Utah Questions & Answers

Q: What is considered a reasonable parole period?

1 Answer | Asked in Criminal Law for Utah on
Answered on Dec 14, 2018
Mr Aric M Cramer Sr.'s answer
For what type of crime?

Q: Does an automatic stay start the day I file?

1 Answer | Asked in Bankruptcy for Utah on
Answered on Dec 14, 2018
Timothy Denison's answer
Yes. Upon filing.

Q: Hi, I have a question about probate, what needs to be done with the State/Federal after someone dies ?

1 Answer | Asked in Probate for Utah on
Answered on Dec 13, 2018
Wesley Winsor's answer
Hello,

When someone dies there is an order of claimants on the content of the estate. It goes like this:

1. Cost of administration

2. Creditors

3. Heirs or beneficiaries

Life insurance payouts will go directly to the beneficiaries without counting as part of the "estate".

Assets that were owned jointly (if ownership is true joint tenancy) will pass to the other joint tenant(s) without counting as part of his estate either. There will probably...

Q: Is it possible for a company to buy half a house if im just on the deed. And the homeowner has not signed on his end?.

1 Answer | Asked in Real Estate Law and Civil Litigation for Utah on
Answered on Dec 12, 2018
Wesley Winsor's answer
As long as you are on the deed, they are unable to kick you out. You are an owner. House ownership can be split among persons and sold separately from each other. Each owner will have an undivided right of use and enjoyment of the property ( you can's draw a line in the middle of the house and tell each owner to "stay" on their side).

I can't tell from your question who would be selling the house if the owner hasn't signed and you are on the deed, but if there is a willing seller,...

Q: Land Lord Breaches Contract but wont let me terminate the lease

1 Answer | Asked in Contracts for Utah on
Answered on Dec 12, 2018
Wesley Winsor's answer
Good question, it seems like you have understood the issues correctly. Your question of whether the breach is a "significant enough" breach is on point.

I think that you could certainly make a good argument that it is. The buildup of waste on a property due to non-disposal could and would make a place eventually uninhabitable and would certainly disturb your peace and enjoyment of the property with smells and clutter of undisposed garbage.

I think that it would be big enough...

Q: Left personal property behind in nevada hotel room. Staff say nothing has been found since april 2018

1 Answer | Asked in Intellectual Property and Personal Injury for Utah on
Answered on Dec 12, 2018
Wesley Winsor's answer
I am not sure that you posited a question. I will try to answer what you might be asking and that is whether a hotel is liable to disclose or facilitate the return of property left at their hotel by tenants if the tenant reports that it was left there.

The hotel's position is that there was nothing found. This would be extremely difficult to prove that the hotel is responsible especially if they had rented the same room again after you had left. If you wanted to sue them, you would...

Q: If someone is renting out their basement illegally, can they legally evict you? Will it be on my record?

1 Answer | Asked in Landlord - Tenant for Utah on
Answered on Dec 12, 2018
Wesley Winsor's answer
You main question is whether a person who is illegally renting out his basement can evict a tenant.

The answer to that is yes. As between you and the Landlord the contract governs, therefore he can evict you for default of the agreement ( failure to pay rent). As between the Landlord and the City, the City code will govern so if the city decided to prosecute they will look to the law to figure out if he is guilty.

You are not party to the relationship between the Landlord and...

Q: What is the meaning of "proportionate" in determination of HOA fees under 57-8a-201/

1 Answer | Asked in Real Estate Law for Utah on
Answered on Dec 12, 2018
Wesley Winsor's answer
The term "proportionate" isn't defined in the act and therefore you would need to look to CC & R's of HOA itself. If it is not defined in the CC & R'rs then it would take the ordinary meaning in an HOA or industry context.

I hope this helps.

Wes

Q: You I've been renting a room in a Utah home for a year and a half.

1 Answer | Asked in Real Estate Law for Utah on
Answered on Dec 12, 2018
Wesley Winsor's answer
Hi,

You have the same rights as any other tenant who defaults on the lease. You could ask for a copy of the lease. Have you tried to do that?

Basically, if you are defaulting for payment, the Landlord has the right to evict you because you are breaching the contract. If the Landlord does evict you, then they will need to provide a copy of the lease agreement, so if they won't give it to you when you ask or a at least a copy of it, then they will need to do so when they sue...

Q: In my house I have my deceased boyfriend guns in my gun safe can I keep them until I get my stuff he had at his property

1 Answer | Asked in Estate Planning and Probate for Utah on
Answered on Dec 12, 2018
Wesley Winsor's answer
Hi,

I am sorry for the loss of your boyfriend.

