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Utah Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: De novo case on unclaimed felony Mislaid wallet in evidence, precedent case referral

In evidence unclaimed for +9 months w/zero conversion on additional 3 misdemeanor charges of 3 credit cards in wallet & 3&1/2 months served before plea of abbayance.

William Melton
William Melton answered on Feb 26, 2021

It isn’t clear what you’re asking. Can you ask your question again?

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Provo, UT landlord wants says move out for 2 months for major renovations on entire complex-lease has 6 month -can they?

Owners told management they don't know when renovations will occur but that we'll have at least 30 days notice. That's nice, but I would like to not move out until my lease is up 3 months after the approximate renovation date. I find no clause in the lease that lets the landlord kick... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 26, 2021

That is a pretty bizarre request. How and when a landlord can get you to leave is partially governed by state law, no matter what the contract says.

The contract will define most of your relationship with your landlord. Whether or not the contract allows for something like this is not as...
Read more »

2 Answers | Asked in Trademark for Utah on
Q: How much does a trademark cost?
Drew Chalfant
Drew Chalfant answered on Feb 25, 2021

The application itself will cost $250-$350 for each "class" of goods and services that you file in. For example, if you offer candles for sale, and candle making classes under the trademark "Wickzy", you would likely want to file in both classes in the same application. Many... Read more »

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1 Answer | Asked in Car Accidents, Contracts and Libel & Slander for Utah on
Q: Can a lawyer accept a personal injury settlement w/o their clients approval? If they do is that a breach of contract?

obtained a. Personal injury lawyer after a car crash. After almost a year and a half I directed the lawyer to start working towards a settlement. On 1/28 the Lawyer called and said they had negotiated an offer. I said I wanted to talk to my wife before accepting the offer. The next day( 1/29 )the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

No, you can tell the attorney that he should tell the company it was a mistake on his part, you never agreed to anytihing. You may want to consult other attorneys, see what they say. Look for attorneys who handle car wrecks and who are memers of the Utah trial lawyers association /Utah... Read more »

1 Answer | Asked in Business Law for Utah on
Q: how we can transfer of Chapter 7 Corporations Sole , from one successor to another successor in ligal way need lawyer

Need lawyer

Wesley Winsor
Wesley Winsor answered on Feb 24, 2021

Hello,

In order to transfer ownership of a corporation to another you will transfer shares. The other way to do it is to transfer the assets of the corporation by means of an asset purchase. There are benefits and drawbacks to both ways. I suggest we book a consult to discuss this...
Read more »

1 Answer | Asked in Divorce for Utah on
Q: After 43y married husband (66yr) and I (63)yr are divorcing. How many years of support can I expect realistically?

My husband recently told me he can retire anytime he likes and he is not required to pay me anything except 1/2 of his military retirement and also a portion of his social security. He then informed me that he intends to keep working, perhaps starting his own business or consulting but I would... Read more »

Lane Wood
Lane Wood answered on Feb 19, 2021

The answer to your question really depends on the specific facts of your case. By law, the Court can award support up to the length of the marriage. In your case, that is very unlikely. Where he is around retirement age, Alimony can become difficult if someone does retire. However, if he does open... Read more »

1 Answer | Asked in Bankruptcy and Banking for Utah on
Q: My credit union reported late loan payments when I was unemployed due to COVID-19, after being accommodated?

I was paid unemployment (California) based on $3,000 out of $38,000 in wages, against CARES Act calculation of unemployment for pandemic effected workers, and received only $87/week instead of $369, which disqualified me for extra $300/week in federal assistance.

As of Jan 31, 2020, I was... Read more »

Timothy Denison
Timothy Denison answered on Feb 15, 2021

Give the reporting agency copies of your extensions and challenge the late reports on your credit report. That should be sufficient to correct it.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I was given a notice to vacate that the vacate date is the date of my lease ending.

I am from the state of Utah and received a notice to vacate that is for the date the lease is up which is in over 2 months is this normal for a notice to vacate to be given to people when the lease is ending? Is this going to affect my rental history and show up on there as an eviction. What... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 8, 2021

A Utah attorney could advise best, but your questions remain open for two weeks. You could repost under Landlord-Tenant instead of the Personal Injury category. Although not all questions are ultimately picked up, you could have better chances of a reply in that category. Good luck

Tim Akpinar

1 Answer | Asked in Estate Planning, Probate and Securities Law for Utah on
Q: What are my chances to force a publicly traded company to lift the restrictions on stock in the court I have inherited

I am about to inherit restricted stocks from my father who was an insider in the company. I dont know what the restrictions are exactly yet, but whatever they are, can I and how likely can I succeed to force the company to lift those restrictions in the court?

Do they need to have... Read more »

Wesley Winsor
Wesley Winsor answered on Feb 3, 2021

Hello,

That questions is difficult to answer. If your Dad died while working at the company, perhaps the stock will come restriction free. Usually restrictions are in place to prevent insider trading, so if there is no chance at insider trading anymore, they may lift them. Other...
Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Can a child choose to live with dad. Even though he is on supervised visits issued by a judge.

2 years ago dad was put on supervised visits because he is an alcoholic. The mother began to let the kids go with their father without supervision and without going back to court. Now the 14 year old child wants to live with dad. Is that possible?

Mike Branum
Mike Branum answered on Feb 3, 2021

I'm having a sense of deja vu with this question. Possible? Almost anything is. Advisable? That depends on whether dad is still an alcoholic. If dad is still an alcoholic, mom lets the 14 year old go live with him, and anything happens to the child; mom could face both civil and criminal... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: Can a child choose to live with dad. Even though he is on supervised visits issued by a judge.

