Kollin's answer
You have an attorney. Speak to your attorney

Q: I need to get a separation and don’t know where to start? Worried about income differences?

1 Answer | Asked in Child Custody, Divorce and Family Law for Utah on
Answered on Sep 24, 2018
T. J. Jesky's answer
Generally speaking, those who choose legal separation instead of divorce is usually based on religious beliefs, a desire to keep the family together legally for the sake of children, or the need for one spouse to keep the health insurance benefits that would be lost with a divorce.

A separation is not the same as a divorce. With a separation, you’re still legally married until you obtain a judgment of divorce from a court. Generally a separation does affect the financial...

Q: My legal name changed. Is it possible to make this change in my published patents ?

2 Answers | Asked in Patents (Intellectual Property) for Utah on
Answered on Sep 21, 2018
Kevin Flynn's answer
I am posting the answer here in case others have the same question. I am not aware of a way to update the name of an inventor on an issued patent. It does not seem to be a good fit for a certificate of correction as there was not an error to correct.

To the extent that you are an assignee of the patent rights, then I assume you can record a name change in the assignment database which will then show the updated name of the assignee in USPTO PAIR and eventually in Google Patents....

Q: What are Utah's current laws about polygamy/bigamy? Do people ever get prosecuted?

1 Answer | Asked in Criminal Law for Utah on
Answered on Sep 21, 2018
Mr Aric M Cramer Sr.'s answer
That;s like asking the status of the current law on search and seizure. Yes people get prosecuted. You need to specify exactly what you want in order to get a specific answer.

Q: How do I find out if I was fired for the wrong reason

1 Answer | Asked in Car Accidents for Utah on
Answered on Sep 12, 2018
Peter Munsing's answer
Generally, you are an at will employee which means barring a union or an employment contract you can be let go for no reason at all--reasons just go to whether there is an EEO complaint, whether you can collect unemployment insurance.

Suggest you contact a member of the Utah Assn for Justice who handles employement questions--they give free consults.

Q: am i in the wrong?

1 Answer | Asked in Car Accidents for Utah on
Answered on Sep 11, 2018
Peter Munsing's answer
The person turning left has to yield to you. Sounds like they didn't (I'm assuming no green turn arrow).If you were hurt contact a member of the Utah Assn for Justice--they give free consults.

Q: Where will I serve time if I move to a different county before sentencing?

1 Answer | Asked in Criminal Law for Utah on
Answered on Sep 10, 2018
Mr Aric M Cramer Sr.'s answer
Generally you must serve time in the county facility where you are sentenced.

Q: I hired a handyman to work on my shower. He took half up front (325.00). He showed up a couple of times and disappeare.

1 Answer | Asked in Uncategorized for Utah on
Answered on Sep 10, 2018
Wesley Winsor's answer
I am sorry for your experience. That must be super frustrating.

You will first need to look at the agreement you signed with the handyman. If this guy was a one-man-band, then its likely that he didn't have you sign a contract. Just because it was an "oral" agreement doesn't mean that it isn't valid though.

Your remedy is your cost to finish the job. Your claim would be that of "breach of contract". I would first try to work it out with him if possible out of court, but you...

Q: we had lumber liquidators intall a floor for us in Utah the job is so bad we can't move into the home we want it replace

1 Answer | Asked in Contracts for Utah on
Answered on Sep 10, 2018
Wesley Winsor's answer
I am sorry for your frustration.

The first place would be to look at the service agreement or contract with Lumber Liquidators. If that doesn't have much, poke around on their website or call their customer service and instead of asking for them to fix it, ask for a copy of their installation policy.

Once you get them, read through them and look for some type of minimum service guarantee or something like that. It may also be in the "contract dispute" section as well....

Q: How do I get a copy of a permanent protective order granted in 3rd district court June of 2012.

1 Answer | Asked in Criminal Law for Utah on
Answered on Sep 7, 2018
James J. Lee's answer
You can go to that court and ask for a copy. You can also call them and they may be able to send it to your for an extra cost.

Q: I'm wondering if there could be a possibility of someone being able to come back legally after being deported

1 Answer | Asked in Immigration Law for Utah on
Answered on Sep 4, 2018
Hector E. Quiroga's answer
It is possible, yes. Details, however, are important, and even if someone is able to get around the issue of a deportation there could be other inadmissibility issues to consider. Best to consult with an immigration attorney.

Q: If a seller leaves Items after closing can I throw them away or just keep them?

1 Answer | Asked in Real Estate Law for Utah on
Answered on Aug 28, 2018
Lincoln W. Hobbs' answer
Yes. Your choice. You might want to call first and make certain they didn't leave them by mistake.

Q: Auto-repair/dealer employee made rude/crude comments while giving me a bill for something i didnt ask for. What can I do

1 Answer | Asked in Personal Injury and Small Claims for Utah on
Answered on Aug 28, 2018
Wesley Winsor's answer
I am sorry, but there is not much you can do legally. Offensive speech is free speech. There are such claims as "intentional infliction of emotional distress" and "negligent infliction of emotional distress" but his conduct would not rise to that level.

If he had told you that he had your child held hostage and was torturing her and played screams over the phone, then that would probably qualify, to give you an idea of the sort of comments that rise to that level.

As a...

Q: Can a property owner sell their property when they have a partner in the business but not a partner on the property

1 Answer | Asked in Business Law for Utah on
Answered on Aug 28, 2018
Wesley Winsor's answer
This is an interesting issue that isn't fully answerable via this forum without knowing all the details of the business. Here are the issues that jump out at me:

1. It doesn't seem like the LLC owns the building. Therefore the owner of the building is free to sell the property if he wants to. The "business" is composed of the individual members as well as the business assets, cash on hand, inventory, bank accounts, etc. All of those are portable and as intended by the property owner...

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