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Utah Questions & Answers

2 Answers | Asked in Criminal Law for Utah on

Q: Someone says they field charges against you. But you havnt hurd from the cops or anything?? What do you do?

Someome says I stole a card from them spent their money. And said they field a report. What should I do

Gary Kollin answered on Jun 25, 2019

What are field charges?

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1 Answer | Asked in Family Law and Child Custody for Utah on

Q: What can I do?

My oldest son lives with his father. His father has sole custody (I have sole custody of our other child). My son was abused by his stepmother. DCFS is involved. Justice court is involved. I was not given information about the trial nor was I informed that the prosecutor had been changed. I thought... Read more »

Mike Branum answered on Jun 20, 2019

Regardless of what was SUPPOSED to have happened, you should take an active interest in this case if you are willing to take custody of your oldest son. If you are NOT willing to take custody and just have hurt feelings because you were not notified, I believe you are out of luck. Hopefully you... Read more »

1 Answer | Asked in Contracts for Utah on

Q: I live in Utah. Is there a way to legally cancel a membership to a trampoline park I purchased yesterday?

Wesley Winsor answered on Jun 17, 2019

This depends on your contract. You need to first look at the contract. What are the terms for early cancellation?

I am not aware of any state law that allows someone to back out of a contract within a certain period of time. The best advice I would give would be to look at the contract...
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1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Utah on

Q: When I was 9 (I'm 14 now)someone tried to rape me and did sexually assault me can I press charges w/ no evidence?

Benjamin Oxford answered on Jun 7, 2019

You can certainly file a police report, because your own testimony is evidence. However, whether charges can be brought depends on the statute of limitations that exists in your state. Most states allow charges to be brought until a certain amount of time after you turn 18 years of age. So, most... Read more »

1 Answer | Asked in Bankruptcy for Utah on

Q: My grandpa is on Soc. Security ($1000/mth) and has $40k in cred. card debt. Can't afford his payments. What should he do

Has no savings and most of his SS is going to rent, insurance, food, and medicine. He's 70 years old. We are worried he's going to get sued and he won't be able to pay.

Timothy Denison answered on May 29, 2019

Consult a local bankruptcy attorney to see if he qualifies for Chapter7. That could solve all of his problems.

1 Answer | Asked in Real Estate Law for Utah on

Q: Is it legal for the neighbor to remove a fence on our shared property line without our consent?

Our joint fence was completely removed, and they have embarked on a 5 week process to construct a retaining wall and new fence. We were given no written plan or written notice. They have excavated on our property, and they are trying to get us to pay part of their project.

Kenneth Prigmore answered on May 28, 2019

If both landowners paid to install a fence directly on a property line in the past, then yes, they need your permission to remove or replace the fence. Many fences are not built on a property line, but are instead just on one property or the other.

If you have had your land surveyed, you...
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1 Answer | Asked in Family Law and Child Custody for Utah on

Q: I have recently found out my son's dad is never home with his son and his dad girlfriend has been taking care of my son

Since his dad is failing on taking care of him can I pick up my son to live with me no custody has been established

Mike Branum answered on May 24, 2019

It sounds like you have some type of informal, verbal agreement for custody. You would be ill-advised to just "pick up your son to live with you" regardless of a formal custody agreement.

The first step, in my opinion, would be to have a conversation with the child's father, express your...
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2 Answers | Asked in Employment Law and Tax Law for Utah on

Q: I was overpaid by my employer, the DOD, and ended up losing $7k that I was told would come back through taxes. It didn't

I work for Hill AFB and I have a rather interesting problem that I am not sure how to resolve. My problem is not with the IRS but with DFAS (Defense Finance and Accounting Service).

When I started working for Hill, in 2017, I was guaranteed an 11k bonus. I received this bonus. The problem... Read more »

Bruce Alexander Minnick answered on May 23, 2019

You said you received $11,000, as promised. Then you said you received another bonus--without telling us how much. Bottom line: If you received a second bonus you did not deserve (under your employment contract) then you must repay it.

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1 Answer | Asked in Probate for Utah on

Q: My grandma passed away. She had a will and left everything to me. My mom is trying to evict me what can I do?

I lived with my grandma for years and took care of her. Her and my mom have been estranged for years my mom is trying to take everything and evict me even though my grandma had a will

Wesley Winsor answered on May 20, 2019

Have you seen your grandma's will? Under what authority is your mom using to try and evict you? Was she appointed the personal representative?

If so then even though you may be a beneficiary, she can still evict you. Who has been put in charge as the personal representative/ executor/...
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1 Answer | Asked in Tax Law for Utah on

Q: Can I stop my house from auction due to owing 5 years property tax if I pay off at least 1+ yrs of what is owed?

I took the home over when my father passed away, my father owed back property tax already at this time. I did pay on some of the past due but wasn't able to pay off completely. Well I got notice that due State Utah law if someone is delinquent on property tax for 5 years they can put the home up on... Read more »

Bruce Alexander Minnick answered on May 10, 2019

Yes that will probably work; but you MUST keep paying the overdue taxes--and the current taxes when they come due--or you will probably get to watch your house disappear soon.

3 Answers | Asked in Criminal Law and Juvenile Law for Utah on

Q: My 12 year old son may be charged with assault for a school fight. At what point should I hire an attorney?

They say he will be charged with assault. How will I know this has happened? Both kids shoved each other, but my son shoved first. Should we fight this? At what point should I hire an attorney? The other kid's father is a lawyer.

