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Utah Questions & Answers
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...
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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.... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: I was got a speeding ticket in utah driving at 27mph over speed limit on a 65mph road. Can i get it dismissed?

The cops says he caught me on radar going 31mph over the limit. I was pretty sure I was going around 90 which is 25mph over the limit. There were no cars on the road & it was downhill.

William Melton
William Melton
answered on Jul 15, 2022

It is unlikely that your ticket will get dismissed. There is a huge push right now, especially by highway patrol, to catch and ticket high speed violators. Most troopers aren't cutting any sort of breaks. There are some ways to fight traffic tickets, but a lot of the time we are able to... 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 Family Law and Adoption for Utah on
Q: My husband would like to adopt our daughter. Bio has no contact for 3+ yrs and is not on birth certificate. Do I have to

Do I have to contact him in order to go through with the adoption?

Jason F. Barnes
Jason F. Barnes
answered on Jul 8, 2022

Although your question may seem to be an easy one, there are many other questions that need to be asked in order to assess whether or not notice is necessary. If you would like to give us a call, we can certainly talk about the specific details of the case and answer your question. If you are not... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Charge is Possession of a credit card. It was found in my bosses vehicle and I was charged

I was taking a nap in the vehicle when a cop showed up . Keep in mind we’re at my work property, the cop knocks on the rear passenger window and says we got a call on a dog in the back of a vehicle.

William Melton
William Melton
answered on Jul 7, 2022

There isn't enough information here. What is your question? You should contact an attorney directly for assistance. If you have been charged with a crime and cannot afford an attorney the court will appoint one for you.

1 Answer | Asked in Traffic Tickets for Utah on
Q: If a cop is from another city and pulled you over, but did not get approval from the city where the stop happened

is it an automatic dismissal? 77-9-3 2a

William Melton
William Melton
answered on Jul 6, 2022

No, a cop has jurisdiction all over the state.

1 Answer | Asked in Car Accidents for Utah on
Q: Is it wise to allow an opposing ins. co. access to my prior medical files from date of a rear -end car accident?

I was rear-ended in Nov. '21. I had prior back issues, but have had increasing pain since the accident. The opposing ins. co. wants to access my medical files from 2018. Do I need to allow this in order to settle the claim?

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2022

A Utah attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, insurance carriers typically do make requests for records of previous accidents. This is particularly true where injuries might be similar to those from earlier accidents, or where there... Read more »

1 Answer | Asked in Employment Law for Utah on
Q: Is a work safety policy that prohibits workers from leaving the building to go home or to the restroom legal?

When lightning is reported within a certain number of miles, employees are prohibited from leaving the building until no strikes have been recorded for 30 minutes. They are told they cannot go home if this happens at the end of shift and are also prohibited from using restroom facilities which are... Read more »

Mike Branum
Mike Branum
answered on Jul 1, 2022

So many issues.

"Is it legal?" is a loaded question. There is nothing specifically illegal about having a policy in place. Employers can make a policy about nearly anything and employees may choose to follow the policy, seek other employment, or ignore the policy and risk...
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1 Answer | Asked in Divorce for Utah on
Q: Am I entitled to a portion of my wife's house even though it's in her and her mom's name

It was purchased while we were together but not married yet

Paul Waldron
Paul Waldron
answered on Jun 28, 2022

As always, it depends. What was the arrangement between your wife and her mother in the purchase of the home, did your wife use premarital money to make payments towards the home (taxes, maintenance, mortgage, etc.) during the marriage, or did you have a premarital or postmarital agreement... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: My boyfriend hes being charged with burglary on 3rd degree with unlawful intry he being charged on a fingerprint only

They have him in jail since April 17 on a fingerprint his appointed lawyer don't help him he just wants him to sighn a paper to send him to prison I dont think he should be in there only for a fingerprint they have no other evidence against him hes not on camera they have no Witnesses the... Read more »

Aric M. Cramer
PREMIUM
Aric M. Cramer
answered on Jun 27, 2022

You need to hire an attorney to represent him then.

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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 Criminal Law and Employment Discrimination for Utah on
Q: Is it illegal for a person to lie to police, in an attempt to have someone punished for crimes they didn’t commit?

