Utah Questions & Answers

Q: If property slip 3ways and 2 wanthe to sell put the 3rd person dosnt not can't the 2 sell it out from under the 3person

1 Answer | Asked in Real Estate Law, Business Law and Landlord - Tenant for Utah on
Answered on May 24, 2017

They can only sell their interest in the complex. If they own it together as tenants in common (most likely but I can't say for sure without looking at the deed), then they can sell their interest. I could be 66.66% or something else. They can't make him sell unless they successfully petition the Court to order a partition of the property in which case they could force a sale.

Until the realtor can show you the title with only her name on it, then you don't' have to listen to her. I...
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Q: Can I legally stay in my aunt's home until it is sold

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Utah on
Answered on May 24, 2017

I am pretty sure I have answsered this question before: see

https://answers.justia.com/question/2017/04/20/do-i-legally-have-to-move-if-me-and-my-k-263553

and

https://answers.justia.com/question/2017/04/20/if-i-m-living-with-my-aunt-and-have-no-r-263559

Good luck.

Wes
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Q: Is there a stature/law in Utah that requires a landlord to provide receipts for cash payments?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Answered on May 24, 2017

No, there is not statute for you to get a receipt. Receipts are typcially generated for the convenience of the parties involved. If your Landlord is nto giving you a receipt, you should draw up a simple statement when you pay and make the Land lord sign it everytime you pay the rent. Something like,

Landlord hereby acknowledges the receipt of _________ paid on _______ for the rent payment by [ you] for the month of _____.

_________

[Landlord Name]...
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Q: probe and how to get a copy of the original will

1 Answer | Asked in Energy, Oil and Gas and Probate for Utah on
Answered on May 24, 2017

If the will is in probate, it is a public document. You can go to the Court and pay some money to get a copy of it. If you have the name of the personal representative or the decedent then the Court should be able to locate it for you.

If you are an heir or a natural heir (son/daughter/husband/wife) then you should have received notice of probate and hearing, if not then you can get it from the Court.

I hope this helps.
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Q: Can a person holding a family will change it. Is the WILL on record somewhere. Person holding has put it into probate

1 Answer | Asked in Probate for Utah on
Answered on May 24, 2017

The only person that can change a will is the Testator (the person whose will it is) or the testator's agent sometimes if the power of attorney expressly gives that power. Additionally, the Court may sometimes reform a will if the will is ambiguous and more direction is needed to carry out the testator's intent.

That being said, a will has no effect until the Testator is deceased.

Gas and oil property interests are recorded and as such the personal representative as ratified or...
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Q: My ex owes me over $99,000 in back child support. He lives in Utah and inherited a lot of money. California won't help.

1 Answer | Asked in Divorce, Family Law and Child Support for Utah on
Answered on May 23, 2017

If you have a judgment for the child support in California, you can enforce it in Utah. You will need a Utah attorney to help you collect that debt.
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Q: My father died recently , my mother and father never married am I still entitled to part of his estate ? pat est.

1 Answer | Asked in Probate for Utah on
Answered on May 16, 2017

You are only entitled to his estate if he died without a will or he named you a beneficiary in his will or trust. If he died without a will then you would be the natural heir and they wouldn't be able to distribute anything without first giving you notice of the probate process.

With a large estate, it would be more common for him to have set up a trust. If you are being denied access to his estate, then I think it would be in the best interests of those in charge to show you evidence...
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Q: I work full time for a fortune 500 company by telecommuting from my leased apartment. I am an employee and not a

1 Answer | Asked in Landlord - Tenant for Utah on
Answered on May 16, 2017

I think the best way to resolve this, is to talk to your employer and try to work something out. If they refuse to let you miss, then because you chose where you are living you will likely have no recourse if they fire you because you were unable to work. The other solution would be to set up a temporary office somewhere else and notify all of the patrons that you will be unable to use Fax. I am sure it is extremely inconvenient, but again you got to decide where you live so the burden of...
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Q: What are the stalking laws in Utah? My life has been threatened. They R trying to use Sharia Law in the United States.

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Civil Rights for Utah on
Answered on May 16, 2017

If you feel you are bein stalked you need to report it to the police. If you have been threatened you also need to report that to the police. I have no idea what you are saying about Sharia law. This is Utah. It is Mormon law here.
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Q: Can I be fired for a religious conversion?

1 Answer | Asked in Business Law and Employment Law for Utah on
Answered on May 16, 2017

I am probably the wrong person to answer this as I don't have much experience in employment law. Here is what I do know. Businesses are unable to discriminate on the basis of race, religion, age, and gender. If the only reason, your boss would fire you is because of your conversion to another religion, then I don't think that they could, because it would be a per se discrimination.