Gary Kollin answered on May 9, 2019

NOW. YESTERDAY. LAST WEEK.

Waiting to hire a lawyer until the charge is like waiting to have the cavity filled until you need a root canal.

If you were being investigated you would want an attorney now.

He needs to have his rights protected. He needs to know to stop talking...
Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Utah on

Q: If I've paid off a home equity can they charge me attorney,appraisal fees, and owe property tax home insurance

Included mortgage payment in to escrow. I receive a letter to pay or I'm in default

Kenneth Prigmore answered on May 8, 2019

As it has been five weeks since you posted, I suspect you have already been forced to make a decision. In case this issue comes up again, most of your relationship with the mortgage company is controlled by contract. Many lenders will agree to waive mortgage insurance if your equity exceeds a... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on

Q: My dad's landlord has been collecting rent from my dad and today we found out due to code enforcement that we have 10

Days to move cuz it is city property. Not our landlords. He refuses to refund any money or help with moving costs. We signed a lease and everything. What are our rights?

Kenneth Prigmore answered on May 8, 2019

Since 10 days have already passed, I assume you are already out of the property, unless you retained an attorney that was able to help you work something out with the city. In regards to paying rent and getting a refund from the landlord, any rent paid in advance for days you aren't allowed to live... Read more »

3 Answers | Asked in Criminal Law for Utah on

Q: I ended up getting him drugs thinking that he was an old associate of mine but he was really an undercover cop that got

Is that entrapment

Christopher J. Salcido answered on May 4, 2019

Sorry you didn't provide enough information to give a meaningful review of your case. I would suggest calling speaking with a criminal defense attorney.

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1 Answer | Asked in Copyright for Utah on

Q: With DMCA Notices, must I give the exact link to where the infringing material is or can it be a link where it may be?

I have been harassed by a troll website for the past few years and they continue to post my copyrighted works, namely: a book and a song. A few days ago, I sent the owner of the site a DMCA take down notice with all of the requirements for take down. I was informed by others that my copyrighted... Read more »

Griffin Klema answered on Apr 24, 2019

While it's best to provide a specific URL for avoiding arguments about sufficiency of a DMCA notice, you are correct, there is some leeway that a copyright owner has in providing a notice. However, if you are unable to identify the precise location, that itself is indicative that the website owner... Read more »

1 Answer | Asked in Estate Planning and Probate for Utah on

Q: My mother and father kept their finances separate from each other

he bought the house, she bought everything in it. When she died, in her will she left me all of her personal belongings (a handwritten list included with the will) which shows the furniture, etc. I've left everything in place since my father is still alive and don't want him living with just a... Read more »

Wesley Winsor answered on Apr 23, 2019

You can't disinherit your spouse. So regardless of what the will says, your father has a right to the first $75,000 + half of whatever is left over. Do you know if they had a prenuptial agreement? Probably not right?

So yes there is a marital interest. All personal property is...
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1 Answer | Asked in Estate Planning and Probate for Utah on

Q: My mother left me all of possessions which include basically everything in the house. I'm leaving everything in place

until my father dies. My problem is that my brothers and their wives and children are stealing things from my father's house and they are the things my mother left me. I would like to charge them the replacement value of the item from the trust since I can't seem to get them to stop their... Read more »

Wesley Winsor answered on Apr 23, 2019

Hi,

I am sorry for your predicament. Who is the trustee of the trust? It is the trustee's job to safeguard the property. If they are not doing their job, then your action would be against the trustee. He or she has a fiduciary duty to possess and safeguard the property.

Wes

1 Answer | Asked in Animal / Dog Law for Utah on

Q: If I tell an individual I live with not to touch my dog and he does it anyway multiple times can I take legal action?

He's a violent roommate and has threatened to put a shock collar on her and has touched her roughly. She's 2. Ive told him multiple times to keep his hands off my dog and he kept touching her even when she was next to me and out of the way

Wesley Winsor answered on Apr 23, 2019

Pets are property. If someone touches your property then you can sue them for trespass against property. The fact that your property is a dog doesn't really matter. Other facts that might matter are those that would weigh in on evidence of the wrongful touching. Things like, does the dog go... Read more »

1 Answer | Asked in Child Support for Utah on

Q: My ex and I had a verbal agreement that he would pay me child support monthly, he is currently behind 4 months

Our child is 11 and we have only had this agreement for about 2 yrs. Can I file for child support and receive back child support?

Wesley Winsor answered on Apr 23, 2019

This is not my practice area, but I will weigh in as no one else has. Enforceable terms of child support should have been taken care of or addressed in the divorce decree (assuming you were once married). Those will govern. If not in the divorce decree or there never was a divorce decree or court... Read more »

2 Answers | Asked in Estate Planning for Utah on

Q: If a trust specifies a yearly distribution to beneficiaries until all money is gone,

legally speaking isn't the money in the trust still considered the trustor's held in trust after their death until all money is gone.

the trustor had specific burial wishes and noted that there would be "plenty of money" for those wishes. Can't the money in the trust be used to fulfill... Read more »

Wesley Winsor answered on Apr 23, 2019

Hello, Good Question

The Trustor/Grantor/person who funded the trust is separate and apart from the trust itself. Depending on the form of the trust whether revocable or irrevocable the Trustor can retain some or all of the rights to direct the disposition of the property while they are...
Read more »

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