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Utah Questions & Answers
1 Answer | Asked in Nursing Home Abuse, Employment Law and Personal Injury for Utah on
Q: I got hurt/burnt at work, at a nursing home. Someone left oil and food on the grill and set off the fire alarm.

And in a panic I grab the tool to get grease off and other stuff off the grill and the oil was at the highest temperature. And when I scrapped the burnt everything off the oil went up the tool on to my hand and caused. 2nd-3rd degree burns from the tip of my finger to my nuckle. After a half hour... Read more »

Michael C. Smith
Michael C. Smith answered on Oct 18, 2019

I'm very sorry to hear about your injury and the retaliation by your company. You probably have a workers compensation claim for your injuries and a wrongful termination. You should definitely speak to an attorney about your case. Best wishes to a quick recovery.

2 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: I got pulled.over a week ago or so for no registration. And I had a weed pipe on me and a bag of weed.

Utah state. I got possession of controlled substance, possession of drug paraphernalia. Just weed, first charge ever in my 28 years. Also Failure to register registration. Warning. Is what the ticket says.

the officer gave me a break for just making it easy for him when he asked if I had... Read more »

Mike Branum
Mike Branum answered on Oct 18, 2019

An attorney would have to inspect your documents to give you a good answer but my suspicion is that there was a communication breakdown between you and the officer. Failure to register is a non-moving violation and is generally dismissed if you produce evidence that you have corrected the problem.... Read more »

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1 Answer | Asked in Real Estate Law for Utah on
Q: My father and his brother bought some property together and have a deed showing they are the sole owners of the property

My Uncle passed away, he did not leave a will. So what does my father now need to do? Does this need to be filed with probate court? Or does this now fully pass to my father?

Kenneth Prigmore
Kenneth Prigmore answered on Oct 15, 2019

The answer depends on how your father and uncle owned the property together. If the deed says they are "joint tenants" then your father will receive sole ownership of the property. That would only require a simple document recorded with the county with a copy of the death certificate.

If...
Read more »

1 Answer | Asked in Adoption for Utah on
Q: On a private adoption in Utah, can I accomplish this without a lawyer? I just cannot simply afford one.

Background. We met a couple back in 2012 and the woman was about 6 months pregnant. The couple was not ready to start a family. They were married (since divorced). Anyway they asked us to adopt the unborn child. We were advised by Hill Afb legal to get a written statement from the couple giving up... Read more »

Jason F. Barnes
Jason F. Barnes answered on Oct 14, 2019

You are welcome to contact our office and we can discuss this further. 801-546-3874.

3 Answers | Asked in Probate for Utah on
Q: Hello, my father recently passed away and he didn't have no will and I'm his only child. He has a estate and vehicles

My family has came to my fathers home and stole guns,harley's, ATV, gold coin collection and etc. What can I do? Help me Please... Monica

Paul Waldron
Paul Waldron answered on Oct 7, 2019

In Utah you would need to file a probate action, get yourself appointed as personal representative, and have yourself declared the sole heir of the estate. You would be best served by retaining an attorney that works in the estate probate area of law that is also near where your father's property... Read more »

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1 Answer | Asked in Contracts for Utah on
Q: what elements (four corners rule) must be included in breach of contract complaint

motion to dismiss complaint was upheld by judge

Wesley Winsor
Wesley Winsor answered on Oct 2, 2019

The four corners rule basically states that the Court will look no further than the four corners of the document (contract) to determine what the terms of the agreement are. The exception to this is if there are ambiguities in the contract, if there are the Court will look for outside information... Read more »

1 Answer | Asked in Family Law for Utah on
Q: I'm an unmarried father in Utah of 3 boys. Have lived as a family since the begining to present. Can I get 50/50 custod

Ages 7, 5 and 3. I am on birth certificates. Really have been living as a normal family with mother for 7 years till present. Just have never been married. Our neighbors are even shocked at times to hear we were never legitimately married. We're ending on good terms for the most part but the one... Read more »

Mike Branum
Mike Branum answered on Oct 1, 2019

You will likely be hard-pressed to find an attorney willing to give you your chances. I will tell you that the request, based on the extremely limited amount of information in this Ask-a-Lawyer post, is reasonable. If you are willing to actually be responsible for taking care of the children 50% of... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Utah on
Q: Expired BAC test tube validity?
Mike Branum
Mike Branum answered on Sep 26, 2019

Results should be suppressed. You have won the lottery! Has to prosecutor offered a plea deal yet? Don't expect your case to be dismissed, mind you, but the state now has a much harder than ahead of them.

