Utah Questions & Answers

Q: Don't you have to be a felon to be a restricted person? Or have mental illness? Or have some conviction for violence?

1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Utah on
Answered on Feb 9, 2019
Timur Akpinar's answer
You could additionally post this in the Criminal Law section. Criminal law attorneys would be able to provide more meaningful input on the issues mentioned here than personal injury attorneys would.

Tim Akpinar

Q: Can my ex take our son out of state if we have joint legal custody / sole physical

1 Answer | Asked in Family Law and Child Custody for Utah on
Answered on Feb 1, 2019
Wesley Winsor's answer
this is not really my area of law here, so I would encourage you to seek more advice, but to my understanding, if the ex has sole physical custody, then they can decide where to live independent of your preferences. You still have a say in medical decisions and other areas, but they have independence on where to live.

I hope this helps.

Wes

Q: I have raised my nephew as my son, my sister has been collecting child support for him do i have a right to sue her?

1 Answer | Asked in Child Custody, Child Support and Family Law for Utah on
Answered on Feb 1, 2019
Wesley Winsor's answer
If you are doing it voluntarily, then no you don't have a right to sue her. She is supposed to be using the funds she is collecting to take care of her son. If she isn't, then the son has a claim or the father has a claim against her. If you are the guardian of the son then you might as well.

With only volunteer status, you don't have standing to assert a claim on the child support funds received by your sister.

I hope this helps.

Wes

Q: Power of Attorney Question about an Elderly Person.

1 Answer | Asked in Estate Planning for Utah on
Answered on Feb 1, 2019
Wesley Winsor's answer
There is nothing illegal about it, unless your mom has truly lost her capacity. The fact that it is her legal husband that is doing this will probably hold more weight as well.

If you want to stop this, you will need to file for a guardianship or conservatorship with the Court so that no one else will have the power over her or her estate.

I hope this helps.

Q: My child was within the residence that i allegedly unlawfully entered. Do i have a defense?

1 Answer | Asked in Criminal Law for Utah on
Answered on Jan 29, 2019
Mr Aric M Cramer Sr.'s answer
ot enough info to give any answer. contact an attorney.

Q: 5 years operating the website www.efymusic.com. The owner of the mark "efy" is now asking that I cease and desist.

1 Answer | Asked in Copyright and Trademark for Utah on
Answered on Jan 24, 2019
Jason Brooks' answer
You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in? etc.

If you want to email me, I'd be happy to review and discuss your options - Jason@altviewlawgroup.com

Q: Can I get charged post fact?

1 Answer | Asked in Criminal Law for Utah on
Answered on Jan 21, 2019
Brent J Huff's answer
Technically, yes. However, the facts as you have provided them might not create probable cause to charge you with possession. The existence of weed in your car without you, does not on it's own, meet the definition of the crime. With that said, if the prosecutor's office has reason to believe that facts beyond these exist, they could charge even after-the-fact. If the police contact you, you have a right to remain silent. If the police contact you or if you believe that they may be...

Q: If commercial lease has no damages clause, what happens if tenant is not in space by date noted in lease? get damages?

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Utah on
Answered on Jan 10, 2019
Wesley Winsor's answer
In my opinion it would be difficult to persuade a Court that you should get damages. If the lease is silent on the matter, you would have to show detrimental reliance. Meaning, that they knew it would cost you if you didn't get the space on time, and that you relied on their representation that you would get the space on time.

For example, you were paying for space in a hangar and the nearest hangar from the one rented was 500 miles away and an additional $1,000/month and the hangar...

Q: I signed a contact for 12 months that states it auto renews after the 12 months unless they receive 30 days notice.

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Utah on
Answered on Jan 10, 2019
Wesley Winsor's answer
Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.

More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.

I am not sure I would fight it, but you could help them find a new tenant, and at that point they could not justify charging you for the additional 3 months. They have a duty to cover and mitigate damages so if...

Q: What can I expect to pay for an hourly fee for updating a will and trust?

1 Answer | Asked in Estate Planning for Utah on
Answered on Jan 10, 2019
Wesley Winsor's answer
It is hard to say. Most estate planning will do this at a flat rate if they do it all. The reason they may not want to update (meaning drafting an amendment or a codicil) is that they believe that they will be held responsible for the rest of the contents of of the document even if you they are only modifying one provision and they do not want to spend the time necessary to become familiar enough with the 20 page document or it would not be worth it for you to do so. In the end it would be...

Q: My mom is number 2 trustee on my grandpa's and step grandmas will,what say does my mom have in it.

1 Answer | Asked in Estate Planning for Utah on
Answered on Jan 10, 2019
Wesley Winsor's answer
Your mom is a contingent agent to carry out the terms of the trust. Until your step-grandma either resigns, becomes incapacitated or dies, your mom has no authority over the trust property by virtue of the trust agreement.

I hope this helps.

Wes

Q: Whats the statue of limitations on suing a company of your injuries

1 Answer | Asked in Personal Injury for Utah on
Answered on Jan 9, 2019
Peter Munsing's answer
If its a company you work for it will be different than if it's from a product is diiferent from other cases. Contact a member of the Utah Trial Lawyers Assn in your county. They give free consults.

Q: What are my obligations to a contract when the company I entered it with is not registered with the state?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Answered on Jan 4, 2019
Wesley Winsor's answer
Yes, the contract is enforceable. If the business is expired, the only thing that it means is that, they can get in trouble with the department of corporations and they may be personally liable rather than having the limited liability they probably thought they had.

I hope this helps.

Wes

Q: Hello, Can you me setup an entity like Hot Pancakes has with Bella Forrest and maintain privacy for my author business?

1 Answer | Asked in Business Formation, Copyright, Entertainment / Sports and Trademark for Utah on
Answered on Jan 4, 2019
Wesley Winsor's answer
I am sorry, I do not understand your question. Please explain more.

Wes

Q: If a property manager forgets to sign a lease is the lease void ? do I have to pay for damages on lease if voided?

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Answered on Jan 4, 2019
Wesley Winsor's answer
Contracts are enforceable against those who have signed them. So if you signed a lease but the LL never did, then they could hold you to it, but you might not be able to hold them to it. Signatures are just one method of "acceptance" of a contract. Performance is another. So if you had a lease and neither of you signed it, but you paid the amount written on the lease every month and the LL allowed you stay there, then that would be another example of "acceptance".

Where you have two...

Q: I have a simple business question:

1 Answer | Asked in Business Formation for Utah on
Answered on Jan 4, 2019
Wesley Winsor's answer
Hi,

Sounds like a great place to eat. If the only thing you share is the recipe for the rootbeer, your father has nothing to worry about.

I would imagine that you will want to capitalize on some of the brand awareness that your father has. I would set up a licensing agreement between the both of you giving you a right to sell the rootbeer from his proprietary recipe and license to market it as "Root Beer Store" root beer. If you do that, then that would be the extent of your...

Q: I got the ticket for code#32-4-403,So What should I do?

1 Answer | Asked in Criminal Law for Utah on
Answered on Dec 26, 2018
Mr Aric M Cramer Sr.'s answer
Hire an attorney right away.

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.

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