Utah Questions & Answers

Q: Do we have any recourse with the seller??

1 Answer | Asked in Real Estate Law for Utah on
Answered on Jul 26, 2017

In New York at least there is legal recourse for fraud.
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Q: One of my employees was assaulted on the job by a customer. Can the company press charges on their behalf?

1 Answer | Asked in Criminal Law and Employment Law for Utah on
Answered on Jul 25, 2017

You would have to ask an employment law specialist this question.
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Q: If a contract with a new client requires money to be spent to complete the contract, is that money a business expense?

1 Answer | Asked in Business Law, Contracts and Tax Law for Utah on
Answered on Jul 18, 2017

Nearly any legitimate business expense can be discounted against revenues. I think you will need to be more specific on your question. If you are having to spend money to acquire new or specialized equipment or an upgrade of some sorts then absolutely.

I hope this helps.

Wes
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Q: How long does utah have to file charges of possession with intent to distribute charges?

2 Answers | Asked in Criminal Law for Utah on
Answered on Jul 17, 2017

The Statute of Limitation for a felony (which all charges like this are) is four (4) years from the date of the alleged offense. Consult with an attorney to get more specific information. Good luck!
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Q: Can I sue the mistress who lives in Utah for "alienation of affection"?

1 Answer | Asked in Family Law for Utah on
Answered on Jul 17, 2017

No. You might consider contacting a UT attorney. You should also post this question in the civil or torts law section, as it is not really a "family law" question.
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Q: Can they enhance a new charge of heroin if u have a prior for marijuana over 12years old?

1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Answered on Jul 15, 2017

I would need much more information to answer this.
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Q: question about bail money if I bail somebody out cash only for $15,000 and some of the charges got dismissed

2 Answers | Asked in Criminal Law for Utah on
Answered on Jul 13, 2017

The main purpose of bail is to guarantee the bailed person's appearance at all of the court's hearings. So the presumption is that the bail will be returned to you once the case is finalized (adjudicated, in legalese). It usually takes the court two to three weeks to get the money back to you when that happens.

Sometimes the judge of the case will use part of the bail money to pay any fines, court fees, or restitution. When that happens, the balance remaining is then refunded to you....
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Q: What is the criminal code for paternity fraud?

1 Answer | Asked in Family Law, Federal Crimes and Criminal Law for Utah on
Answered on Jul 12, 2017

Sounds like a forgery.
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Q: I am an artist that WAS under contract with a publisher. They copyrighted my art in their name. Is that legal?

1 Answer | Asked in Copyright for Utah on
Answered on Jul 12, 2017

What does your contract say?

If your contract assigned the copyright interest in your work to your publisher, then your publisher is absolutely permitted to register works created by you. If your contract isn't explicit about assigning ownership of copyright (but it should be), then ownership rights may depend on the nature of your employment relationship with the publisher.

If you're unclear after reading the terms of your contract, reach out to an attorney with experience...
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Q: Which of the following am I entitled to if I file for divorce?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Answered on Jul 10, 2017

You should have a good strategy for your divorce case. Finding the right lawyer for that can be daunting. Most lawyers will allow you to have a free consultation to determine whether they would be a good fit for your case. Feel free to reach out to a lawyer's office to see if they offer a free consultation.
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Q: Can I take legal action against a pawn shop that gave me false information?

1 Answer | Asked in Consumer Law, Contracts, Legal Malpractice and Small Claims for Utah on
Answered on Jun 30, 2017

Hi,

First off, let me say I am sorry for the situation. This can be extremely frustrating especially if there is sentimental value attached to the item.

I am assuming you sold the ring rather than pawned it (you got a loan from them using the ring as collateral). If that is the case, you lost all rights to the ring when you sold it unfortunately.

This was an enforceable and legal transaction. You got $100, they got the ring. The Courts will not intervene in this...
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Q: My uncle is in assisted living at a facility in Florida; I live in Utah. My uncle has a legal guardian.

1 Answer | Asked in Family Law and Elder Law for Utah on
Answered on Jun 27, 2017

First, you need to determine why it has your name on it. If you are a joint owner of the account then, no it is not the sole property of your uncles. If you are merely a payable on death beneficiary or hold a power of attorney, then it is your Uncle's sole property and the money should be used for your uncle's benefit.

I hope this helps.
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Q: My mother died 7 years ago my sister has been living in the home now the remaining sisters want to sell how do I remove

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Utah on
Answered on Jun 27, 2017

Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the authority to evict her. If there has already been a probate opened, then the personal representative/executor has the authority to evict her, by the normal means.

I hope this helps.

Wes
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Q: Curious if I am a Beneficiary and receiving home with small Mortgage through a Trust will I be Responsible for

1 Answer | Asked in Estate Planning for Utah on
Answered on Jun 27, 2017

I am assuming you understand that secured debts are those debts that are not attached to something that the bank/creditor can repossess and unsecured debts are debts such as credit cards, personal loans, etc. where there is nothing physical that the creditor can reclaim if the debt is in default.

Whoever the trustee is will be responsible for paying the debts. If there is enough money left in the estate to satisfy the unsecured debt then the trustee can pay those debts with the other...
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Q: I have a Question I am the Beneficiary of a Home with 50k left on Mortgage and it is worth 250 k. Will I be Responsible

1 Answer | Asked in Estate Planning and Elder Law for Utah on
Answered on Jun 27, 2017

Well that depends on your position. Are you the named personal representative? Are you a trustee of the the trust that the home is titled in? Perhaps you are on title with your grandmother as joint tenants with a right of survivorship. Or maybe you are named in the will as the beneficiary of the house. These scenarios all create different answers.

I am assuming that you understand that the mortgage on the home is "secured debt" and that you are asking about credit card debt or...
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Q: I am trying to find out how long my husband can be held in country jail without charges being filed against him.

2 Answers | Asked in Criminal Law for Utah on
Answered on Jun 26, 2017

The charges should be filed within 72 business hours. But there is no way for you to enforce that. Good luck!
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Q: How many days does a land lord need to evict for none payment utah

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Utah on
Answered on Jun 22, 2017

A landlord can serve a 3 day notice to pay or quit the day after the payment is due. If the tenant pays, they get to stay. If they don't then the landlord can start the eviction process.

I hope this helps.

Wes
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Q: Can someone legally give away someone else's pet snake?

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Jun 22, 2017

Pets are property so this question could just as easily be, "my cousin was keeping her bicycle at her friends, and her friend has given it away".

The answer to the question is "no". Someone who does not have ownership can't give it away. If they do, then what they are in effect doing is "stealing" the property and then giving it away. We call that misappropriation. Your cousin could sue her friend for the value of the snake, in addition, she could sue the receiver of the snake for...
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Q: I just need a simple answer. My roommate and I are going to buy a home. How do we each keep our children from taking

1 Answer | Asked in Elder Law and Estate Planning for Utah on
Answered on Jun 22, 2017

Here are two options:

1. You can set up a trust and both be trustees of the trust and when you purchase the property you purchase it in the name of the trust. If you do this then not only can you plan for the situation of what happens to if something happens to one of you, but it will also answer the question of what happens if something happens to both of you. It will avoid the need for probate.

2. When you purchase the property you take title to it as joint tenants (you do...
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Q: I have a H1B visa till 2019. I switched employer & got new I797. Can I use my valid H1B visa from previous employer?

1 Answer | Asked in Immigration Law for Utah on
Answered on Jun 20, 2017

There has not been any rule change in that regard. The old H-1B visa stamp can still be used as long as it has not expired.
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