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Utah Real Estate Law Questions & Answers
2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Utah on
Q: I'm an heir to an estate, How do I get my funds out of court after a foreclosure?
Kenneth Prigmore
Kenneth Prigmore
answered on Feb 16, 2024

The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.

If it has been long enough, the entity may have turned...
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1 Answer | Asked in Contracts, Real Estate Law and Probate for Utah on
Q: If 4 kids sell a house inherited & 1 nonexecutor says no after contracts start is that legal for a lien to be placed?

4 kids inherited a property from parents with 2 being an executor. After a closing date is set 1 nonexecutor kid places lien on property wanting price to be raised 200k. Price being sold is appraisal value. Is this allowed to stop closing of house and is there really a lien allowed to be placed on... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the facts provided, it would likely not be legal for the non-executor sibling to place a lien on the inherited property to prevent the sale after contracts have been started. Here are some key considerations:

- If there are multiple heirs, the executors have authority to sell...
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2 Answers | Asked in Real Estate Law, Estate Planning and Personal Injury for Utah on
Q: My aunt and dads name were on his house when he passed away he didn't have a will am I entitled to half of the property

How do I go about getting my name added to the house

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 25, 2023

The answer depends on a few things:

1- Were they listed as joint tenants or something else?

2- Did he leave a surviving spouse? In Utah, a surviving spouse will inherit everything if all of the children of the decedent are also children of the surviving spouse. If the surviving...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: The owners of a home I am renting (yearly lease with 9 months left) want to buy out our lease. What are our rights?

Owners apparently had a change in their financial situation and now want to buy out our lease. Moving would lead to considerable costs.

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 15, 2023

Your lease is a contract that will control whether a buyout is allowed and how it needs to transpire. If there is no mention of a buyout in your lease, then your landlord will need your permission to terminate the contract.

Unless the lease says otherwise, you can negotiate what you think...
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1 Answer | Asked in Constitutional Law and Real Estate Law for Utah on
Q: I am rental prop. owner and was sent pre-lien letter 2-10-23 and i paid the 2 invoices on 2-11-23 by USPS & confirm by

how is the matter resolved when the check clears? Can the legal assist. who sent the letter add atty fees, unauthorized contractor fees and interest from 2-10-23 in the amount of over $400? I notified ALL PARTIES AND LEGAL ASSIST. Feb. 11 by email that I already put their check in my lobby of my... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you have already paid the pre-lien notice in full, including the invoices and any late fees or interest, and have proof of payment, then the legal assistant should not be able to add additional fees or charges. However, if there is a dispute regarding the payment or additional charges, it may be... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Utah on
Q: In utah my stepmother and father co-owned an LLC.Father died. Is the LLC added to the total estate or is it separate?

In Utah this is important because anything inherited by my stepmother through joint tenancy offsets what she would inherit of my father's other assets that were solely in his name.

Wesley Winsor
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Wesley Winsor
answered on Nov 14, 2022

You should look to the operating agreement (if there is one) to see how the decedent member's interest is handled. If there isn't one, then an LLC interest is considered personal property and if acquired during marriage would be considered as being held in joint tenancy.

I hope...
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1 Answer | Asked in Real Estate Law for Utah on
Q: My mom has been paying everything on her house that she thought was hers now my brother wants half the mortgage

She was suppose to be the deed and my brother the co-sign she doesn’t understand or speak English good so she trusted him and his been lying all this time now he’s moved in and been threatening her to sell the house and wants half the money when he’s not even paid a penny is he entitled to... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 20, 2022

This is unfortunately one of the situations we warn against if a parent is considering adding their child as an owner on their home. The main question will be whether your mother was manipulated or bullied into the transfer. If she was not unduly influenced by your brother, and she really wanted... View More

1 Answer | Asked in Real Estate Law and Antitrust for Utah on
Q: My mom passed away we then find out her attorney is executor of her will. Can we fire him?

She was always nervous could never be alone from age 2. She sighned that not knowing what it meant. He can sell everything including the home property everything inside and out. Mom wouldn’t have willing do this we need help please.

James L. Arrasmith
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answered on Feb 25, 2024

If the attorney serving as the executor of your mother's will is acting in a manner that raises concerns, beneficiaries do have options. Generally, an executor can be removed by the court for valid reasons such as mismanagement of estate assets, failure to comply with the will's terms, or... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: I am on the deed of a house in Panguitch UT with my mother. I have been paying half of the mortgage for 15 years.

She was divorced by her husband and now the judge is granting him half of the house AND a life estate. He has paid nothing for 15 years. Any recourse on my part?

Anthony M. Avery
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answered on Jun 21, 2023

Your Mother should have informed the Court of the Title. A Rule 59 Motion To Amend The Judgment might be made now if within 30 days of entry. If all else fails you may want to file suit for Partition. You must hire a UT attorney now.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: What is the Utah code for renters/landlord on rights to terminate a month-to-month lease and time to vacate in utah?

