Utah Questions & Answers

Q: My mother and father kept their finances separate from each other

1 Answer | Asked in Family Law for Utah on
Answered on Apr 23, 2019
Wesley Winsor's answer
You can't disinherit your spouse. So regardless of what the will says, your father has a right to the first $75,000 + half of whatever is left over. Do you know if they had a prenuptial agreement? Probably not right?

So yes there is a marital interest. All personal property is considered owned in joint tenancy with a right of survivorship.

If you are looking to enforce the provisions of the will, you will need to file an action in probate. That way, the Court will...

Q: My mother left me all of possessions which include basically everything in the house. I'm leaving everything in place

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Utah on
Answered on Apr 23, 2019
Wesley Winsor's answer
Hi,

I am sorry for your predicament. Who is the trustee of the trust? It is the trustee's job to safeguard the property. If they are not doing their job, then your action would be against the trustee. He or she has a fiduciary duty to possess and safeguard the property.

Wes

Q: If I tell an individual I live with not to touch my dog and he does it anyway multiple times can I take legal action?

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Apr 23, 2019
Wesley Winsor's answer
Pets are property. If someone touches your property then you can sue them for trespass against property. The fact that your property is a dog doesn't really matter. Other facts that might matter are those that would weigh in on evidence of the wrongful touching. Things like, does the dog go near the person, or is it unavoidable if the dog runs free in the house, or what right does the person have to be in the house. If the person is renting they have a right to occupy the entire home and...

Q: My ex and I had a verbal agreement that he would pay me child support monthly, he is currently behind 4 months

1 Answer | Asked in Child Support for Utah on
Answered on Apr 23, 2019
Wesley Winsor's answer
This is not my practice area, but I will weigh in as no one else has. Enforceable terms of child support should have been taken care of or addressed in the divorce decree (assuming you were once married). Those will govern. If not in the divorce decree or there never was a divorce decree or court adjudication (ruling) on the matter, then you will need to file an action against him or her establishing parentage and then you would successfully be able to enforce child support payments....

Q: If a trust specifies a yearly distribution to beneficiaries until all money is gone,

1 Answer | Asked in Estate Planning for Utah on
Answered on Apr 23, 2019
Wesley Winsor's answer
Hello, Good Question

The Trustor/Grantor/person who funded the trust is separate and apart from the trust itself. Depending on the form of the trust whether revocable or irrevocable the Trustor can retain some or all of the rights to direct the disposition of the property while they are living. After they are dead, the disposition of the assets are governed by the trust.

Sometimes a trust will leave the successor trustee the discretion to direct where the assets go....

Q: What is the utah traffic code for parking lot accidents?

1 Answer | Asked in Car Accidents and Traffic Tickets for Utah on
Answered on Apr 19, 2019
Peter N. Munsing's answer
No but it is used as a guide in most states. Consult a Utah attorney on this is it's a big deal.

Q: I got my first dui and have my first court hearing in 2 days. Will my judge sentence me to jail if I just had back fused

1 Answer | Asked in DUI / DWI for Utah on
Answered on Apr 18, 2019
Mr Aric M Cramer Sr.'s answer
You need to get an attorney ASAP. Don' go to court on a DUI without one.

Q: Can I record mine and my step-child's in person conversations?

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Apr 18, 2019
Mike Branum's answer
Utah law only requires one party to the conversation be aware a recording is being made, so, yes, you may legally record the conversations with or without his knowledge. As far as helping your case, requesting the appointment of a guardian ad litem would probably be more advantageous than your recordings. A guardian ad litem is a non-attorney volunteer who will be the child's neutral advocate during court proceedings. It is helpful to have an outside party privately speak with the child and...

Q: Joint custody and child abused in other home... do we have to take her back there?

1 Answer | Asked in Child Custody and Family Law for Utah on
Answered on Apr 18, 2019
Mike Branum's answer
You would need to file a petition in Juvenile Court. See https://www.utcourts.gov/abuse/child.html for the form or seek advice from a licensed attorney who practices in the Fifth District (Washington and Iron Counties).