The personal representative of your boyfriend's estate has the job of collecting and securing all property of the estate. The guns are part of the estate. In addition, Utah Law (which would be applied and respected in Wyoming) will empower the Personal Representative to compel delivery of the property. In simple terms, the Personal Representative can sue you to get your boyfriend's guns and will most likely be successful....

Q: In Wyoming can a partner or friend be administrator of estate if no will

1 Answer | Asked in Estate Planning and Probate for Utah on
Answered on Dec 10, 2018
Wesley Winsor's answer
According to Wyoming law,

2-4-201

https://law.justia.com/codes/wyoming/2014/title-2/chapter-4/article-2/section-2-4-201/

A competent person has the lowest priority of anyone. So yes, the answer is yes, but if a relative, or creditor, or anyone who has a beneficial interest in the estate wants to, then they will be able to.

I hope this helps.

Wes

Q: If I am using the name DadPoolTV for streaming online and creating content, am I violating any tradmarks for DeadPool?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Utah on
Answered on Nov 14, 2018
Griffin Klema's answer
The answer to your question should be obtained in a confidential setting with a lawyer, not here on a public forum. You wouldn't want a "bad" answer to be public information and then used against you later. The short answer is maybe, and I recommend you consult an attorney if you are concerned. An important factor is what kind of profits (ad revenue, or improved goodwill of other products) are you earning from your content.

Your issue is probably more trademark related than copyright....

Q: If a company has their logo elements trademarked and another company wants to sell products in the same category with

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Answered on Nov 14, 2018
Griffin Klema's answer
Short answer: Maybe.

Long answer: It depends on the willingness of the first company (who has the trademark registration) to either license its trademark rights, or otherwise work out a deal with the second company to allow a potentially confusingly similar mark to exist in the same market. The scope of the first company's rights also impacts the analysis (federal vs. state trademark registration, market geography, etc.). If the company is willing to settle a dispute or offer a license...

Q: My dad invented insta fire and on most of the the patent abstracts his name is changed not only the he named him produc

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Answered on Nov 14, 2018
Griffin Klema's answer
It is not clear what your question is (maybe you submitted the form before typing the full question?). The USPTO shows "Gary T. Jones" as the first named inventor on U.S. patent no. 6,093,224. The abstract for that patent does not include any names.

Q: A Swedish national and I plan to marry and remain in our respective countries for two years. What paperwork do we need?

1 Answer | Asked in Immigration Law and International Law for Utah on
Answered on Nov 13, 2018
Hector E. Quiroga's answer
We can’t answer the question re: visiting your fiancé/spouse in Sweden; for your spouse to visit you here s/he must show a preponderance of evidence that she will return to Sweden after visiting you. She doesn’t need a visa to visa, since Sweden is a visa waiver country, but proof of employment, residence, family, assets, etc. Being married to a USC spouse carries a great deal of weight when determining if someone will remain in the US or not, so your fiancé/spouse will really want to...

Q: How hard will it be to wipe out felony record?

1 Answer | Asked in Criminal Law for Utah on
Answered on Oct 31, 2018
Mr Aric M Cramer Sr.'s answer
If it is Federal - almost impossible. If it is a Utah felony conviction, hard, but possible for most convictions depending on the felony.

Q: My landlord sent a early 30 day lease termination.

1 Answer | Asked in Landlord - Tenant for Utah on
Answered on Oct 23, 2018
Wesley Winsor's answer
I would need to look at the lease agreement in detail to tell you for sure, but unless the lease says something different, their notice to terminate the lease would apply as an early termination of your lease. If you wanted to sue for breach of contract and enforce the lease agreement you would have that right, but I would think that you could take it as an early termination and no enforce your right to stay.

In summary, you would be holding them to the early termination regardless of...

Q: Is this notice legal? Can an Apartment Complex refuse to renew lease if you continue to smoke off property?

1 Answer | Asked in Landlord - Tenant for Utah on
Answered on Oct 23, 2018
Wesley Winsor's answer
The short answer is "yes" this is legal.

The lease is a contract between you and landlord. The term of the contract is stated in the lease. After the term of the contract expires it has to be ratified or renegotiated by the parties. Landlords can discriminate (refuse to rent to) based on certain behaviors but not ones protected by the fair housing act (race, religion, gender, and age). They can discriminate based on the fact that someone is a smoker or a non-smoker.

They...

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

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