Utah Recent Legal Answers from Lawyers

If the Durable [Financial] Power of Attorney did not name a successor agent to your uncle, no one but your grandmother can handle her finances.  There is an exception:  if she is unable to manage her financial affairs or provide for her food, shelter and medical care, someone can apply to a court to place her under guardianship. If your grandmother has a Medical Power of Attorney, the agent she appointed in that document can speak.  If not, your state likely has rules on who can speak for her. Someone who is named as executor in a Will has no authority to act until a court appoints her.  A Will cannot be submitted to a court for probate (proving) until the person who made the Will is dead.  ... Read Answer

After 16 years, it is probably too late for your to do anything regardless of the facts.  If you had been named as a beneficiary of the life insurance policy, it would have passed to you (or in trust for you) on presentation of a death certificate.  You can check the county deed records to see what happened to the house.... Read Answer

What do your orders on custody and parent-time say? Those orders control. If you haven't addressed the issues in court, a lot depends on why the other parent is out-of-state, and the financial abilities of the parties. Section 30-3-37 covers this in general. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with divorce, custody and difficult cases. I know what these cases are like, having handled a number.... Read Answer

You fail to state which state the pending court action is in, or where the original divorce is. That could have bearing on any answer. Also, I'd need to review the decree and the pending case, if it is in Utah, to really be able to answer your questions. If it is all in Utah, then usually the parent cannot make that move, again depending on your actual orders. Depending on all the facts you have, and the orders, you might be able to file a petition to modify custody in the district court. Not having an attorney is a big mistake in a custody dispute. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests. You need to get with an aggressive family law attorney who has experience with divorce modification, custody changes and difficult cases. I know what these cases are like, having handled a number.   Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.   
Don't wait any longer, give a call and let's getting working to protect your children.
   
David R. Hartwig   

801-486-1715
drhlaw@ix.netcom.com... Read Answer

I am sorry to hear of your difficulties. Without reviewing the orders from the various courts I cannot really answer your questions or give you ideas about the success you seek. Depending on all the facts you have, and the orders, you might be able to file a petition to modify custody in the district court. Not having an attorney is a big mistake in a custody dispute. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests. You need to get with an aggressive family law attorney who has experience with divorce modification, custody changes and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office. 
Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

In general, if you are not served then the court cannot proceed. But, how do you know there is a date set? You need to get with an aggressive family law attorney who has experience with custody and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office. David R. Hartwig 801-486-1715... Read Answer

My first impression is that you really need a divorce and to address the underlying cause of all the issues, the abuse. You also have the option to sue for damages related to the abuse. But, from my point of view, you need to stop the abuse and the only way to do that is to remove yourself from the problem by way of perhaps a protective order and then divorce. How do you find an attorney? You do your homework on the issues. I've practiced in those areas for over 30 years. You need to prepare to vigorously assert your  claims and concerns to do what truly is in youe best interests. You need an attorney who helps you prepare a plan. You need to get with an aggressive family law attorney who has experience with divorce, abuse, and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. I f you want to set an appointment for the initial consultation, feel free to telephone my office Tuedsay morning (today is a holiday and the office is closed). Don't wait any longer, give a call and let's getting working to protect your interests.

 David R. Hartwig

 801-486-1715... Read Answer

You say you can't afford an attorney, yet your situation shows that you truly need one. Any opposition has to be filed 14 days before the hearing -- and depending on what you are requesting, service through his attorney may not be valid. You can object to the late filing and ask for an extension to respond. But you really should find a way to hire an attorney, particularly as you could be awarded your attorney fees if you requested them at the hearing.... Read Answer

You say the Will "states" but yet you claim you have not seen the Will. Which is it? Has the Will be probated? If not, that is what you need to do to establish your rights. If is has, then you can see the Will and assert your rights.   Until all that is handled, no one can answer your question. Presumably the Will controls and you need to get that.   Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office Monday morning.

David R. Hartwig 

801-486-1715... Read Answer

Your son may be eligible for Supplemental Security Income (SSI) but to have him collect Social Security Disability Income (SSDI) based on your work record when you retire, after you die or when you become disabled, you would have had to have applied before he was 22 with evidence that he was disabled before and after 18.... Read Answer

The simple answer is that unless you are now married and your spouse wants to adopt the childlren, you will probably not be able to do this. This is Utah's policy in essence.   The best thing you can do is modify your custody orders severely limiting his contact with the children, essentially making it so that he cannot see the children.... Read Answer

What you state may be true, in all respects. To fully determine her estate you need to open a probate estate with the court. In that way you will be able to determine her holdings and assets, as well as how to distribute any remaining assets.   You need to get with an aggressive family law / probate attorney who has experience with litigating probate matters, handling assets, and difficult cases. I know what these cases are like, having handled a number.   You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for you, and your rights? You should be able to get in with attorneys today, I know that I have some openings. So, check around.... Read Answer

She can so report it, even if she is wrong in doing so. You say you are getting a divorce. Have you filed? Do you have any temporary orders? Do you have an attorney? Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office .
Don't wait any longer, give a call and let's getting working to protect your interests.
 
David R. Hartwig 

801-486-1715... Read Answer

You look around and check out aggressive attorneys. I am an aggressive and experienced family law attorney (35 years of family law).  I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone for an appointment. But, do get moving quickly, as you have a hearing set in January. I need time to prepare to fight for your rigths. David R. Hartwig 801-486-1715... Read Answer

Yes, things can be very confusing, particularly if you attempt to use the court's electronice system.   The best thing you can do is give a call, I offer a free 1/4 hour consultation, or $50 for 1/2 hour. You have many issues to consider, including alimony, retirement accounts and the like, as well as your spouse moving.   The best thing to do is get with an experienced and aggressive attorney. I know what these cases are like, having handled them before, with over 30 years experience here. Give a call Monday morning   David R. Hartwig 801-486-1715... Read Answer

The first thing you need to do is file for divorce. Fleeing the state now with your son will only complicate matters for you and cause you problems. Utah has the power to determine custody, not whatever state you may move to. You are in a real mess. Not having an attorney is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.   You need to get with an aggressive family law attorney who has experience with divorce, custody and difficult cases. I know what these cases are like, having handled a number.   You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your children, and your rights with those children? You should be able to get in with attorneys today, I know that I have some openings. So, check around. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.
 Don't wait any longer, give a call and let's getting working to protect your child. 

David R. Hartwig

 801-486-1715... Read Answer

As a US citizen, you can sponsor your mom, and a visa would be immediately available as she is considered your immediate relative. You can sponsor your brother, but there would be a very long wait-multiple years. Your mom could sponsor your brother once she acquired her US citizenship which would take years. But even if she sponsors him after she acquired her US citizenship, it would shorten the wait for him as opposed to if you sponsored him. ... Read Answer