Lawyers, Answer Questions  & Get Points Log In
Utah Real Estate Law Questions & Answers
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
PREMIUM
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...
Read more »

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... Read 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... Read more »

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... Read 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... Read 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... Read 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...
Read more »

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.... Read 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... Read 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...
Read more »

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... Read more »

Wesley Winsor
PREMIUM
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...
Read more »

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?

View More Answers

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
PREMIUM
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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Utah on
Q: Does the revised nonprofit corporation act take precedence over an HOA's bylaws and CCRs? Thank you!!
Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 24, 2021

It depends upon the provision in question. Many portions of the nonprofit act provide, “unless the governing documents provided otherwise…”

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: We are trying to end our lease a couple weeks early.

We provided written request to end the lease early and it was approved. We received a confirmation text from the property management company of new end date and a move out email with the new date.

One week following the confirmation from the PM co., we received an email from the landlord... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Aug 23, 2021

As I have not reviewed your lease or the text and email from the landlord's management company, I can't tell you how likely you are to win if you were to fight this out in court. The theory you suggest is valid and may be true. Your relationship with the landlord is based on your lease... Read more »

2 Answers | Asked in Criminal Law, Real Estate Law and Agricultural Law for Utah on
Q: So my grandmother before she passed took me down to the bank and

Quick claimed 3.25 million dollars worth of property into my name and once she passed the her daughters my mom and aunt foraged another quick claim deed into there names and sold the properties and I need help to bring them to justice and get whatever I can out of it.

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Aug 13, 2021

This issue is a Probate/Real Estate issue. And it is called a Quit Claim Deed.

View More Answers

1 Answer | Asked in Bankruptcy, Consumer Law, Real Estate Law and Business Law for Utah on
Q: I had issues with Ditech when they bought my loan from another mortgage company. They failed to pay my escrow accts

Ditech bought my loan. They were given all of my escrow in early September that was due in November. I didn’t know Ditech never paid my taxes or insurance until I received a notic that my house was going to be auctioned off. I had to prove to Ditech that it was their responsibility to pay it.... Read more »

Timothy Denison
Timothy Denison
answered on Jul 6, 2021

Sue Ditech.

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for Utah on
Q: I found out the beginning of March that I was going to be unable to renew my lease for too many late payments during/no.

They want me to be moved out by the end of May it's not an addiction it's just a non-renewal do I have rights in anyting that can buy me more time or at least until June 30th. It's already extremely difficult to find a place and everything going on with the pandemic as it is. Also... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on May 20, 2021

Based on rights, you have a right to stay as long as contracted, and Landlord is has the right to do business with whomever he pleases. If he accepts payment for a new month, he must let you stay for that new month. Some landlords will change their plans if you give them an extra month's rent... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Utah on
Q: How to get my boyfriend off the title if I’m the only one on the mortgage loan
Kenneth Prigmore
Kenneth Prigmore
answered on May 10, 2021

Title is legal ownership of a piece of real estate. Unless he was placed on title in error, or through fraud, your boyfriend currently owns a portion of the real estate. The only way to remove him in that case would be to get his signature on a deed releasing his interest to you, or if he refuses,... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.