Utah Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
Utah Questions & Answers
1 Answer | Asked in Personal Injury for Utah on
Q: Can you sue a residential treatment center from when you where a minor (8) years ago for physical abuse and negligence ?

Myself and a few other girls from my treatment center where abused as minors and we have permanent nerve damage as well as other injuries we still have today. I was young when I left and didn’t realize it was child abuse until I was older

Tim Akpinar
Tim Akpinar answered on Jan 16, 2022

A Utah attorney could advise best, but your question remains open for two weeks. I'm very sorry this happened to you and the other girls at the facility. You could reach out to law firms to discuss in detail and confidence. The fact that this happened to more than one of you could possibly... Read more »

1 Answer | Asked in Family Law for Utah on
Q: Two sister missionaries came to my door pretending to be child protective services, is this illegal?

I don't know why they did it... I just went along with it so they would leave, but it's left me feeling weird about everything ... What can I do?

Mike Branum
Mike Branum answered on Jan 15, 2022

There are a few scenarios where it might be illegal. If they represented they were some type of law enforcement officer, that would be illegal. If they only said they were with DCFS, that would not qualify. If they told you they were with DCFS to gain access to your home to commit some other crime... Read more »

2 Answers | Asked in Bankruptcy for Utah on
Q: I am transgender and legally changed my name and gender. Do I answer a court summons to my old name?
Stuart Nachbar
Stuart Nachbar answered on Jan 14, 2022

This is not a bankruptcy question. This is a State Court matter, unless Federal Court, and you need to speak to someone in your State. This is because they (Plaintiff) may need to do an Alias Summons.

View More Answers

1 Answer | Asked in Family Law and Sexual Harassment for Utah on
Q: A neighbor accused our 12 year old of getting nakid with her either holding her against the wall or laying on top of

her cps was called by the school and we are meeting with a detective tomorrow. Does he need legal counsel?

Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

Absolutely. These are very serious allegations that may have serious consequences (expulsion from school, protective orders, etc.)

I highly suggest speaking with an attorney who specializes in juvenile law.

1 Answer | Asked in Family Law for Utah on
Q: Does an unmarried mother in Utah have sole physical custody? Paternity is established.
Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

Very simply, no. Parents are equal under the law, regardless of gender.

However, many other factors must be considered, for example, the court would look at the custody factors found in UCA 30-3-10 to determine a parent-time arrangement as well as physical and legal custody.

I...
Read more »

1 Answer | Asked in Child Custody and Family Law for Utah on
Q: How do you get a custody order reversed that was falsified? What can you do when they intercepted mail and had no idea?

My fathers ex girlfriend while living with him went to the courts and filed for custody of my sister claiming she didn’t know where he was. And would get all the mail and summons to appear and hid it from my dad so they granted her full custody. Jump forward a year and she assaults my dad again... Read more »

Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

This is a tricky situation. There are ways to undue orders, especially those that were obtained under false pretenses. Please see Utah R. Civ. P. 60.

This seems to be a complicated issue. I would advise you to talk with a lawyer who is familiar with domestic issues like this.

2 Answers | Asked in DUI / DWI for Utah on
Q: I live in utah. I was pulled over for a dui, but was never told my rights as in the Miranda Law. Do the don't know t
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jan 7, 2022

I don't understand your question. Miranda only applies to questioning after an arrest. Call a DUI defends specialist in the area where you were charged for a consultation.

View More Answers

1 Answer | Asked in Probate for Utah on
Q: My dad passed away in 2005 and he left when I was born so I had never met him no clue if there was a will or not and I

Noticed that in his obituary it had listed 3 children which are three sisters I never knew about and not me not sure what to do.

Wesley Winsor
Wesley Winsor answered on Jan 3, 2022

Hello,

I am not sure about your question. What is it that you want to do? If you have an interest in trying to collect from your Dad' s estate, you would first need to see if a probate action was filed. I would look in the district where your Dad last resided. It would be an uphill...
Read more »

1 Answer | Asked in Trademark for Utah on
Q: I have some questions that I have about an LLC that I started that might already be trademarked in a different state

If the LLC is already trademarked does that mean I cant start my LLC? The company that has that name looks like they've been inactive for sometime, or could I patent the name? Or does it not matter since its in a different state?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2021

You need to consult with an attorney.

The use of a name in a company name may or may not be indicative of a brand use.

And you would need to do a trademark search and analysis to find out your options.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Does "written notice" to a landlord need to be signed and dated? Are emails and texts considered 'written notification"?

