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2 Answers | Asked in Family Law and Probate for Utah on
Q: Mom died, no will, I am the beneficiary her bank account. A cashiers check for over $100K, she is both payee and payor.

My mom made herself as the payable person on the check. No hard assets other than paid for car, rented low income apartment. This is why the cashiers check to keep the funds private. I have the death certificate. No other heirs, ex husband divorced over 10 years ago, no other debts other than, if... View More

Wesley Winsor
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Wesley Winsor
answered on Dec 19, 2024

The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a... View More

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2 Answers | Asked in Immigration Law for Utah on
Q: I live in Utah and I want to know if you could take my case for marriage documentation. because you're in other state.

I am getting married to an American citizen and I am currently pregnant. I have my student visa and everything is legal.

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 10, 2024

Yes, any immigration lawyer in any state can represent a client in any other state or in any other country on the planet. This is the nature of immigration law. If you entered the United States with permission, which it looks like you did, and you are getting married to a US citizen, then you can... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: Can a spouse automatically inherit the house even if she's not included on the house's title (in the state of Utah)?

Hi,

I have a family member who's scared of being left without a home if her older husband passes away. She asked him about being included in the title, but the husband got strangely defensive about it and wanted to only keep his name on the title.

Where does that leave her?... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 20, 2024

This is a complicated question. In situations like these, details make a difference. Please tell your friend to have a consultation with an Estate Planning attorney. Many of us will talk to you for free.

Here are a few issues that can come up:

Prenuptial Agreement: This is one way...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: Can a spouse automatically inherit the house even if she's not included on the house's title (in the state of Utah)?

Hi,

I have a family member who's scared of being left without a home if her older husband passes away. She asked him about being included in the title, but the husband got strangely defensive about it and wanted to only keep his name on the title.

Where does that leave her?... View More

Wesley Winsor
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Wesley Winsor
answered on Dec 19, 2024

If her husband is unwilling to add her name to the title, I agree with Mr. Prigmore's assessment that ensuring her inclusion in the husband's will is a critical step to secure her position regarding the home. However, additional legal mechanisms might provide greater security and peace of... View More

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1 Answer | Asked in Contracts for Utah on
Q: Can I quit my job anytime ?

I work at Thuisbezorgd and the employer told me that I have to stay for minimum 3 months to work there. I need some fast money and the fastest way was to work here, because it’s flexible and I can make money pretty easy. So I decided to work here. Also, there is a probatory month which I can quit... View More

Wesley Winsor
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Wesley Winsor
answered on Nov 7, 2024

In Utah, employment is generally considered "at-will," which means that an employee can quit their job at any time without providing a reason or notice, and similarly, an employer can terminate employment at any time, barring any illegal reasons such as discrimination. This principle... View More

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Utah on
Q: if i inherited my mothers house and the ooan is still in her name 8 years after her death is there a way to discharge th

The loan? Is there any way that the statue of limitations has reached its expiration date since the loan is not in my name?

Wesley Winsor
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Wesley Winsor
answered on Oct 21, 2024

It sounds like you're dealing with the process of managing ownership and financial responsibilities for a property following the passing of your mother. Here's a summary of the key points and steps you might consider:

1. **Determine Property Ownership:**

- Check if the...
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3 Answers | Asked in Bankruptcy for Utah on
Q: Will I lose my car in chapter seven?

I'm 20 and filing for bankruptcy. I am 3 months behind on a car payment. I plan to catch up. My car is worth about 2700. Will I lose it because I'm behind?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 7, 2024

Filing for bankruptcy relief (generally, you are entitled to a Discharge in eight years) is a pretty serious step, and must be based upon all your present circumstances together with your future expectations.

And the cost of even the simplest bankruptcy will be close to the current value of...
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1 Answer | Asked in Personal Injury, Domestic Violence and Criminal Law for Utah on
Q: In Utah, I got arrested for DV/assault. I did not do this. Will the initiator still get in trouble?

x

James J. Lee
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James J. Lee
answered on Sep 4, 2024

If you got arrested, that means the police believe you committed a crime. While I'm not sure what you mean by "initiator", any other party involved in this incident would be considered a victim and/or a witness. The victim or witness would not be in trouble for anything. Of course,... View More

2 Answers | Asked in Estate Planning for Utah on
Q: How do I find out if I was named in a trust? How do I find out if my kids were on a trust?

My dad passed away and prior to his passing, his condo burned down and needed rebuilt. Is there somewhere I can search to find the trust my dad said was set up? I don't have any idea who the trustee is or the executor of his will. I'm concerned his will was destroyed in the fire a year... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 3, 2024

The county recorder will have a record of the most recent deed on the property. This will show if the property is held in a Trust. If it is not in a Trust, you will need to go through Probate to transfer the property.

If you can't find a copy of the Trust, you may have to do a Probate...
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2 Answers | Asked in Estate Planning for Utah on
Q: How do I find out if I was named in a trust? How do I find out if my kids were on a trust?

My dad passed away and prior to his passing, his condo burned down and needed rebuilt. Is there somewhere I can search to find the trust my dad said was set up? I don't have any idea who the trustee is or the executor of his will. I'm concerned his will was destroyed in the fire a year... View More

Wesley Winsor
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Wesley Winsor
answered on Sep 5, 2024

I concur with Mr. Prigmore. Additionally, I would mention that while it is possible, it's quite rare for individuals to file copies of their will or trust with the Court after signing them. Most people value their privacy and choose to keep these documents with their personal belongings,... View More

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1 Answer | Asked in Estate Planning and Family Law for Utah on
Q: Will I be kicked out of my home by my husbands heirs?