I was given 30 days notice to vacate the premises and exactly 30 days to vacate as from last night (07/18/2022) and he is giving me until 08/16/2022 to do it. My understanding is that I had until the end of the following month of August. To say the least he has been a nusance. I would need a link... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 19, 2022

That is a lot of questions. Most attorneys will do a free consultation in their first appointment. I no longer accept clients on this type of law, but here is a great resource: do a google search for "Utahlegalservices" They help people that can't afford an attorney, and the website... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: I solely own bare property in Kane co.UT, if i transfer it to my spouse can a utility company come after him/property?

I have no utilities on this property, the privately shareholder owned water company is transferring it to the county. This is how i found out there is an outstanding bill of 17 years for “membership” and late fees. These a bogus charges but i really don't want to pay an attorney to prove... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 18, 2022

From your description, I see at least two issues: 1) how to get the water company to stop grouping both of your properties in your name in the same box for charges for water services, and 2) avoiding a lawsuit attempting to attach and sell the property to pay a claimed debt.

Regarding the...
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1 Answer | Asked in Real Estate Law for Utah on
Q: In Utah, does a deed have to be recorded in order to be effective?

If an executed deed is not recorded, the deed transfer is still effective, correct?

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 18, 2022

When you pay money for a piece of property, then you do have a claim against the person that sold you the property. But, the intended effect of a deed is to transfer ownership on official records. Until the deed is recorded, the transfer has not occurred in the eyes of the county and the state.... View More

1 Answer | Asked in Real Estate Law, Agricultural Law and Landlord - Tenant for Utah on
Q: can I cancel my rental agreement when I sell my property or does the rental agreement continue on with the new owner

this is a rental agreement on farm ground

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 12, 2022

The answer to your question will normally be found in your rental agreement. If you don't have anything in the agreement that specifically allows you to cancel if you sell, then you will normally be expected to fulfill the terms of the contract. As this is for farm ground, you don't have... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: What happens when our agent told us he sent an extension of the deadlines and they accepted it but they never did?

Agent never sent the amendment to the sellers agent and now we have been in a breach of contract for about two weeks without even realizing it because we were under a different impression. What can we do in that case?

Kenneth Prigmore
Kenneth Prigmore
answered on Jun 22, 2022

The first question will be whether anything negative happens to you as a result. If you don't have to pay anything extra, and you don't lose an opportunity, then there isn't normally much you can do about it.

Read your real estate purchase contract to see what if any...
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1 Answer | Asked in Estate Planning and Real Estate Law for Utah on
Q: Should an LLC be formulated in the state at which I reside or the state in which my rental properties are located?

2 rental properties in Utah in which I am the sole owner, I reside in WA. I formulated an LLC in Utah but never used it \. Would like to reuse that LLC but the address is under a former business partners address that lived in Utah. I am now sole owner of LLC. I already have a seperate bank... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 21, 2022

Best practice is to set up an LLC where the real estate is located. We can update addresses and registered agents as well as ownership information in order to bring your business information current.

If you don't have the LLC in the same state as your real estate you will often have...
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2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: If my lease is ending do I still need to give my apartment complex 60 days notice before moving out?

My lease ends this month and the apartment complex says that I need to give them 60 days notice that I'm moving out. I've never heard of needing to this. If I have to comply I'll be paying a ton more for a month to month contract which I don't want to do.

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 16, 2022

The answer lies in your rental agreement. Does it require 60 days notice?

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Utah on
Q: I have estate with it’s own EIN. We are selling a house. Does the estate pay takes and what rate?

At time of death it was valued at $270,800. Selling at 373k. It’s the only asset. Do we pay capital gains tax? What rate? Or does each descendant get a 1099 and pay their own taxes?

Wesley Winsor
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Wesley Winsor
answered on Feb 10, 2022

This is a better question for your accountant, but normally the estate will issue a K1 to each beneficiary that received cash distributions from the sale of the house that year. The house appreciation from the date of death will be attributable to the beneficiaries to whom it was distributed to at... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Does "written notice" to a landlord need to be signed and dated? Are emails and texts considered 'written notification"?

My wife and I are elderly and bought a house with a mother in law apartment 3 years ago (only our names are on the title and mortgage) but share expenses--mortgage, utilities, repairs and upgrades with our son and his family. He recently has tried to install a hot tub without our permission. When... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 27, 2021

Normally your signed agreement between the parties will answer these questions. I highly recommend, whether you have an agreement or not, to sit down for a few minutes with an attorney to discuss your options. Most attorneys will do this first appointment for free to see whether they will be able... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: If I bought a house with someone who didn't actually financially contribute to the house in any way and only paid

2 mortgage payments be entitled to half the home if it is sold?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 1, 2021

Step one is to communicate with this person regarding what they expect to receive in a sale of the home. Any value gained since the purchase, will be funds in question. (A court may find that the increase in value must be divided, you won't know until you receive a final judgment from the... View More

1 Answer | Asked in Real Estate Law for Utah on
Q: If I were to buy a house with a married man that I’m not married to, would the wife have any right to the house?

If something were to happen to him, could she possibly get half or anything? They haven’t been together for many years. Him and I have two kids together

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 26, 2021

The answer depends on what you have listed on the deed. If the deed says two people own the house "as Joint Tenants" this means that when one dies, the other will own the full house. If the deed only lists both of your names, then when one dies, their half of the house will be a part of... View More

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