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Jason C Hunter
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Jason Hunter’s Answers

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  • Is it possible to have co-trustees removed without challenging the trust. I need help to gain legal access to bank info

    I am an adult paraplegic with a brother and sister as co-trustees, which were in cooperation with each other and were stealing from the family trust even before my final parent died,now months after the estate was settled I still have not received...

    Jason’s Answer

    The other answers are correct and appropriate. In similar cases handled at our office, we have had Trustees try to allege that efforts to remove the constitute a challenge of the trust. In our experience, courts can differentiate between challenging a trust and enforcing it. This is important to us because we don't want courts even considering "no contest clauses," which are enforceable (allegedly) in Utah--where our primary practice is set.

    Best of luck.

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  • How do I get custody of my kids back?

    I signed over guardianship to my Aunt and Uncle who live in Portland, Oregon. The case was in Utah and DCFS was involved until I signed the guardianship over. Its now been 3 years and I want my girls back. I've done everything asked of me. My aunt...

    Jason’s Answer

    You really need to go see a lawyer--if there is a guardianship in place, something will have to happen to address it, and that something will likely involve a court proceeding and/or DCFS. If you have limited means, you may want to contact the Utah State Bar and see if there is a "low bono" attorney that can help (at a reduced fee). You may also want to contact Utah Legal Services.

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  • I set up a gift account for 3 grandkids who live in Texas. I closed the account on the 2 youngest.

    The Mother sent a letter by way of lawyer to get me to give the funds to the kids. What protection do I have by law and will she be able to force me to give the funds to them without a law suite?

    Jason’s Answer

    You may have set up the accounts as being owned by you, but somehow attaching the grandchildren's names. If that is the case (i.e., if the account were owned by you), you can close them any time without consequence.

    On the other hand, you may have set up the accounts under a Uniform Transfers to Minors Act (also known as UTMA) set up. If that is the case, the kids likely have some vested rights and their parent may be able to assert those rights on behalf of the grandkids (and possibly regardless of what the grandkids want).

    If you received a letter form a lawyer...you should consult with a lawyer consistent with the prior answer. I suspect many lawyers would give you a 15 to 30 minute consultation on this issue without charge.

    Best,

    Jason C. Hunter

    997 West 950 North | Suite 101 | Centerville, Utah 84014 | D: 801.438.7125 | O: 801.438.7120
    F: 801.438.7121 | jhunter@sagelawpartners.com | www.sagelawpartners.com

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  • We are building a house and have e-mails from the developer quoting prices on upgrades. Can he be held to the e-mails?

    In the 11th hour of the build he has decided to increase prices on amounts we have already agreed upon. We have tried to negotiate with the builder and explain to him that our decisions were based off the original amounts he gave us, that we may n...

    Jason’s Answer

    When you say you have already agreed upon pricing, is that in a written contract? If so, you need to review the contract to see what changes in pricing can be made, or what the process is for a change. If you have not agreed to pricing in a signed writing, the answer to the question of whether you can hold him to a certain pricing arrangement is difficult. It would depend a lot on the facts and circumstances surrounding the agreement.

    You may want to consult with a good construction attorney. Before you do that, however, you might want to go and sit down with the developer to determine whether (a) you really want to go through with the transaction (depending on the stage of the transaction), and/or (b) you can make some concessions and ask him to do the same.

    Best of luck.

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  • I need to know how to get temporary guardianship of my 3 nephews and 1 niece? Both parents are neglectful.

    There going threw a messy divorce, both are so worried about finding another partner that there is no concern for the children care or well being and this worries me a lot and I feel very strong about doing this till they can both start acting lik...

    Jason’s Answer

    You need to contact the department of child and family services if the children are being neglected.

    If the parents would consent to you becoming the guardian, you should go see an attorney about a guardianship and conservatorship proceeding...but you should note that DCFS might become involved even if the parents do consent.

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  • Can a trustee transfer property out of an irrevocable trust?

    I was under the impression that property can not be transferred out of an irrevocable trust to a beneficiary.

