Utah Questions & Answers

Q: 88 year old father's wife is ill and wants to sell their house (in her name) and put money in a trust, daughter Excec

1 Answer | Asked in Estate Planning and Family Law for Utah on
Answered on Apr 19, 2018
Wesley Winsor's answer
I am glad that you are concerned about your father. It sounds like they are dealing with some of the common issues that come with aging.

When I hear this, it doesn't make me too concerned. They may be trying to do some sort of Medicaid planning or VA planning. The first questions you need to ask in order to properly evaluate whether or not this is a good plan for your dad is 1) what are the terms of the trust and 2) what kind of trust is it. The terms of the trust will dictate...
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Q: Is it possible to have past convictions removed from your record?

1 Answer | Asked in Criminal Law for Utah on
Answered on Apr 15, 2018
Mr Aric M Cramer Sr.'s answer
It depends. Some crimes are not expungeable. Others are depending on time that has passed from the end of probation. Contact a criminal defense specialist in your area.
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Q: MY BROTHER COMMITTED SUICIDE. HE LEFT 3 KIDS UNDER 18 AND A EX WIFE. WHO WOULD BE CONSIDERED NEXT OF KIN?

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

I am sorry for your loss. I am also sorry I am having a bit of trouble understanding your relationship to the decedent. Is he your wife's brother, or your sister's husband? I would imagine that he is your wife's brother because otherwise, your sister would stand in line to inherit something and you didn't mention her. Please correct me if I am wrong.

Together with the above, I am assuming that your mother-in-law is the decedent's mother as well. To answer your...
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Q: Lease agreement contract

1 Answer | Asked in Contracts and Real Estate Law for Utah on
Answered on Apr 13, 2018
Wesley Winsor's answer
Contract law imposes a duty to mitigate damages. So if you breached the agreement then technically you are responsible to pay rent for the months that you said you would in the contract. However, if the property management company is able to "re-rent" the place quickly then this would relieve of your duty to pay out the contract. They have to give a reasonable effort to mitigate damages, but you are also responsible for the additional expense of getting the place ready to rent, as well as...
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Q: Is a car loan, not making enough money, home country being violent, & loss of job, enough to have a I-601A waiver work?

1 Answer | Asked in Immigration Law for Utah on
Answered on Apr 9, 2018
Hector E. Quiroga's answer
You need to see an immigration attorney. While it is likely that your wife has a bar, it might not be 10 years. She might not have one at all.

Your wife started accruing unlawful presence on her 18th birthday. If she got her DACA grant within 180 days of applying, she might not have accrued enough to have to file a waiver.

If she does need a waiver, she will have to show that you will suffer extreme hardship if her application for one is not granted. Waiver applications are...
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Q: DUI, had court ordered therapy, therapist wont provide proof until insurance pays. Is this contempt?

1 Answer | Asked in DUI / DWI for Utah on
Answered on Apr 4, 2018
Mr Aric M Cramer Sr.'s answer
Contempt on whom? Your question is not clear. Call your attorney to assist you.
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Q: I am over 18 years old and I want to now if my step dad can adopt me?

1 Answer | Asked in Adoption for Utah on
Answered on Apr 4, 2018
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Q: What does it mean that the filing date is in 2014 and the date of patent is in 2018? (E.g. “effective filing date?”)

2 Answers | Asked in Patents for Utah on
Answered on Mar 24, 2018
Peter D. Mlynek's answer
The date of the patent is the date at which the patent starts to be enforceable. This is called the "issue date" or "grant date".

The day that you apply for a patent is the "filing date". It takes many months or years from the filing date to the issue date. If a patent issues in 2018, then it is reasonable that it was filed in 2014.

If there is some sort of a continuation of an earlier patent application (a CIP, or divisional, or a continuation, or a national phase of a PCT,...
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Q: Husband previously married and raised ex's daughter as his own. Can he still adopt even though married to others now?

1 Answer | Asked in Adoption for Utah on
Answered on Mar 23, 2018
Jason F. Barnes' answer
Yes, there is a chance that he could adopt her. Give us a call so we can discuss this in detail and more fully determine the answer to your question.

PH: 801-546-3874
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Q: I live in MA and am being sued in Utah by a previous employer for my compensation to be returned to them because I left.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Utah on
Answered on Mar 15, 2018
Salim U. Shaikh's answer
Such pressure tactics are used by employers. My advice is that you immediately consult Attorney of your local jurisdiction and ask him to prepare a cross suit against former employer against willful violation of their contract whereby they hired you for a job relevant to your experience but placed against a different job that led you to leave the company, etc.
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Q: I have been watching a friend puppy for last 3 month. She dropped her off and has only came back to say hi.2 times . tha

1 Answer | Asked in Uncategorized for Utah on
Answered on Mar 15, 2018
Wesley Winsor's answer
Animals are considered property. She now has the animal, so I think that it would be hard to take it away from her. If you still had the dog you could have claimed the puppy "abandoned" and went through the process of changing ownership. Unfortunately, I don't think you can do much at this point.
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Q: Q: My dad passed away and had family heirlooms that were left on his property. Now my aunt thinks they should go to her.

