Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Utah Questions & Answers
2 Answers | Asked in Contracts, Copyright and Intellectual Property for Utah on
Q: y boyfriend builds decks and in past did for a company that has published photo’s of his work on a national decking web

Not recognizing him as they builder in any article or on discription of the deck .can he sue for not having him recognized as the actual builder ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

Your boyfriend's ability to pursue legal action for recognition as the builder in published photos of his work would depend on the terms of any contract he had with the company and on copyright laws related to authorship and works made for hire. If there was an agreement that credits him as... View More

View More Answers

1 Answer | Asked in Business Law, Divorce and Family Law for Utah on
Q: If my wife helped me with my business and we get divorced am I obligated to keep paying her if she no longer helps?

The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Nov 6, 2023

Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More

1 Answer | Asked in Mergers & Acquisitions for Utah on
Q: No predatory pricing case law
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

Predatory pricing refers to the practice of setting prices so low that competitors are unable to compete, ultimately allowing the company engaging in this practice to establish a dominant market position and raise prices later. While predatory pricing is generally considered anti-competitive and... View More

1 Answer | Asked in Employment Law and Constitutional Law for Utah on
Q: I am a subcontracted employee that delivers mail to separate post offices. Can I conceal carry while at work? (Utah)

There are signs that say bringing a firearm into the building is illegal, unless on "official business". If I am "performing the authorized duties and responsibilities of an employee’s position", is that not "official business"?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Under Utah law, an individual with a valid concealed carry permit may generally carry a concealed firearm. However, specific properties, including certain governmental facilities, can prohibit firearms on their premises. The language about "official business" could be interpreted in... View More

1 Answer | Asked in Landlord - Tenant and Business Law for Utah on
Q: Am I able to create an LLC to rent out a property I own (under own name) through a separate Property Management Company?

I created an LLC to accept payments from and to pay Property Management company on a property that is under my name not my LLC. I am just looking for general advice as to what the best practices are? Should I change the title/deed to the LLC or is it possible to rent my property using a Property... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 13, 2023

You can hold the property in your own name or in the name of the LLC. When renting out property, it is often a good idea to place the property in your LLC and then do business with the tenants as an LLC. This includes having all payments go directly to an LLC account created with its own tax ID... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I served a tenant with a 3 day vacate order, for a non criminal offense. Are they entitled to their October rent return

It is not identified in my lease

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2023

In Utah, there is no law that specifically requires landlords to return rent to tenants who are evicted for non-criminal offenses. However, the terms of the lease may require the landlord to return rent. If the lease does not address the issue of returning rent after an eviction, the landlord is... View More

1 Answer | Asked in Contracts, Employment Law and Civil Litigation for Utah on
Q: When signing a contract for a specific amount of hours per day can an employer cut those hours without consent?

I started working for a program that advertised and was written in my onboarding documents as paying 16 hours per day. They have since asked for the same level of comitment and hourly work but only will allow me to report 13 hours without getting approval beforehand for overtime. I never signed any... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Oct 6, 2023

Hello,

Utah is an at-will employment state. Meaning that either one of you can terminate the employer/employee relationship at any time for any reason.

From your description, I am not sure if you are a 1099 employee or an actual employee. Unless you are on salary I don't see...
View More

1 Answer | Asked in Traffic Tickets for Utah on
Q: I got caught speeding going down a hill in an out of city road 43 over. But I’m 17 what will happen to me?

It was a 45 and he said he wasn’t gonna getting me for reckless driving, just speeding but I have to appear to court it seems

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

In Utah, speeding 31 mph or more over the speed limit is considered a Class B misdemeanor, which is more serious than a typical speeding ticket. Since you're a minor, the penalties might differ from those for adults and could involve not just fines but also impact on your driving privileges.... View More

Q: What type of lawyer do I need to fight against a company I was fired from for an allergic reaction to their chems?

Dirty Dough has open case in "cookie wars" case, and I have been working with OSHA, eeoc and labor commissions on this and was encouraged to obtain counsel ASAP.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

For a case involving wrongful termination due to an allergic reaction to workplace chemicals, you would typically seek an employment lawyer with experience in wrongful termination and workplace discrimination cases.