That being said, Utah is an "at will" employment state. This means that you can quit and they can fire...
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Q: Is it ever a good idea to create an LLC if multiple family members want to purchase property and build on it (we don't

1 Answer | Asked in Business Formation for Utah on
Answered on May 9, 2017

An LLC is good for liability protection. If you feel like it is too much risk when there are several owners and their guests on your property, then it would be a good idea to create an LLC. This would limit your exposure to the assets of the business.

A second reason you might want to consider and LLC would be to make the transfer of ownership easier. In an LLC each owner owns membership units. If they want to pass their ownership on to their children or others then it is a simple...
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Q: Nuisance lawsuit against neighbor

1 Answer | Asked in Real Estate Law and Civil Litigation for Utah on
Answered on May 9, 2017

Really you would need to look at the HOA. If there was something that they were violating in the HOA, then you could require the owner to find a new tenant, but you can't just make someone move because they are criminals.

Sorry.
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Q: Can a county demand an easement as part of a subdivision approval?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Answered on May 9, 2017

Yes, they can unless you can prove their decision is discriminatory or capricious. As long as they have a reasonable reason to impose the requirement they can. Sorry.
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Q: does my neighbor have to split the cost of a fence

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Answered on May 9, 2017

If they agreed to the fence then it sounds like there is some kind of contract. So your question really is a contract question. If they just agreed to allow you to construct a fence, then there is no obligation to pay for it. You could argue unjust enrichment, but if they didn't do anything to make you think they would help finance the fence, then this decision was yours and you can't legally obligate them to pay for it.
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Q: 2 people on a home title, can 1 of those persons prevent someone from visiting even if the other person wants them here?

1 Answer | Asked in Real Estate Law for Utah on
Answered on May 9, 2017

No, each party has the right to exclude, but they don't have the right to exclude guests of owners. The police would call it a civil matter and tell the parties to figure it out in Court rather than a criminal "trespass" matter.
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Q: If you put your kid on your house with yours after your spouse passed is there anyway to get their name off now?

1 Answer | Asked in Real Estate Law for Utah on
Answered on May 9, 2017

The legal way would be to have her sign it over to you. You are right, you gave her half the house when you put her name on it. One aspect of ownership is the obligation to pay taxes. You can start billing her for taxes and maybe she will take her name off the house if she has to pay for it. The other thing you can do is to ask the Court to partition the property by sale, which would allow you to sell it but 1/2 the proceeds would be going to her and to you. Another option would be to try...
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Q: Do I legally have to move if me and my kids are staying at my aunt's home and daughter wants to sell the home

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Utah on
Answered on May 9, 2017

Only an owner has the right to evict someone from their property. That being said, an owner can delegate that responsibility to their agent by giving their agent a power of attorney. Any actions of the agent will stem from the authority of the owner so the owner is actually doing it.

If you don't have any right to stay in the home (ie a lease agreement) then the owner through an agent or by themselves can evict you. I hope this helps.
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Q: If I'm living with my aunt and have no rental agreement can I stay until the house is sold

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Utah on
Answered on May 9, 2017

I am assuming you want to stay there against her wishes. The short answer is yes unless your aunt evicts you. Your aunt can give you a 5 day notice to vacate the house, if you refuse to vacate after the 5 days you would be unlawfully detaining the premises and she would then file an unlawful detainment suit against you.

You can live there until she evicts you, but she just can't tell you one day, " you are evicted, and get out".
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Q: I have a contract where one of the parties signing is a corporation,

1 Answer | Asked in Contracts for Utah on
Answered on May 8, 2017

Yes,

It is valid, but the question remains who exactly is the party. if the signature line shows a title of the person then it will most likely be counted as a contract with the business entity. If the contract only makes sense if the business entity signed it and not the individual then it will probably be ruled as a contract with a business.

It really just depends on the contract. Sorry, i can't be more helpful.

Wes
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Q: My mother refuses care from a medical doctor and instead is getting treated by a "healer"

1 Answer | Asked in Elder Law for Utah on
Answered on May 8, 2017

I am not sure what a "healer" is. If the "healer" is practicing medicine as defined by the Utah Medical Practice act and isn't licensed to do so, then you can report them. But if they are not claiming to be a licensed physician and are not operating on them or anything, then I am not sure you can do much unless you have a guardianship over her.

Relevant statute: https://le.utah.gov/xcode/Title58/Chapter67/C58-67_1800010118000101.pdf
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