Utah Recent Legal Answers from Lawyers

You may be able to do so, but you need to act quickly. 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your niece. 

David R. Hartwig 

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

Real property takes a probate out of the affidavit, or limited probate, system without regard to mortgages. A probate estate will need to be opened. The best thing to do is get with an experienced probate law attorney to review all of your facts and papers. 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 off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig

 801-486-1715  ... Read More

Has your mother's estate ever been probated? Was there a Will giving the house to anyone? From what you say, you may need to open a probate to handle your mother's estate, including the house.  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 off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig 

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

You husband can make the request, but the attorney may be the only person who handles family law matters in the firm. Plus, if the firm is allowing such problems to exist with this attorney, who says that the problem does not extend to others. Your husband may want to consider a second opinion from outside the firm. Plus, even if the firm assigns a new attorney, that attorney will need to "start over" as to what has already happened, just like any outside attorney. Lastly, any unearned retainer fee should be refunded to your attorney. The best thing to do is get with an experienced family law attorney to review all of your facts and papers. I may be able to assist your husband, should he desire. If you are interested in pursuing the matter further, I off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 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 More

Probably not. Sounds like you simply need to file for a divorce. Your situation involves  factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig

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

Until the probate estate is established and the personal representative appointed, there is nothing. You need to file the probate estate and get appointed as the personal representative before the house can be sold, and before you can actually do anything. Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect the estate and your interests. 

David R. Hartwig

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

If you review the statute on calculating income, it could be more complex that what you are stating. 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 off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig

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

Your daughter can leave at anytime that she wants; the issue is the child. You fail to say how long the child has resided in New Jersey. Odds are that your daughter needs to file a custody case in New Jersey (assuming the child has been there long enough. And, she should have filed for a protective order long ago; now she has a claim of abuse the boyfriend can use against her. Tough case, but absent additional proof of where the child has been living, it looks like it is all a New Jersey case.... Read More

Dear Inventor, To be patentable - your mixture of herbs and spices must be (1) new, (2) useful, and (3) not-obvious in view of other such products. First, new - never before made. You should search for other mixtures on the internet - Chinese Medicines are often mixtures like this. Other traditional medicines may be relevant too. Second, useful - it sounds like the mixture is useful. Third, not-obvious - this is the hard one. If others have come close to your mixture, you might be an obvious variation from the earlier work. A patent search (www.uspto.gov) might help you see what is before you. Finally, if you have already sold this or otherwise disclosed it to the public - you only have one year in which to file your patent application.... Read More

I am glad to hear that you are the expert in substance abuse counseling. When the court orders an evaluation and follow-up counseling, they expect to get a copy of the evaluation and updates on how any recommended treatment is going. Otherwise, they would have no way of knowing what you are supposed to do, and if you are actually doing it.Yes, the substance abuse counselor can require you to take random tests as part of your treatment. That is fairly routine for a client who has a drug abuse problem. From what you have said, absolutely nothing is out of the norm, and the fact that you are objecting so much to what is required may be showing the counselor that your drug problem is worse than you think.... Read More

You can change the mediation agreement based on his material non-disclousre. How you do that depends on where you are in the legal process, and you should move quickly to avoid the entry of orders based on the agreement. 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 off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 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 More

This is a repeat of a prior question. First, you need a good attorney to handle the stalking issue. You do have some time on any defamation, so get with a very good attorney on the stalking issue. Once that is handled, and if handled successfully, you may be able to  include the attorney fees as your damage in any defamation case. 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 off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig

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

Based on what you say, you don't have an attorney. That is a big mistake. Without looking at the exhibits, and knowing the case, one cannot hazard a guess as to why the exhibits were excluded. The best thing to do is get with an experienced family law attorney to review all of your facts and papers, and do so just as fast as you can.... Read More

You could file to be appointed as the guardian of the children, which should give you the power to enroll them in school. If you are interested in pursuing the matter further, I off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig 

801-486-1715... Read More

Based on what you say, the answer is no. You were not a minor at the time of the event, and you provide no evidence of psychologically blocking out the event (the blocking would require medical evidence to prove). In that light, I see no basis for extending the statute of limits. That means that you need to file your case immediately. You need to get with an experienced attorney asap. 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 off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 David R. Hartwig

 801-486-1715... Read More

Stop trying to contact the attorney privately, he doesn't represent you and has no obligation to you.  Use the procedures available through the court.  You're being sued.  You can use the procedures available in lawsuits to obtain discovery, i.e. to learn information relevant to the case.  There may also be procedures available (not sure because I don't know Utah procecure) to make an offer of settlement, to seek summary judgment on the issue of hte amount of damages, etc.  If you can't afford to hire a lawyer, the clerk of the court and/or legal aid may be able to help you.... Read More

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 off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.

David R. Hartwig

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

You fail to say who owns the house, and what, if any, arrangements you have been living under. 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 off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig 

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

Yes you can make this change. The easiest way is if your ex agrees to the change. If he does not, then you need to file a petition to modify. Either way, you will need to create and file a new order showing the new custody arrangement, as well as address the financial issues, such as child support. Based on what you say, you don't have an attorney. That 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. 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 off 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, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 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 More