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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 Arbitration / Mediation Law, Probate and Estate Planning for Utah on
Q: How do I get a tax id number on my family trust I'm trying to collect on a annuity and don't have the actual trust
Kenneth Prigmore
Kenneth Prigmore answered on Aug 23, 2021

Your best answer depends on a few things that an attorney would need to discuss with you. If you don't have a copy of the Trust, you need help proving your authority as the Trustee. If you are the creator of the Trust, you can always sign an updated version of the Trust. If you are an heir and... Read more »

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1 Answer | Asked in Personal Injury, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Utah on
Q: My friend had a tragic thing happen at a an assisted living center. Need advice.

My friends mother was staying at an assisted living center until this past February when she tragically passed away due to lack of oxygen from choking on some food she was eating for lunch. They did not check on her for 40-45 mins after lunch when they located her on the ground in her room. This... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 22, 2021

A Utah attorney could advise best, but your post remains open for three weeks. I'm very sorry for you and your friend's loss. You ask for someone to please advise. Your friend's best option would be to consider reaching out to attorneys to discuss in greater detail. Law firms that... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Utah on
Q: My ex wife accessed my Facebook account tonight without permission. Will cops do anything?

Will this affect our custody agreement at all? Is she likely to be changed with anything?

Mike Branum
Mike Branum answered on Aug 17, 2021

Law enforcement is highly unlikely to be interested in taking your case to the prosecutor and, even if they did, the prosecutor is even less likely to be willing to press charges.

There is even less likelihood that the Court responsible for your family law matter would consider this grounds...
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.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Aug 13, 2021

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

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1 Answer | Asked in Estate Planning, Tax Law and Probate for Utah on
Q: What kind of tax is applicable (estate or income) on the dividend distributions made to decedent after his death?

Decedent received dividend distributions after his death. Does Estate have to pay estate tax or income tax?

Wesley Winsor
Wesley Winsor answered on Aug 13, 2021

Hi, dividend income would be considered income tax. The estate tax has to deal with the total amount of value passing from the decedent to others. So, it can be counted as both--income when received by the estate and an amount chipping away at the estate tax exemption credit. Most people are not... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Probate for Utah on
Q: Is cash in the savings account of the non resident alien decedent taxable by the federal estate tax?

IRS states as follows in their website

The property includible in the U.S.-situated gross estate for a nonresident not a citizen includes only assets “situated” in the United States, such as:

1. U.S. real estate,

2. All tangible property located in the United States,... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 13, 2021

Cash is considered tangible personal property. In your case, money held in the bank would either be deemed "cash" or "intangible" property.

I hope this helps.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Does a landlord have a responsibility to attempt to find a new tenant if we break our lease early?

We are breaking our lease early due to personal reasons, nothing outlined in the contract. There is over a year left on the lease. The landlord said that he is willing to let us sell our lease or terminate the lease once a new tenant is found. Unfortunately, it seems there have been no reasonable... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 11, 2021

The landlord has a claim against you based on the lease period, however, if you quit the lease, the Landlord has a responsibility to advertise and actively seek a new tenant. The landlord can charge you for the advertising expense, but he can't just sit on the empty property for a year and... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I rent a condominium through a Prop Mngmt Co. Garage door had to be replaced and it took 2 months. I had to pay to park

Two months ago my garage door broke. It took 2 months to get it replaced. I had to park in the parking lot as the garage was inaccessible for those 2 months. The Homeowners Association charged me $50.00 month to park outside of the garage. I asked for reimbursement from the Property Rental... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 10, 2021

The final answer may be answered in your lease. If it isn't covered there, you could go to small claims court and sue. Small claims does not require an attorney, and it costs less to file.

1 Answer | Asked in Criminal Law for Utah on
Q: Why would a bail/bond hearing be scheduled after someone was released from jail?

My husband was arrested for assault and DV in the presence of a child and posted bail the next day. He violated the no contact order by coming back into the house right after being released. He now has a bail/bond hearing, but I thought that was so a judge could determine bail.

Lance E. Bastian
Lance E. Bastian answered on Aug 9, 2021

You're correct in that a bail/bond hearing is generally to determine bail, which includes setting, lowering, raising, and revoking it. The issue here is that your husband violated the terms of his release, so the hearing is more than likely based on a motion by the prosecution to determine... Read more »

1 Answer | Asked in Traffic Tickets for Utah on
Q: How long after receiving a traffic ticket does an officer have to report it ?
William Melton
William Melton answered on Aug 2, 2021

They don't have a specific time that they must report it. If they fail to do so within a certain period it could result in an issue with the statute of limitations. If the ticket was just a regular infraction they have one year to bring charges (submit the ticket, or have the prosecutor file... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Is it legal for the apartment complex I just move into to give me a bedroom door as my front door?