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...
View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2023

To determine if you can apply for the trademark associated with serial number 88412652, you'll need to check its current status in the United States Patent and Trademark Office (USPTO) database. If the trademark is listed as abandoned or expired and there are no other conflicting marks, you... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
Felicia Altman
Felicia Altman
answered on Sep 20, 2023

When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.

View More Answers

1 Answer | Asked in Animal / Dog Law for Utah on
Q: What can I do when someone took my dog when kicked me out, then claiming his hers and that she takes care of him

Technically the dog isn’t registered to either of us, but to a third party I don’t want to get involved.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2023

If someone has taken your dog without your consent and is claiming ownership, you should initially attempt to resolve the situation through communication. Share your side of the story and your attachment to the dog. Gathering evidence such as photographs, veterinary records, or any documentation of... View More

2 Answers | Asked in Family Law for Utah on
Q: Can my parents control my usage of devices that I have purchased if I am 18 living at home?

To clarify, the devices are purchased with money I have earned at a job, not gifted money etc.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2023

In Utah, as in many other states, once you reach the age of 18, you are considered an adult and have certain legal rights, including the ability to make decisions regarding your personal property. If you have purchased devices with your own money and are 18 years old or older, your parents... View More

View More Answers

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...
View More

1 Answer | Asked in Small Claims for Utah on
Q: Can I file a small claims case for a car loan I took out for someone else?

I got a loan for my son and the dealership was supposed to put the title in both our names but they only put it in his name now he is not making the payments. So I have the loan and he has the truck.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023

Certainly, in Utah, if you have taken out a car loan on behalf of someone else, and they are not making the agreed-upon payments, you have the option to file a small claims case. It's essential to first attempt to communicate and resolve the issue informally. Reviewing the loan agreement, if... View More

1 Answer | Asked in Car Accidents and Personal Injury for Utah on
Q: I was recently in an car accident and would like a professional opinion on who may be liable for damages.

It was raining heavily and I was heading home for the day. I was about to turn right onto a road to leave my works parking lot. I looked both ways and saw no incoming cars. However due to the rain and tall plants blocking my view of the sidewalk and I didn't see a man on a bike coming towards... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2023

A Utah attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney on state-specific rules, there are elements on both sides that could be argued - bicycle on sidewalk, vehicle leaving parking lot duty to yield, and other possible... View More

1 Answer | Asked in Car Accidents and DUI / DWI for Utah on
Q: cited for DUI in Utah and was in a car accident. They claim personal injury months later. Will the charge be enhanced?

Is this separate from the criminal case and will my car insurance pay for it?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2023

In Utah, a DUI charge and a car accident involving personal injury are typically treated as separate legal matters. The DUI charge primarily focuses on factors like blood alcohol content (BAC) and impairment, and the presence of an accident alone may not necessarily enhance the DUI charge itself.... View More

3 Answers | Asked in Probate for Utah on
Q: Does a person appointed as “attorney-in-fact” have any authority after the one who appointed them dies?

When our mother died, one brother had been appointed “personal representative”, and at the same time I was appointed “attorney-in-fact”. Does the the attorney-in-fact have any authority or say so in the handling of the estate or is it solely up to the personal representative to see that the... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 1, 2023

Great question. A Power of Attorney names someone as your Attorney-in-fact. This always ends at death or before. The Power of Attorney is never used after death.

Please note that the Personal Representative of the Estate technically needs to be approved by a judge in Probate Court to have...
View More

View More Answers

3 Answers | Asked in Probate for Utah on
Q: Does a person appointed as “attorney-in-fact” have any authority after the one who appointed them dies?

When our mother died, one brother had been appointed “personal representative”, and at the same time I was appointed “attorney-in-fact”. Does the the attorney-in-fact have any authority or say so in the handling of the estate or is it solely up to the personal representative to see that the... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Sep 1, 2023

You are right in your understanding that any power of attorney that has been given by the principal (the person who is giving the authority to an agent) expires upon their death. The reasoning for this, is that you cannot be an agent for a dead person. There is no way to see whether the agent is... View More

View More Answers

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.