    Jason’s Answer

    Property would have left the trust in one of three ways: (1) as a distribution to a beneficiary, (2) by exercise of a power granted to someone (e.g., a trustee or trust protector) to make a discretionary transfer (which would be similar to a distribution), or (3) by way of a purchase transaction. You need to review the trust agreement to determine how the transfer might have been permitted. I highly recommend you review the trust agreement with a trust attorney--I find most non-attorneys do not quite understand trust provisions, plus the attorney should give you an unbiased review of the situation. There may also be other facts that are important and applicable to the situation.

    Review the trust agreement with an attorney.

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  • I had a contract for house security . I moved 530 miles away. They want me buy the contract out or find someone to take over

    They told me they were from one company but they were really a different co. I don't feel that I should have to find someone to buy their system. I'm not a salesman. They want $450. for me to buy them out. I asked them for a copy of may contra...

    Jason’s Answer

    I would tell them you need a copy of all the signed contracts to know whether you are obligated to pay. Then withhold payment until you see the contracts. You really need to see the contracts to determine your legal obligations.

    That said, you need to know that they may commence a lawsuit against you, turn you over to a collection agency, or attempt to report you to the credit reporting agencies. You will need to be ready to deal with each of these contingencies.

    Knowing that....it might be a good idea to explain why you don't feel that you should have to pay, but tell them you are willing to split it with them for the purposes of getting it resolved. You would then want to make sure your agreement is in writing (look for an e-mail or letter from them telling you that upon payment of $X the debt is resolved).

    Best,

    Jason C. Hunter

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  • I had a verbal contract with my inlaws and they are changing interest and payment amount on us

    in utah does a verbal contract uphold in court ? they hve changed the interest from 1500 flat to 0.5% and now are saying 6.2% and have changed it so that our 450 a month isnt counting an over payment. the payment is actually $433 a month and we p...

    Jason’s Answer

    I agree with Mr. Ipson.

    I would only add that based on my experience, there is a good chance that there will be some hurt feelings if this is not handled tactfully. Depending on your financial situation, you might want to consider just securing some financing from a commercial lender. If that is just not possible, you need to consider the long-term impact that a workout will have--if you stand your ground and if they stand their ground.

    Hope you get things worked out.

    Best,

    Jason C. Hunter

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  • Collecting assets / Money for a judgment against LLC

    We received a judgment against a construction LLC, This is a one owner LLC as well. This company said they were filing for bankruptcy but they have not yet and it has been 45 days past the judgment date. Can we go after the owner’s wages or asset...

    Jason’s Answer

    I agree with the prior answer. I would add that too frequently owners of single member LLCs do not not honor their LLCs as being separate legal persons. Of course, you have to spend some money to dig into the debtor's affairs before you know this--which is why it is nice to get information on your debtor and the owner of the debtor first.

    I would also add that this is the type of case some lawyers will take on a contingent fee basis, but because it is not what I would call an "ordinary collection" you would be better off hiring an attorney experienced in piercing through layers of entities and paying that attorney by the hour. If you hire such an attorney, you will be into the collection several thousand dollars before you even know whether you have much of a case--it will cost more than you plan and it will take longer than you plan.

    Best of luck.

    Jason C. Hunter

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  • Do we have any recourse if our agent and the financing agent keep delaying our move into a home

    We started this nightmare in January. It's a short sale, we offered full asking price. After many delays, many deadlines, we finally closed Friday May18. This was the forth time that a closing had been set. We still do not have the keys, May 24, a...

    Jason’s Answer

    I am not sure you will get a clear answer to your question. You indicated that you have closed, but that the finance company needs a new letter from the seller's 1st mortgage holder? Are you talking about your lender needing a letter? Have you actually closed (i.e., are you the owner of the property?).

    Short sales can be confusing. If you are borrowing to pay the purchase price, you will likely end up with title insurance, that should assure that you actually end up owning the property free of liens. However, I would not necessarily rely on your lender or title company to make sure you are protected. I recommend you visit with an attorney and hire him or her to help you either (a) make sure you get what you bargained for, or (b) get you out of the deal (with attention to any damages for which you might be held liable).

    Lender's on short sales take a long time to close and may jerk you around. However, if it is a good deal, it is a good idea to stick with the transaction. If it is not a great deal, you should be less tolerant of delays.

    Visit with an attorney and take all the contracts and documents regarding the transaction with you to your consultation.

    Best of luck.

    Jason C. Hunter
    jhunter@hunterestategroup.com

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