2 years ago dad was put on supervised visits because he is an alcoholic. The mother began to let the kids go with their father without supervision and without going back to court. Now the 14 year old child wants to live with dad. Is that possible?

Mike Branum
Mike Branum answered on Feb 1, 2021

Possible? Almost everything is. Advisable? Probably not unless dad is a year sober. Legal? You have already set a precedent by allowing variations from the court order. If dad petitions the court, he could possibly get more visitation than the current order but it is much less likely that he would... Read more »

1 Answer | Asked in Probate for Utah on
Q: My husband's mother died 30 years ago and whoever's is handling his inheritance there procrastinating on giving details.

They won't give him any details on how much it is or how long it's going to take them to get it to us. I mean 30 years, its been long enough can you help us what are the laws. They finally got ahold of him because of ottit

Wesley Winsor
Wesley Winsor answered on Jan 26, 2021

The first thing you should try to do is to get a hold of the estate docs. The Will and/or Trust. These documents will speak to your right to demand an accounting or other information. If they don't then you will be looking to the Utah Probate code or Utah Trust code to see if you have rights... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Utah on
Q: Can you be held in county jail on federal hold with no charges?

My sister is being held at Salt Lake County Jail and has two holds one is a US Marshals federal hold and the other an immigration hold. She has only had one court date even thought she has been incarcerated since August. She has had a lawyer come see her twice in 6 months whom claims is a private... Read more »

Brent J Huff
Brent J Huff answered on Jan 22, 2021

It sounds like your sister may be dealing with a federal case. Federal cases tend to move slowly; it would not be unusual for a person to have initially appeared before the court in August and to not have had another hearing. By calling an attorney with access to the federal and state systems, you... Read more »

1 Answer | Asked in Real Estate Law and Banking for Utah on
Q: my mom and I are both on the title of the house how do I remove her off without her signing ?

She won’t sign for me to refinance. I am the main person on the loan and she’s a co-signer. I don’t want her on my loan.

Kenneth Prigmore
Kenneth Prigmore answered on Jan 20, 2021

When you add someone to the title of your home, you have given them partial ownership. If you did not specify how much ownership on the deed, then everyone listed on the deed has an equal share. In a lawsuit started by either party, the home could be forced to be sold and the proceeds divided... Read more »

1 Answer | Asked in Bankruptcy for Utah on
Q: I have a question about liens. Can I include liens in a bankruptcy?

I have a question about liens. My ex-wife has a lien on my home for half of the equity of the home. My current spouse and I are on the current mortgage. I was hospitalized and accumulated a lot of debt from that hospitalization and there are two other leins on my home from a credit card judgement,... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2021

Yes. The liens can also be avoided under certain circumstances. Discuss with your bankruptcy Atty as to the best course of action.

2 Answers | Asked in Contracts for Utah on
Q: We want to cancel a contract with an HOA management company. There is no termination clause. Can they hold us in?

We have a 5 year contract with a property management company. The HOA board feels that the management company has failed to meet its duties and it is not likely to change. We want to cancel the contract. They have refused to let us out and say that they will only let us out if we pay the... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 19, 2021

You might have a leg to stand on. It all depends on what is stated in your contract. If the HOA Management Company has failed to meet important portions of the contract, you have options. You could terminate and then defend yourself if they sue, or you can sue them for failure to fulfill the... Read more »

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1 Answer | Asked in Contracts for Utah on
Q: Can I repossess a puppy if contract has not been followed by buyer? If so how to go about it?

I sold a puppy Feb 2019. 2200 as co owned with trade work worth 700 and payments monthly. Contact says dog will be DNA tested and reg akc as well as paid off by a year.

Half cost on me and buyer for testing and registration which buyer couldn't do. Most months I asked about a payment... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 18, 2021

Repossession must be handled peacefully. If they refuse to give you the dog, a court order can be obtained after winning a lawsuit based on the contract.

Everything depends on what was stated in the contract, so you will do well to have an attorney review everything before you proceed.

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: What are the laws for non-biological parents and child custody?

My boyfriend has 3 girls from a previous marriage, two of them are non-biological and he never got to adopt them but they consider him their dad, it's been recently that they want to live with him. What are the laws on this? If he never adopted them but has been in their life since they were... Read more »

Mike Branum
Mike Branum answered on Jan 13, 2021

If the girls and their mother live in Utah, you can file an action for custody and visitation for persons other than parent (see Utah Code Annotated 30-5a-103). I do not believe there are any forms precisely on point on the Utah Court's self-help website... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: Is earnest money required?

I have raw land I’m selling without the help of a real estate agent. I have not placed the land on market, the seller approached me asking to buy. We agreed on a price and want to move forward as easily as possible. I’m using a Utah REPC and plan to take the contract to a title company and have... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 13, 2021

Earnest money invites only serious buyers to get involved in a transaction. The earnest money does not force the buyer to buy your property, so no, the earnest money is not necessary for the REPC to be effective.

1 Answer | Asked in Bankruptcy for Utah on
Q: filing Chp 7, in utah but my spouse it not, I am on the deed to the house but not on the mortgage. how does that work?

I am not on the mortgage but I am on the deed for the house. will that effect my spouse at all?

Timothy Denison
Timothy Denison answered on Jan 1, 2021

No, not unless you have a lot of equity or she stops paying the mortgage.

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