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Utah Questions & Answers
1 Answer | Asked in Bankruptcy, Estate Planning and Workers' Compensation for Utah on
Q: Can your v. Successful x husband leave you homeless after 20 years of marriage and 4 kids?
David Luther Woodward
David Luther Woodward answered on Dec 1, 2020

I don't know! You live in Utah and things are done differently there! LOL

Please go see a divorce lawyer ASAP. Most good family lawyers will hear you out in the first sitting. Here in Florida (and in Texas and Oklahoma) the court can award temporary alimony, child support and...
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1 Answer | Asked in Health Care Law and Medical Malpractice for Utah on
Q: I was in a severe rollover accident where a passenger in my car died and I had to be extricated. The EMS at the scene

did not assess me at all at the site of the crash despite having a obvious head injury, forced me to stand up immediately after being trapped upside down in the vehicle with major intrusion into the cab from the roof, used the backboard that they had with them to cover a barbed wire fence so that I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 27, 2020

A Utah attorney who is familiar with standard operating procedures and protocols followed by first responders in such situations could advise best, but your post remains open for two weeks. To make a meaningful assessment, an attorney would likely need to know the EMS crew's account of events.... Read more »

1 Answer | Asked in Animal / Dog Law for Utah on
Q: My dog was supposed to be in quarantine for 10 days and I think that the animal shelter put him down without my consent
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 26, 2020

That is terrible! You can file a civil lawsuit. I would recommended talking to a local civil attorney about this. You can also try going to the media to raise awareness

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I live in a basement dwelling that the landlord doesn't have a permit to rent.

Our land lord doesn't have a permit to lease. There is a lock between the dwelling and the rest of the house. we have put in service request have have not been completed. When put in request we have been accused of smoking pot in the house. we have asked for 24 hour notices to be given upon... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 23, 2020

Most of your ability to sue is based on the lease. If a landlord refuses to give you what they promised in the lease, it is unlikely you will get a court to force them to improve things. If an apartment is unlicensed, or has serious basic problems like leaking roof, no water, etc, the state may... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: I got pulled over in utah for having my light of at night and he asked for proof of insurance but I didnt have insurance

I told him I left it at home and he took my driver license and didn't give me a ticket or a paper for it im surprise. And I'm just wondering am I good or am I screwed

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 18, 2020

No where near enough information to assess your issue. Call a local criminal defense attorney to get a consultation.

1 Answer | Asked in Criminal Law for Utah on
Q: What can I do if a police report was exaggerated and misleading to the actual event

Was accused of domestic violence whereas I was arguing with my girlfriend no violence. I slit my wrist was why 911 was called. No medical given. DV charges because he had scratches. But had scratches because police had her walk through the woods in the dark because could not find her on the trail

James J. Lee
James J. Lee answered on Nov 18, 2020

Sorry to hear about that. Since you've already been charged, it's too late to do anything with the report or with police. The next stage is addressing these issues in court. There are two ways this can be done: 1. talking with the prosecutor to discuss the factual discrepancies and/or 2.... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: If I am required to sleep at work for a "sleep shift" is it considered hours worked?

I work at a residential addiction treatment facility in Utah. I work less than 24 hours per day. One or two nights per week I am required to do a "sleep shift". A 9.25 hour period in which I am required to sleep at the facility in case of an emergency with any of the clients. The thinking... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 18, 2020

Assuming you work less than 24 hours per day during your sleep shifts (i.e. normal shift + sleep shift = less than 24 hours total), then your employer must abide by the minimum wage and overtime requirements of the FLSA. The federal and Utah minimum wage is $7.25 per hour, so your pay for the sleep... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: The following text is in our lease in the Holdovers clause:

Section 50. HOLDOVER: Holdover shall be in accordance with the provisions of Section 2. LEASE DATE AND TERM. All provisions of this Lease that are not inconsistent with a tenancy based on the terms in Section 2. LEASE DATE AND TERM shall remain in full force and effect. During the tenancy, Tenant... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 17, 2020

Your willingness to type the entire clause in your question for review is admirable. Unfortunately, no contract is limited to just one clause. Frequently, poorly written contracts can even have competing clauses. When you ask "or just in the event of a Holdover" it is impossible to say... Read more »

2 Answers | Asked in Estate Planning for Utah on
Q: Can anything be done when in the process of a trust and the grantor dies before signing?

We were in the process of setting up a trust for my sick mother when she suddenly became so sick (the day of hoping to sign in fact). Hindered by getting a notary public because of Covid, is there anything we can do?

Steven J. Fromm
Steven J. Fromm answered on Nov 16, 2020

Sadly, if the document is not signed it has no legal impact on the estate. If she died with a prior will and trust then that would be controlling. If there is no will or trust signed, dated, witnessed and notarized, then she died intestate. The rules of intestate succession in the state where... Read more »

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1 Answer | Asked in Contracts for Utah on
Q: How do I write the "SOW" part of a contract to allow for multiple projects to be defined outside of it?

My business does consulting (UX Design) for other businesses. I have a contract that I use, but it has a section where a specific scope is defined. I have a client that wants to be able to sign an overall agreement (like my contract), and then define projects and agree to them as they come. So... Read more »

Wesley Winsor
Wesley Winsor answered on Nov 13, 2020

Hello,

The best way to handle something like this is to make the contract dynamic in that it would refer to another document titled "scope of Work of Project X" and then define the terms of that particular project. The challenge though, is that you are going to need that other...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: If I am renting a home in Utah and paid a plumber to unclog a drain is the bill my responsibility or the landlords?