My husband bought our home 2 years before we met. His kids are still listed as his beneficiaries on the house. If he dies before adding me to the title, can they kick me out of my home? We live in Utah and I want to know if I have any rights as his spouse.

Kenneth Prigmore
Kenneth Prigmore
answered on Aug 29, 2024

A surviving spouse can have rights under Utah state law, but those rights can also be given away. Prenuptial agreements and estate planning documents can make all the difference. In some cases your rights can give you a portion of the estate no matter what happens.

I encourage you to sit...
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2 Answers | Asked in Car Accidents for Utah on
Q: I rear ended a car and the same car backed into me while pulling to the side. I had no insurance. Am I at fault?

I rear ended a car and my tags were expired for about a month and no auto insurance. We were going to pull to the side to exchange information and not cause traffic and he accidentally backs up into me probably harder than I hit his car. He is now trying to make me pay for his damages. Am I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2024

A Utah attorney could advise best, but your question remains open for two weeks. This is a difficult one - unless there is video available, it's going to be your word against his. For a low-speed impact like that, there is no economical means of distinguishing between impact 1 and impact 2 -... View More

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2 Answers | Asked in Car Accidents for Utah on
Q: I rear ended a car and the same car backed into me while pulling to the side. I had no insurance. Am I at fault?

I rear ended a car and my tags were expired for about a month and no auto insurance. We were going to pull to the side to exchange information and not cause traffic and he accidentally backs up into me probably harder than I hit his car. He is now trying to make me pay for his damages. Am I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2024

Addendum - Don't knock yourself out over it. If the bumper is going to come off and be replaced, which is often the case these days with minor impacts, the distinction between the separate impacts might not be worth dwelling on. Good luck

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1 Answer | Asked in Criminal Law for Utah on
Q: I just want to know what charges can my cousin get and how long he could possibly be in jail for

He is 18 years old. He was drunk and had a gun. Him and his girlfriend live together. But his girlfriend mom came over and when he was drunk he pulled out the gun to them

James J. Lee
PREMIUM
James J. Lee
answered on Aug 19, 2024

Depending on a few more details, he could be charged with one or more of the following:

-Intoxication (Class C misdemeanor; 90 days jail; fine)

- Minor in Possession (Class B misdemeanor; 6 months jail; fine; driving suspension)

- Threatening with or using dangerous weapon...
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1 Answer | Asked in Criminal Law for Utah on
Q: My bf is incarcerated right now, they keep telling him they r waiting on the discovery to see what is further being done

What can we do to bring him home

James J. Lee
PREMIUM
James J. Lee
answered on Aug 9, 2024

Sorry if this answer is too late.

This largely depends on what stage of the process he is in. If I assume he was arrested recently and is in the beginning stages, he may be in custody for a few days till they officially file charges against him. There's a good chance they will release...
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1 Answer | Asked in Libel & Slander, Civil Rights, Constitutional Law and Personal Injury for Utah on
Q: Nov 4 2018 the day i check in it Sept 11 2019 i sustained iinjuries from a assault and battery at lantern house shelter.

Its was 2 against 1 i had no chance of defending myself, which means it was planned no officer of the law or emt attended to my injuries instead I was told to leave the lantern house shelter for 3 years before i was able to come back its there purposely keeping me from getting the xrays and mri... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

I understand you're describing a serious incident that occurred on September 11, 2019 at the Lantern House shelter, where you were assaulted by two individuals. This sounds like a very distressing and traumatic experience. I'm sorry to hear you went through that.

Based on what...
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1 Answer | Asked in Immigration Law, Personal Injury, Civil Litigation and Civil Rights for Utah on
Q: I was intimidated by a police officer, he caused me too much distress I need help to see if I can sue him!

He was trying to make me deny that I was attacked , he said he was not going to fix the police report and he was not going to write any evidence that tells thatindicates that the defendant committed the act. He also obligate me to say that I wanted a new detective because he was going to close my... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

Based on the situation you've described, it sounds like you may have a potential case involving police misconduct or civil rights violations. While personal injury lawyers sometimes handle these types of cases, you may want to consider consulting with an attorney who specializes in civil... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Utah on
Q: My friend's parents have already had DCFS take their children from them once. Can they turn off their kids mobile data?

They got the kids back and they've been told by DCFS that they can't take away their kids doors.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're asking about a sensitive situation involving your friend's family and DCFS (Division of Child and Family Services). To address your specific question:

Parents generally have the right to control their children's access to technology, including mobile data....
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1 Answer | Asked in Criminal Law for Utah on
Q: If I was arrested for warrants and I'm in my car do they s right to impound my car

So if they are nothing in car and they impound the car but I was not doing anything to justify a traffic stop can they still impound the cst

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

If you were arrested for warrants while in your car, the police might have the right to impound your vehicle. Typically, if you are taken into custody and there is no one else to take possession of the car, law enforcement can impound it to ensure it is not left unattended.

Even if there...
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1 Answer | Asked in Estate Planning for Utah on
Q: Our lawyer advised us to wait a year to access estate funds after our mother's death and is now not answering our calls.

Step stepfather had structured settlement payments that passed to my mother when he died. Her lawyer was her payee for those payments and now she has died. He sends me the monthly checks. My sister and I do not trust him and hired an estate planning attorney. He filed probate and put a creditor ad... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jun 10, 2024

Thank you for sharing your situation with me regarding the structured settlement payments that have passed on to your mother and are now distributed to you by her lawyer. I understand the concerns you and your sister have regarding the handling of these funds.

In terms of when you can start...
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