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Utah Questions & Answers
1 Answer | Asked in Criminal Law for Utah on
Q: Can a tipster look thru your window which is hunch up and report a crime to police in utah

I case there are anyone who seen my previous messages I thought I was paranoid so got my own urine test from doctor came up clean now found out downstairs neighbor and across the street neighbor broke into my back window hide something in my spare bedroom they did not know I was taking out garbage... View More

Aric M. Cramer
Aric M. Cramer
answered on Feb 11, 2022

As you have been told before by me and other attorneys, you need to hire an attorney if you have been charged with a crime. You cannot represent yourself on this by asking questions online. All cases are very fact specific and there is no silver bullet to defend you. Please call an attorney.

1 Answer | Asked in Tax Law, Divorce and Family Law for Utah on
Q: How should my children be claimed each year on tax forms with my ex.

I have 2 children under 18 and one adult completely disabled child (21) for whom I provide the majority of support. My ex thinks we should be taking turns each year claiming either the disabled child or both minor children. It is my contention that we should be splitting the two minor children and... View More

Mike Branum
Mike Branum
answered on Feb 10, 2022

There is no "law" on this issue. It is a matter of what the parties agreed to at the time of divorce. Your decree should indicate how the children would be claimed on taxes. If there is no provision for child support for the adult child, then you would be entitled to claim the adult child... View More

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 Estate Planning for Utah on
Q: Can you answer questions about an executor in another state not communicating what's going on?

My mother in law passed away January 2021 and the executor has still not completed anything. Her house sold in October of 2021 and he said it'll be done soon. Checked in with him in December and he said "well, we have to give a couple of people small amounts of money that she... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 10, 2022

Hello,

I am sorry for your plight. If this is in Utah and it is a Will, then your husband as a beneficiary is entitled to a copy of the will. Legally they are and the PR / Executor has to give him a copy as well as the inventory when it is completed. The only real stick you have in order to...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Am I able to turn down "Amenity Fees" added on to apartment rent fees?

The apartment I'm in charges a standard rent fee, but also charges a separate "amenity fee" of $170 for valet trash service, direct tv and internet. I don't use the valet service or direct tv and never wanted it. I can get my own internet service. I was told this fee was... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 8, 2022

Your relationship is defined by the rental agreement. If this specific amenity fee is on the rental agreement, or if the total fees you pay is stated in the agreement, then you have agreed to that amount for the time period of the agreement.

2 Answers | Asked in Criminal Law for Utah on
Q: Ok I just got a reply from a question that my neighbors were telling the cops I was a crackhead

Two yrs clean now they dropped a bag of crack in front of house they live downstairs and gave it to the cops saying it was mine what do I do?

Aric M. Cramer
Aric M. Cramer
answered on Feb 7, 2022

If you have been charged with a crime, contact an attorney immediately. Your theory is wobbly. No matter what, I would think moving somewhere else may help as well.

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2 Answers | Asked in Criminal Law for Utah on
Q: My neighbors have been talking to the police about supposedly I’m doing crack

I’m clean over two yrs what can I do

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

Don't talk to the neighbors. If the police come around, don't speak to them without an attorney present.

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1 Answer | Asked in Family Law for Utah on
Q: My ex and I have joint custody of our son. Can I send my son out of state for a weekend without my ex's permission?
Mike Branum
Mike Branum
answered on Feb 4, 2022

I would not advise it. I almost always include language in my parenting plans which require both parties to provide an itinerary and contact information whenever a child travels out of state overnight.

Additionally, it is difficult to overcommunicate where children are concerned. Try...
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3 Answers | Asked in Estate Planning and Family Law for Utah on
Q: How do I get a court order and the letters of guardianship on my child?

My ex wife passed away and our 10 year old daughter is the beneficiary on her life insurance policy. In order to get a lump sum payment, State Farm Insurance is requiring me to provide a Certified Copy of the Court Order and Letters of Guardianship of the minor’s estate. I shared custody of my... View More

Mike Branum
Mike Branum
answered on Feb 3, 2022

I believe what you actually need is a conservatorship. You are already the child's guardian by virtue of your status as surviving parent.

Be forewarned: as conservator, you will be responsible to the Court for every cent in your daughter's account. You may only spend funds from...
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1 Answer | Asked in Traffic Tickets for Utah on
Q: Can I get a reckless driving ticket if the police didn't witness the violation, it was called in by one person ?

I was driving a semi, The police followed me a few blocks and they said I was driving fine but still have me a citation and it's now going to trial cause the prosecutor won't budge!!

William Melton
William Melton
answered on Feb 2, 2022

Yes, you can. The police can cite you, but the individual who claimed to observe the driving would need to show up and testify at the trial to convict you. It sounds like you have a commercial driver license. There are federal laws that only apply to CDL holders and you should contact an attorney... View More

1 Answer | Asked in Criminal Law and Civil Rights for Utah on
Q: I thought I would have a trial after pleading not guilty but instead I'm facing disposition in court today. Why.
Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

It sounds like whoever set the disposition hearing was under the impression you were ready to change your plea. If you have been arraigned (which is to say you have formally entered a not-guilty plea), that would be the only reason to set it for disposition. Don't worry, though. Unless you go... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Utah on
Q: CAN I USE ANOTHER STATE'S SUPREME COURT RULING IN MY STATE?

