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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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1 Answer | Asked in Employment Discrimination and Immigration Law for Utah on
Q: I got a new employer pn H1b but my current employer is not providing me paystubs so how to proceed with new employer?

I got my H1B approved by a consultancy this year and once my h1b approved, I started looking for C2C projects. My employer has not helped me to put into a job at all. I found out a new employer for myself and now they are asking for paystubs for visa transfer. I asked my employer for pay stubs and... View More

James L. Arrasmith
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answered on Nov 9, 2023

If your current employer is not providing pay stubs, which are typically required for an H1B visa transfer, you should first document your requests for these pay stubs. If the employer continues to withhold them, you may consider filing a complaint with the state labor department or the U.S.... View More

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
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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

2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Utah on
Q: Can you sue a company for posting pictures of something you constructed (built) with out recognizing you as the builder?
T. Augustus Claus
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answered on Oct 24, 2023

In Utah, you can potentially sue a company for using pictures of something you built without crediting you, but the outcome depends on various factors. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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1 Answer | Asked in Mergers & Acquisitions for Utah on
Q: No predatory pricing case law
T. Augustus Claus
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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
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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
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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
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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...
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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
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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
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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.

1 Answer | Asked in Business Law for Utah on
Q: I was fired for being in a racial group im not. Do i have a case
Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Utah attorney could advise best, but your question remains open for a week. Not all questions are picked up here, but you could try add the categories "Civil Rights" and "Employment Law." That could give better chances of a response. Good luck

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 Uncategorized for Utah on
Q: Are you familiar with "Revocation of Election"? Is it a real IRS declaration?
Tim Akpinar
Tim Akpinar
answered on Sep 23, 2023

This is something that a tax law attorney should answer. There is a section here, "Tax Law." Not all questions are ultimately answered, but you could try adding "Tax Law" to your headings. You posted three weeks ago and it's possible your question was overlooked in the general category. Good luck

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.

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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
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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
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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

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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 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
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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 Arbitration / Mediation Law for Utah on
Q: Contract specifies binding arbitration. The other party seeks to mediate. Would we loose rights in binding mediation.

We have a contract that has been breeched by the other party. We are considering doing binding mediation instead of arbitration because it seems to be less expensive and faster. The other party offered to do a mediation, but maybe not a binding mediation. If we did a binding mediation would we... 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. But it would be difficult for ANY attorney to answer your question without knowing more details about the matter, the strength of each party's position, viable defenses, and the rules of the proceeding. Good luck

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