I addressed the problem to the land lord prior to making the work order to a plumber service and was told it was my responsibility. But upon reviewing the lease terms again it states that I am responsible to reimburse the land lord for the cost of any repairs caused by misuse or neglect. Is using... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 12, 2020

It is difficult to give you a definitive answer without reviewing your lease. Under Utah law, many parts of the Landlord-Tenant relationship can be controlled by the lease. If the lease says nothing, you are stuck. The person who pays for the repair is often left holding the bag. If the landlord... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Utah on
Q: I am US Citizen, I have a spouse and I want to marry some one in India. Can I apply for my 2nd wife I-130?

I need to have 2nd wife. I there is any law in Utah to have two wives?

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

Immigration is a federal statute, and bigamy is illegal in the US.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: After being served an eviction and given a date. Do we forfeit the right to sell our mobile home?

The house is ours no lean

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

In the eyes of the state, a mobile home is a vehicle. That is why you have a vehicle title to the home when you own it. If you are being evicted from the mobile home park, they either have a problem with you or your mobile home, or both.

If you own the mobile home, selling it is always a...
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1 Answer | Asked in Civil Litigation, Real Estate Law, Landlord - Tenant and Small Claims for Utah on
Q: I paid rent the past 6 months without a lease and I can prove that can I sue for being locked after paying rent

I paid rent on the 15 I was locked out and my room was broke into everything taken from it along with my safe broke open and emptied I had a dead bolt that only I had the key to. What cAn I do if I had no lease but te ts from roommate that renterd to me that contain rental agree ments and video of... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

If you can't afford an attorney, go to www.utahlegalservices.org. They will represent you if you qualify.

Once the police choose to back out of the situation, your only option is to sue the landlord.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: UT. Only I singed the lease. Landlord's info not present. Paid a deposit and one months rent. Is the lease still binding

I was told I'd be able to use the private hot tub on property. Being denied access. Hot tub not mentioned in lease. Lease not signed by anyone but myself. Can I move out without penalty and get my deposit back?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 6, 2020

If you sign the lease, and give the landlord a copy, he is in control of whether the lease is valid. If you sue to enforce the lease, the landlord can argue he never signed it and that you are on a month to month tenancy. If the landlord wants to enforce the lease, he can hand you a signed copy and... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: Do we owe taxes on Utah house sold 2 months ago, if no mention of prorated taxes on final settlement?

Sold our house in Utah 2 months ago. Just received email from title company asking for us to send $7,000+ to cover the tax bill that the new owner is responsible to pay. If there was no mention of prorated taxes on the final statement that we all signed the day of closing, isn't that in itself... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 5, 2020

I suppose in unusual cases, this could go either way. The Real Estate Purchase Contract almost surely covered this even when the Settlement Statement did not. It can be argued that the final Deed replaced the REPC.

Without reviewing all of the documents, it's difficult to be sure what...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Is it legal for my landlord to keep coming in my backyard without 24 hour notice?

My landlord keeps coming into my backyard without notice and then demanding me do certain things to the lawn or else they will charge me 300$ while only giving me a day or 2. I never get an inspection notice. When a new tenant moved into the basement apartment, they decided to divvy up the yard... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 4, 2020

The Landlord is legally required to follow the lease you signed with them. An agreement between the landlord and an additional tenant cannot change your lease.

If the landlord refuses to follow the lease you signed with them, you have the right to terminate the lease and move. You could try...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Are landlords responsible for replacing carpet on exterior of unit if there’s an excessive amount of bird excretion?

When I moved in I had my apartment manager replace the carpet on my units balcony as there were copious amounts of bird excretion that I could not clean. I thought it was just ruined from years of buildup but within a few months my balcony was again covered in bird excretion to the point where I... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 3, 2020

Most of your relationship with your landlord is controlled by your rental agreement. If you find a provision that says they must clean things up, you can demand they clean them up. If they refuse, you have a reason to quit the lease early.

If you don't have a provision in a lease to...
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2 Answers | Asked in Contracts for Utah on
Q: Can a person or company sign legal documents on behalf of a client if they have written permission to do so?

Asking because a friend wanted to know if I could sign his apartment lease agreement for him. In addition, I am wondering if someone could sign a legal document such as applying for auto or medical insurance policies on behalf of a person?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 3, 2020

It depends on the business. Many businesses and government entities will allow you to use a "Power of Attorney". This is a document signed saying it is ok for someone else to sign on your behalf.

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can I get brought to court on a 4 year old lease for problems found after and inspection. What can I do.

We lived in Utah 4 years ago. We did a final move out inspection with no discrepancies. The other day we received a text message that we owed money for cleaning and paint repair. They are threatening to turn over the info to an attorney which will affect my credit. They have not contacted us in... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 2, 2020

Utah State Code 78B-2-305(1) says that a party (like a landlord) may only sue for damage to the home/apartment within 3 years.

https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html?v=C78B-2-S305_1800010118000101

It's possible the text is someone who learned a little of...
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