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1 Answer | Asked in Bankruptcy for Utah on
Q: Can a court ordered debt(day care) be discharged on a bankruptcy?

If it was discharged how do I make sure that debt is paid back to me?

Timothy Denison
Timothy Denison answered on Sep 25, 2019

Not if it is in the nature of support and maintenance. If I’d is discharged go back into your divorce case and make a motion to hold him in contempt.

1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: Can the death penalty be imposed for someone with mental/ psychological illness?

A young friend of mine was sentanced to 25 years in prison at age 17 for stealing beer, the attorney assigned to his case did a poor job in defending him. Whilst in prison he was housed with a rival gang member, they got into a fight which resulted in the other inmates death. My friend is now... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 23, 2019

The prosecution can seek the death penalty. If he has been charged with agg. murder, and has appointed counsel, they are Rule 8 certified and will look into that issue. Contact them. This constant posting of death penalty issues is not going to get you the answers you want. There are only about... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: What can be done if an inmate is being deliberately targeted by staff and warden?

I have a friend on death row he is separated from the rest of the death row inmates and is being deliberately targeted by staff and the warden, he isn't allowed to participate in programming, he isn't allowed to progress, I have a letter from another inmate stating he was personally told by the... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 23, 2019

If he's on death row he has several attorneys. You need to ask them.

2 Answers | Asked in Real Estate Law for Utah on
Q: Thier wasnt a will she sold the house right before she die an she had the money in her bank
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.

Wes

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2 Answers | Asked in Real Estate Law for Utah on
Q: Thier wasnt a will she sold the house right before she die an she had the money in her bank
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

If your question, is how do I get money out of the bank, then a child of the decedent or surviving spouse may be able to do it with a small estate affidavit providing that she has less than $100k in personal property including what is in the bank.

Wes

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1 Answer | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

It looks like this was already asked and answered.

2 Answers | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

This looks like it was already asked and answered.

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1 Answer | Asked in Estate Planning for Utah on
Q: Need to stop probate in case number 193300081 my brother jarrod was give any chance to notified to this matter

I didnt receive my intell the review date can we do something about this

Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

Hello,

You can't just stop a probate, unless you can prove that the person is not dead, I suppose that would stop it. But if you are trying to stop the personal representative from being appointed you will need to object to his/her appointment.

Wes

1 Answer | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

It looks like this was already asked and answered.

2 Answers | Asked in Contracts and Construction Law for Utah on
Q: Customer refuses to pay the remainder amount owed for work done on a construction job I did for him on his house.

So the mechanic lein is only paid if the house is ever sold.

Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

Hello,

I am sorry to hear about this. Are they claiming a defect in the work? Did you have a contract that outlined the work and timing of payments?

In any case you have two remedies, you can usually put a mechanic's lien on the real estate, which will have to paid if the house is...
Read more »

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1 Answer | Asked in Tax Law for Utah on
Q: I have a question about Generation Skipping Transfer tax.

If a dynasty trust has been created and all of the applicable GST exemption has already been allocated, what can a beneficiary do to increase this exemption for future generations? Could the beneficiaries pull out the corpus that isn't GST exempt and put it back into the trust using THEIR GST... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 19, 2019

You use a power of appointment to include a portion of the trust corpus in the skip-person's estate subjecting it to estate tax and using their lifetime exemption.

or you can create a current gift through a sub-trust and lock in the current lifetime exemption before it drops in 2025....
Read more »

1 Answer | Asked in Family Law for Utah on
Q: ok I live in the state Az and I already have court orders here but just had to go to SLC Utah because

well I have been trying to enforce any parenting time I was given but the father has sent my daughter out of state to Utah with his mother at first and she was only suppose to stay out there to visit with grandma because she has cancer and wants to spend time with her , anyways the dad is here in... Read more »

Mike Branum
Mike Branum answered on Sep 11, 2019

If you have a custody agreement in Arizona, you need to file for a modification. If the father has primary custody and is homeless, it will be difficult for him to argue the child would be safe in his care. You could also file a complaint with child protective services when you file your petition... Read more »

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