Utah Recent Legal Answers from Lawyers

The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all issues addressed therein, it would usually be binding. But, you may want to review everything with an attorney first to ensure all of your questions are answered and that your concerns are appropriately addressed in that contract. It also depends on which way they say the property line is off. Is it to your benefit or theirs? In my opinion you probably should get with an attorney.... Read More

The answer to your question is, it all depends. If you enter into an agreement that is an actual contract with appropriate consideration and all issues addressed therein, it would usually be binding. But, you may want to review everything with an attorney first to ensure all of your questions are answered and that your concerns are appropriately addressed in that contract.... Read More

If the money is from a personal injury settlement and if you have kept it in separate accounts throughout, then it is your money and should be awarded to you as yours by a divorce court. As such, there is no reason to take it out, or give it to anyone. But if you want to gift it to anyone, I believe that if it is over $12,000 you have to file for taxes (check with your accountant). 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 property.
 
David R. Hartwig

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

Your potential malpractice 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 interests.
 As to hiring a better attorney for the bankruptcy, I don't see why that should slow anything, but do go get second opinions from other bankruptcy attorneys. 
David R. Hartwig

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

To fully protect your interests you will need the approved offer and acceptance documentation, work with a title company to handle the transfer and prepare the appropriate title review documents, and then have a "closing". Depending on the actual facts, this might get complicated, and as you are dealing with a business, which may know a lot more about real estate deals than you, you should have probably have an attorney assist you to review the documents.... Read More

You will need to file a petition with the district court where you live.  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 have limited time in which to fight this matter. 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 reputation.
 David R. Hartwig

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

You should immediately contact DCFS. Then you need to get with an experienced attorney to work out the details as to who you are, your relationship to the child, and what, if anything, you want as it may pertain to custody. 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

You will need to file a paternity action to determine your rights and responsibilities. Going through the suit you will be able to look at custody, parent-time, child support and the like. Then you will have some legal rights to enforce. As mom is already fighting you, you may have a fight on your hands. As such, this is probably not a DIY action. 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 your child and your rights. 
David R. Hartwig 

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

You say there is a trust. I'd have to see the trust to see how she has access to the trust funds and see if any are missing. I'd also have to review the documentation on the purchase of the home, the title, and the information on the car, including the title. 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 father.
 
David R. Hartwig

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

What you are ultimately entitled to depends on any number of factors. You will need to determine custody, and along with that child support. You say he has a house, is that the home you live in? If so, you will be entitled to a portion (possibly 50%) of the equity in the home. Depending on why you quit working 7 months ago, you might be entitled to some spousal support. The vehicles will be divided with some consideration given to the values of the vehicles and the lease.  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 you and your children.
 
David R. Hartwig 

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

Though you appear to have asked this on July 4, I just received the question. After a 41 year marriage you probably have no basis to seek an annulment. That leaves you with a divorce action. Your situation may involve 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 have 30 days from the date the judgment is entered to file an appeal so you best get moving on it...  as in right now, if you want to appeal the judgment. Your situation involves major factual. evidentiary, 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 interests.
 David R. Hartwig

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