It just seems like certain demographics of people are used to complaining and using the police to manipulate and get things they want. For example, someone accuses hotel staff for stealing there jewelry, in an attempt comp a free room or reimbursement. They then claim they saw a hotel maid wearing... Read more »

William Melton
William Melton
answered on Jun 20, 2022

The short answer is yes. Lying to the police is illegal and you can get charged with obstruction of justice. Lying to hotel staff is not lying to law enforcement (police).

1 Answer | Asked in Criminal Law and Car Accidents for Utah on
Q: I believed my neighbors where telling the truth regarding me hitting a mail box but I’m realizing they lied?

I was unloading a uhaul, I didn’t consider my blood sugar. I went to move the Uhaul in front off townhomes and out of the alley, my neighbors chased me, I freaked out, I saw one of them wave me down. Came to my senses and stoped to talk to him. They told me, didn’t I notice I hit a mail box, I... Read more »

Mike Branum
Mike Branum
answered on Jun 20, 2022

You have described an incident but you have not asked a question. It appears you have three paths moving forward: 1) pay the fine and take the conviction as is - simplest and quickest resolution which likely has the most significant impact on your insurance (you may want to contact your insurance... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Utah on
Q: In Utah, if a prohibited person on probation lives with you, does the host forfeit their 2nd and 4th amendment rights?

Are safe rooms or a locked Master bedroom where the prohibited person does not have access, legal to store prohibited items?

Mike Branum
Mike Branum
answered on Jun 17, 2022

No, the host does not forfeit their rights, but exercising those rights would likely send the prohibited person to prison. The prohibited person has lost the right to live with someone whose rights have not been limited without inconveniencing that person with having to live AS IF they had also... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

I’ve spoken with multiple attorneys and they said that, in the state of Utah, it doesn’t matter. If you know the laws, because the courts in Utah believe that if they required intent, then everyone would just lie and say they didn’t know the laws.

Utah gets a lot of tourism, and... Read more »

William Melton
William Melton
answered on Jun 14, 2022

It depends on the law, but the overwhelming majority of crimes have an intent requirement that must be proven. There are some crimes such as DUI that are considered strict liability crimes and the state does not have to prove intent. I don't know what attorneys you're talking to, but I... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: Let me ask that in a better way, do you have to have intent to to commit a crime?

Because I pulled over and talked to my neighbors, and I told them to get the information from truck and they knew where I lived and who I was. I even called the HOA and asked my neighbors if they were ok with me returning the truck and getting my car. And they said it was fine. But I’m told none... Read more »

Lance E. Bastian
Lance E. Bastian
answered on Jun 14, 2022

The answer to your question is that you have to have whatever mental state is required as an element of a particular crime. Some crimes must be committed intentionally or with intent, in which case yes, they would have to prove intent. Some crimes can be committed knowingly, recklessly, with... Read more »

1 Answer | Asked in Health Care Law for Utah on
Q: Does your insurance pay if you're referred from a Dr or is it special thing that insurance won't go through the Dr?

If you get referred to a dental surgeon for wisdom teeth because they are wrapped around nerves or veins, would insurance pay for it?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2022

A Utah attorney could advise best, but your question remains open for two weeks. Insurance practices are generally governed by state law. But in general nationwide, it can be a matter of demonstrating to the carrier the need for the referral based on "medical necessity." It sounds like... Read more »

1 Answer | Asked in Family Law for Utah on
Q: In Utah are you required to turn over financials in a grandparent visitation case?

I don't want opposing side to know I'm almost out of money to keep fighting for visitation.

Paul Waldron
Paul Waldron
answered on May 31, 2022

Short answers, based on the following, applicable rule, are sort of, maybe, and yes, unless you seek a discovery protective order (which will cost even more money and may not be granted).

This is from Rule 26.1, Utah Rules of Civil Procedure...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Ladder outside my bedroom window. Is this against a reasonable expectation of privacy?

My apartment complex is replacing the roof and in the meantime maintance has put their ladder that they climb up and down all day outside my bedroom window and the complex didn’t give any warning that they would have noisy work going on so it has been interfering with my ability to work (I work... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on May 17, 2022

You do have a reasonable expectation of privacy, but even more, you have a reasonable expectation of safety. Take time to think through the problem, any possible solutions (like a better place to put the ladder) and then write them down, sign and date it, save a clear photo or scan of the document,... Read more »

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