My front door is a flimsy bedroom door, it doesn’t close properly, the deadbolt doesn’t lock, the door gets stuck and I can’t get out of the door without a huge struggle, I’ve complained 3 times and I was only told that they would come and paint the door and replace the locks if I bought... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 2, 2021

There are normal minimums that come with making an agreement with someone. In the case of an apartment, safety and security are high on the list. If you feel the landlord isn't providing you with a secure situation, you can just leave, and then sue for any money you gave them. When addressing... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: What is the statute of limitations for providing shelter to a runaway
Lance E. Bastian
Lance E. Bastian answered on Jul 28, 2021

The Utah statute of limitations for a class B misdemeanor (which is what providing shelter to a runaway is) is generally two years. I say generally because the running of the limitations period can be tolled (or paused) if and during which the accused leaves the state. It is also important to note... Read more »

1 Answer | Asked in Family Law and Child Custody for Utah on
Q: My son is 15 years old and i have a few questions i need some help with

My son is 15, my ex and i split up when he was 7 and he was spending time between the 2 of us, then one day he tells me if i want to see him again, to take him to court. I never did because my family advised against it, so i haven't seen him in years. Now, he got arrested in Utah and my ex... Read more »

Mike Branum
Mike Branum answered on Jul 27, 2021

So many questions. Were you married? Is the ex on the birth certificate? Was there EVER a custody order entered by any court? How long ago was "one day"? Have you remained in communication with your 15 year old? Does he WANT to live with grandma or with you in Utah? Does grandma have a... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: I have proof of my ex wife threatening to beat up and/or kill my significant other and find my kids. What should I do?

What should I do with that information?

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jul 26, 2021

Call the police.

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1 Answer | Asked in Traffic Tickets and Car Accidents for Utah on
Q: I was turning and was hit. Think the lady was speeding through light is it possible to get traffic cam footage

I then found out that my I insurance had lapsed. I had no clue my husband first all that. I had insurance the next day. I believe that both parties involved are at fault . I shouldn’t have assumed she was going to be going as fast as she was. It’s kinda a blur but I remember the light was... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 26, 2021

A Utah attorney could advise best, but your question remains open for a week. I'm sorry about your accident. I hope everyone is okay here. You put a number of issues on the table. In terms of fault, a Utah attorney familiar with the state's vehicle and traffic law AND the signage/traffic... Read more »

1 Answer | Asked in Family Law for Utah on
Q: Hello my oldest daughter is 12 years of age i also have a 10 year old daughter and a 5 year old son. Question is, it

Legal for my 12 year old to be home alone with the other 2 from 3 pm to 3to5 am

Mike Branum
Mike Branum answered on Jul 16, 2021

Utah Code Annotated 34-23-205 lists "baby-sitting" as a permitted occupation for minors 12 years of age or older, so the short answer to "is it legal" would be yes. The reasonableness of leaving minor children in the care of another minor is subjective and would be reviewed by... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: After moving out of our apartment, can the landlord charge us for paint and carpet cleaning for normal wear and tear?
Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 14, 2021

You need to read your lease. Sometimes landlords list a set of charges/fees upon move out----kinda sneaky but I think they picked this up like the short term condos and rentals have a cleaning charge upon departure. If there is nothing listed, then you should return the property in the same... Read more »

2 Answers | Asked in Native American Law, Family Law and Adoption for Utah on
Q: My son wants his stepfather to adopt him, but my son and I are Native American. Can we still file for ourselves in Utah?

My son and I are both members of a federally recognized tribe. We do not live on the reservation. I assume ICWA will apply, but as neither biological father or step father are Native American, I am sure my tribe would consent. Bio father has not contacted my son or paid child support in over 5... Read more »

Jason F. Barnes
Jason F. Barnes answered on Jul 8, 2021

Hello. ICWA is applicable and very complicated when it comes to adoption cases, and the forms on the court's website are for basic adoptions. Honestly, I am surprised that the court's website has adoption forms at all, as there are many varieties of adoption cases and overall they are... Read more »

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