“But the interpretive rule of legislative acquiescence bars us from disregarding that body’s failure to amend the drug possession statute for the last 40 years.” - IN THE SUPREME COURT OF THE STATE OF WASHINGTON "...statute was unconstitutional, violating due process clause protections... View More

Lance E. Bastian
Lance E. Bastian
answered on Jan 31, 2022

The short answer is "yes." Prior precedent within the state is referred to as binding or controlling, as lower courts are required to follow it and appellate courts (simply put) would have to overrule it to depart from it. Authority from other jurisdictions is considered... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Utah on
Q: I was pulled over for speeding in Utah. I am being charged with possession of marijuana and possession of paraphernalia.

I was pulled over going 90mph in a 70 zone. He smelled weed and told me he was going to search the car. I cooperated and set in his car while he & another officer searched. I had about an eighth of weed and a bong on my front passenger floor. I know I can be charged up to $1000 for each offense... View More

William Melton
William Melton
answered on Jan 30, 2022

Yes, you need a lawyer. A lawyer can review the case and first make sure that you don't have a defense. Then they can help you get the best possible outcome. You can actually be charged $1,000 plus a 90% surcharge on all class B misdemeanors. It is unlikely that they will do that, but... View More

2 Answers | Asked in Criminal Law and Civil Rights for Utah on
Q: Can cops write multiple warrents at my house at diff times in same day.

I was recently raided with a search for fire arms and electronic devices. While they were searching some of the officers seen allegedly other stolen items. The officers then got another warrent after searching house. Is that legal?

Aric M. Cramer
Aric M. Cramer
answered on Jan 30, 2022

Of course you can get charged. Proving it is another question. You need an attorney right now. You can't defend this on your own.

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1 Answer | Asked in Business Formation, Business Law and Tax Law for Utah on
Q: I want to register an anonymous business in Wy, then in Ut where I live. When I register in Ut, will I lose anonymity?

I have an e-learning business. I want it to remain as anonymous as possible. So I plan on registering in Wy. I do all the work out of Ut, which means I probably need to register here as well.

1. Do I need to register in both states if I do all the work in Utah, or can I just register in... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Jan 25, 2022

It is not necessary to register in two states. In Utah, you can register a new business without revealing the names of the owners. To do this, you will need help from a third party like an attorney or registered agent services.

The newly created company will need an address, contact info,...
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1 Answer | Asked in Family Law for Utah on
Q: If my wife up and leaves with our child .What can I do .there is no custody agreement
Mike Branum
Mike Branum
answered on Jan 25, 2022

In order to establish a child custody, parent time, and child support, you need to file for separation or divorce and request temporary orders. You should act sooner rather than later, the longer you hesitate, the weaker your case will be. You truly need the assistance of a competent family law... View More

3 Answers | Asked in Bankruptcy and Estate Planning for Utah on
Q: Is prior "Small Business Administration" debt inherited after marriage?

My partner has a SBA loan from 2019. Will it become my debt after we get married?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 24, 2022

On those simple facts, no. You marry the partner, not his/her premarital debts. You would only become liable for the debt if you consented, e.g., by assuming the obligation with a writing signed by you for some new consideration.

But, if, for instance, you somehow participated in your...
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1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: Does the state of Utah prohibit the use of air guns for self defense?

Example: byrna launcher

Mike Branum
Mike Branum
answered on Jan 20, 2022

If an item is legal for you to have in your possession and you feel that you are in imminent danger of death or serious bodily injury then you may use that item to defend yourself. If you cannot legally possess a handgun, you should not be in possession of an "air gun" either.

If...
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1 Answer | Asked in Copyright and Trademark for Utah on
Q: I want to make some NFT art. Is there a way i can use comic characters, people's likenesses or mythical gods legally?

My art wouldnt be a copy and paste situation. For example, Its more or less a 3d sock puppet that looks like superman.

Steve Charles Vondran
PREMIUM
Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2022

Generally speaking, you need to be careful when tying to use copyrighted pictures, images, characters, or real living third party persons in your NFT's. I know this is a new area of technology, but traditional principles of copyright law still exist. Unless you are making a COLLAGE, for... View More

1 Answer | Asked in Family Law for Utah on
Q: Can I, (a legal resident who were locked out of my fiancés house,) hire a locksmith to open my door?

My fiance and I were in a fight and he changed the locks to the house. I am legally allowed access but can not enter due to the new locks.

Mike Branum
Mike Branum
answered on Jan 19, 2022

Probably. If you have been residing there he must follow eviction procedures to have you removed; he cannot just change the locks. If you have that address listed as your residence on your government-issued ID, the locksmith will likely open the door for you (less likely if you mention that your... View More

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