Q: Hi my name is Breann Alexander my phone # is 385-404-2068 and my email is Breannalexander801@gmail.com

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Utah on
Answered on Apr 17, 2019
Mike Branum's answer
According to Utah Administrative Code you should have received a copy of the Utah Consumer Bill of Rights Regarding Towing as soon as you were contacted by the towing company. If you did not, you can file a complaint with UDOT on their website (www.udot.utah.gov). You may have a claim for damages against the property manager if they requested the tow and you can demonstrate that they failed to provide notice of the parking regulations which would subject you to towing.

Remember, you CAN...

Q: IF U ARE CHARGED WITH ATT. AGGR. MURDER, YOUR VICTIM DIES 2 YEARS LATER? CAN U BE CHARGED W MURDER?

1 Answer | Asked in Criminal Law for Utah on
Answered on Apr 10, 2019
Gary Kollin's answer
You have an attorney. Why are you not discussing this with your attorney?

Q: IF U R CO DEFENDENTS W YOUR SPOUSE AND U R BOTH BEING CHARGED W THE SAME CRIME? CAN 1 TAKE ALL THE CHARGES?

1 Answer | Asked in Criminal Law for Utah on
Answered on Apr 10, 2019
Gary Kollin's answer
You and he should discuss this with your respective attorneys. No internet attorney can provide an accurate answer based on the limited information.

It is like asking a doctor to diagnose a patient over email

Q: If I stop paying my Credit Cards because I know I'll be filing Chapter 7 in a few months. What do I do with extra cash?

3 Answers | Asked in Bankruptcy and Banking for Utah on
Answered on Apr 2, 2019
Cristina M. Lipan's answer
You can exempt certain assets. If you have enough exemptions to cover that extra cash it's not a problem what you do with it, it's yours. To be safe, just don't take too long to file your bankruptcy case so you don't accumulate so much.

Q: i am working full time for a employer, there is a notice period of 30 days for that company, i want to leave within week

1 Answer | Asked in Employment Law for Utah on
Answered on Apr 2, 2019
Michael C. Smith's answer
As a general rule in Utah, if you have no contract or are an at-will employee, you may quit your job at any time, with or without notice, and your employer cannot charge you or withhold the pay you have earned. However, if you have a written employment agreement, you should consult with an attorney about your specific circumstances.

Q: I became pregnant through sexual assault, can I have the fathers parental rights terminated? Where do I terminate?

1 Answer | Asked in Family Law and Adoption for Utah on
Answered on Apr 2, 2019
Jason F. Barnes' answer
What you are asking is highly complex and the correct answer is fact dependent. Please have your sister contact our office so we can discuss the same. Phone #801-546-3874.

Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for Utah on
Answered on Mar 29, 2019
Wesley Winsor's answer
Hi,

I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly unethical. There is no criminal liability, but there could be civil liability. Meaning someone might be able to sue you for posting what a company might determine is "confidential" or a "trade...

Q: due you know any lawyer that will take a case from a women who had direct inguinal hernia surgery in 2001.

1 Answer | Asked in Personal Injury for Utah on
Answered on Mar 21, 2019
Peter N. Munsing's answer
The issue is if they remove it you want it saved. I don't see a likely case until you can identify that item. Check the hospital records for the bills for the surgery--that might state what it was that was put in. Also hospitals frequently have the records that far back.

Q: Do I have to accept a drug charge?

2 Answers | Asked in Criminal Law for Utah on
Answered on Mar 20, 2019
Mike Branum's answer
You may plead no contest or guilty and petition the court, with the agreement of the prosecutor, for a plea in abeyance. With a plea in abeyance, if you stay out of trouble for a year you may have the charges dismissed.

Q: What does a written warrant have to contain of to be a legal search warrant

1 Answer | Asked in Criminal Law for Utah on
Answered on Mar 20, 2019
Mike Branum's answer
To OBTAIN the search warrant, an officer must attest to facts which prove to a judicial officer that the officer has enough probable cause for the warrant to issue. As far as what has to actually be contained within the warrant itself? The warrant must adequately describe WHAT the officer is authorized to search for and WHERE the officer is authorized to search.

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