My wife and I are elderly and bought a house with a mother in law apartment 3 years ago (only our names are on the title and mortgage) but share expenses--mortgage, utilities, repairs and upgrades with our son and his family. He recently has tried to install a hot tub without our permission. When... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Dec 27, 2021

Normally your signed agreement between the parties will answer these questions. I highly recommend, whether you have an agreement or not, to sit down for a few minutes with an attorney to discuss your options. Most attorneys will do this first appointment for free to see whether they will be able... Read more »

2 Answers | Asked in Probate for Utah on
Q: My husband's brother died no will. But a forgery has appeared in the hands of his business partner. He had no children.

His wife has been dead a while. You can see the document is fake. There are 8 siblings alive, one is his wife's sister. There's a 10-acre parcel that half belongs to the deceased wife. Do we give her half to her sister? We already know the greedy Will forger won't prevail. Just want... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Dec 20, 2021

When you have property left in the name of someone who has died, the only way to transfer that property is to do either a probate or get an Order Determining Heirs. If you have a Will, you normally do a probate. If you have no will, or if it has been over 3 years since death, you will need an Order... Read more »

View More Answers

1 Answer | Asked in Family Law for Utah on
Q: Other parent got Custody and is asking for my copies of the sos and birth certificate do I have to give them.. in Utah.

Other parent got Custody and is asking for my copies of the sos and birth certificate do I have to give them in Utah not nv

Mike Branum
Mike Branum answered on Dec 17, 2021

You should provide copies but I see no reason you should have to surrender your originals. If your ex needs originals, they can request duplicates. The documents themselves belong to you but you should assist your ex where possible. Denying access to copies of the documents is not going to win you... Read more »

2 Answers | Asked in Criminal Law for Utah on
Q: If I let a friend borrow my computer and then later found out that he pawned it and then lost it can I get it back
William Melton
William Melton answered on Dec 13, 2021

You will need to file a police report and report it stolen in order to get it back. Your friend will be charged with a crime (likely multiple). If you don't want them to get charged I would suggested going to the pawnshop and purchasing it back yourself.

View More Answers

1 Answer | Asked in Family Law for Utah on
Q: For Christmas break this year being odd number the noncustodial parent gets the children the 12/17/21 -12/25/21?

I am a little confused about the Christmas break being a odd number this year. Do I get my kids 12/17/2021 to the 12/25/2021 or 12/26/2021. Because has I read I get them Christmas Eve / day but to my understanding I will only get them half the day Christmas ?

Mike Branum
Mike Branum answered on Dec 6, 2021

I am guessing you are referring to the custody schedule as referenced in UCA 30-3-35. If so, my understanding of the Code is that the day does not change, just the time of day custody is exchanged. In years with an odd number of days, the exchange occurs at 1 pm. In years with an even number of... Read more »

1 Answer | Asked in Contracts for Utah on
Q: I moved from Utah to Oregon. Had a moving company pack my Uhaul. They didn’t meet outlines of contract & damaged my thin

The contract stated they would bring pads, dolly, etc. they didn’t. Nor did they tell me so I could at least get a dolly from Uhaul. It slowed the packing of the truck one Alt since I lived on the third floor of an apartment and they had to carry boxes down one at a time. Then in packing the... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Dec 1, 2021

Small claims court is definitely designed for issues like this. Like Solomon in the Bible, they have a tendency to "split the baby", so if you wonder what your outcome may be, add up your damages and costs that can be proven with good evidence, and then cut the total owed to you in half.... Read more »

1 Answer | Asked in Criminal Law for Utah on
Q: What are the legal consequences of holding a toy gun to someone's head, execution style, and threatening death?
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 26, 2021

Have you been charged with a crime? If so, please state the charges and where they were filed.

2 Answers | Asked in Criminal Law for Utah on
Q: How would I go about finding more information about a newly issued warrant unbeknownst to my knowledge?

There is a case number and everything. What tools can I pursue in order to get more information about this?

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

Pesue an attorney to help you resolve it.

View More Answers

1 Answer | Asked in Domestic Violence for Utah on
Q: Rights under restraining order

If a person has a restraining order against them and needs to recover personal property from the area such as a motorcycle. What legal recorce do they have to recover the property?

William Melton
William Melton answered on Nov 23, 2021

You should contact the local police department and ask them to assist you in recovering property. Many times they can help facilitate that without having to go to court. If not, then you will need to request a hearing with the court that issued the protective order and ask for it to be amended to... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Foreclosure for Utah on
Q: Getting back money from soon to be ex husband he took her checks and put it in a bank account without her name on it

She works a full time job and he took 30000 that she was paid from her job and a settlement and put it in an account with only his name on it, and she is only asking for half but he is telling her he is keeping it all. He won't give her a penny of it. He also cheated for 13 years.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 22, 2021

Contact a family law attorney for help.

2 Answers | Asked in Estate Planning, Banking, Collections and Elder Law for Utah on
Q: Is the surviving spouse responsible for the debts of the deceased spouse
Wesley Winsor
Wesley Winsor answered on Nov 22, 2021

Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The... Read 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.