2 Answers | Asked in Estate Planning and Probate for Utah on
Answered on Mar 8, 2018
William Tyler Melling's answer
Assuming all of your father's children are also children of your mother, then the heirlooms are hers unless there is some other Will or instrument governing their ownership. Even if your father had children that weren't your mother's children, it would be divided between your mother and those other children, not to your father's siblings.
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Q: If my son files for bankruptcy does his student loan debt go away?

2 Answers | Asked in Bankruptcy for Utah on
Answered on Mar 2, 2018
Stuart Nachbar's answer
Most of the time, student loan debt is not dischargable
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Q: What options do we have if my husband was denied on his I485 application? He is from Australia and we were married here.

1 Answer | Asked in Immigration Law for Utah on
Answered on Feb 27, 2018
Hector E. Quiroga's answer
He can travel back to Australia, and you can file an immigrant visa petition for him. It will take about a year for him to come back as an immigrant. You can also file a spouse nonimmigrant petition on his behalf. We suggest you talk with an immigration attorney to see what might work best under the circumstances.
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Q: How do I go about adopting a young man who I have been guardian of for twelve of his thirteen years?

1 Answer | Asked in Adoption for Utah on
Answered on Feb 26, 2018
Jason F. Barnes' answer
Great questions, but in order to answer your questions, there are a lot of personal questions I need to ask you, which I am sure you don't want out in the open. Please call our office at 801-546-3874 and ask for myself, Jason Barnes.
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Q: Can the imposition of a restricted license for a PerSe arrest be removed or set aside if the subsequent DUI charge was

2 Answers | Asked in DUI / DWI for Utah on
Answered on Feb 22, 2018
Michael S. Edwards' answer
Your question cannot be answered with a simple yes or no. If this is your first DUI offense within the past 10 years, and if your license was suspended for 120 days (a per se suspension), then if your DUI charge is dismissed in the criminal court, then the Driver License Division should reinstate your license when it gets proof of the dismissal.

However, if this is your second or subsequent DUI arrest within the past 10 years, or if your license was suspended or revoked for a refusal...
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Q: I entered a contract, and believe i was in a wrong state of mind, if taken to court would I be able to fight and win.

1 Answer | Asked in Contracts for Utah on
Answered on Feb 22, 2018
Wesley Winsor's answer
First, let me say that I am sorry that you felt taken advantage of.

I don't think that it is ever good advice to ignore a debt and expect that it will just go away, so I wouldn't do that. In order to have a legitimate capacity defense for why the contract shouldn't be enforceable, you would have to prove that your state of mind such that you were not able to comprehend the rights and duties you were contracting for and that a reasonable person would have known that you were in a such a...
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Q: How would I open an estate for my son who is under 19 and father's deceased.

1 Answer | Asked in Wrongful Death for Utah on
Answered on Feb 20, 2018
Peter Munsing's answer
You need to consult a member of the Utah Assn for Justice. They give free consults, and can discuss the case with you and what needs to be done.
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Q: What is the best way to search and see if a product idea that i have is already currently patented?

1 Answer | Asked in Patents for Utah on
Answered on Feb 15, 2018
Peter D. Mlynek's answer
You either have to do a patent search yourself, or hire a patent attorney or a patent searcher to do it for you.

As with anything, obviously someone who does searches for his/her living will do a better job than you can, but many people do searches themselves to do a good enough job for their purpose.

If you want to do a search yourself, then go to the Patent Office website, and spend some time searching for various keyword, word strings, combinations of words, and their...
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Q: My spouse submited I130 and was approved. He has an I120 and a valid passport, can we travel to Vietnam ?

2 Answers | Asked in Immigration Law for Utah on
Answered on Feb 13, 2018
Kevin L Dixler's answer
Definitely not! Does he even possesses a non-immigrant F-1 student visa? A form I-20, among other documents, allow him to seek an F1 visa at a U.S. Embassy or Consulate. Find out whether and/or which visa foil is in his passport!

The CBP must presume immigrant intent if he has and tries to use an F1 visa. He is married to a lawful permanent resident seeking naturalization. As a result, he will not overcome the presumption of immigrant intent for the purposes of the visit.

This...
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