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T.R. Morgan

T.R. Morgan’s Answers

17 total


  • My grandmother passed away with a will and I am a beneficiary, however I never saw the will. How can i obtain a copy?

    Before she passed away, she had given my uncle power of attorney. I am unsure if he is the executor as well. However, he has been the one handling the divvying up of her estate. We never had a formal reading of the will and I am curios to know wha...

    T.R.’s Answer

    • Selected as best answer

    The power of attorney is no longer good once your aunt passed away. It is likely that she named your uncle as her personal representative and possibly trustee of the trust. You can file a probate action in the district court, and ask that you be appointed the personal representative of the estate. This will cost you a little bit, but it will force your uncle to respond and provide the court with the paperwork that states that he is supposed to be in charge. At that point you will have access to the paperwork and can then decide (with legal help) how to proceed. A less expensive route is to have an attorney draft a letter to your uncle giving him the chance to do what is right. good luck.

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  • Can I sue my father for emotional distress?

    I have recorded incidents with my dad and I fighting. I think most people go their entire lives without hearing someone speak like this. He is 6'8 and screams louder than anything I have ever heard. He hasn't done anything physically abusive in ab...

    T.R.’s Answer

    To recover in an action for intentional infliction of emotional distress, you must show (A) conduct that is intentional or reckless; (B) conduct that is also extreme and outrageous; (C) a causal connection between the wrongful conduct and the emotional distress; and (D) emotional distress that is severe.

    Based upon the facts provided, I believe that it would be fairly difficult and expensive to connect the dots between his conduct and your distress to such a degree that a judge or jury would award you very much.

    Personally, I would do everything possible to stay away from your father. If he bothers or harasses you, then you can call the police and have them investigate.

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  • Who can I call when the authorities are invading my privacy

    I have been under surveillance for about 3 months.. I figured that I think they think im involved in drugs somehow. I've questioned the movement in the apartment above me , and my pets looking at the ceiling strange, just now I something woke me ...

    T.R.’s Answer

    If you can put together some evidence showing that you are being watched/under surveillance, then you could take that information to a law enforcement agency in your county that may not be the agency you think is doing the surveillance. It sounds more like some else is watching you, not the police. If so, get the evidence and take it to the police immediately.

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  • Can press charges if someone told me to kill myself (teenager)

    An old friend of mine and me got in a fight and she told me to just go kill myself am I allowed to press charges on her?

    T.R.’s Answer

    It doesn't appear from the information provided that your "friend" committed a crime. If she had threatened to kill you, then the answer changes.

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  • DAD DIED. NO WILL. "GIRLFRIEND" MAKING OUTRAGEOUS CLAIMS!

    Intestate succession. I was just named personal representative and notice to creditors was published in newspaper. My dad had an on and off girlfriend for 20+ years and she claims he owed her $45K and was leaving her the house. Dad was unmarried ...

    T.R.’s Answer

    I agree with the information previously given. Additionally, besides the published notice to the creditors, you may also want to give actual written notice to the girlfriend. Doing so should reduce the statute of limitation time period for when she can bring a claim against the estate.

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  • My 17 daughter was asked my an adult male co worker twice to be naked. He was fired. Can we go after him...

    Sexual haressment towards my 17 year old daughter..

    T.R.’s Answer

    If the perpetrator was fired, that should solve the problem. In order to "go after him" you may be required by the court to prove that your daughter was damaged by the requests. Feeling uncomfortable or offended will not be enough. You will have to prove actual damages, ie: quantifiable emotional distress that has in fact affected her work/life/etc. That may be quite difficult to do if only two requests were made.

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  • What are my options as a renter

    I recently moved into a duplex and the tenant below me is the son of my landlord. He blatantly smokes and deals weed outside our shared living space. I talked with the kid and no changes happened, so I spoke with my landlord who said they would...

    T.R.’s Answer

    Start the process to move. Give notice that you will be vacating. If the landlord gives you grief, then you can inform him that you will bring a nuisance action for injunctive relief, damages, and termination of your lease. See Utah Code §78B-1101(3), it provides that residents of condominiums, apartment, or private homes may seek injunctive relief and/or damages if exposed to nuisance tobacco smoke. Additionally you may call the cops, but leaving the situation is a far better option in the long run.

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  • I want to sue to get my inheritance?

    I am one of nine siblings and the living trust my parents had was so after the death of both all personal and income property would be sold. It has been over 60 days and they sold a income property for $154,000 when it was worth $200,000 or more....

    T.R.’s Answer

    Fighting about the value of the sold property is likely not going to be beneficial. There are so many factors that are involved in a real estate transaction and the court will prefer the property sold than to sit unsold for a long time because no one is willing to pay the higher price.

    As for the other issue, there is not enough information to adequately answer the question. You should consider obtaining as much information as possible and then seek the advice of an attorney.

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  • Judge appointed me Personal Representative of my sons estate. Judge ordered my sons wife to give me all information of estate

    Judge appointed me Personal Representative of my sons estate. Judge ordered my sons wife to give me all information about estate with in 10 days. It has been 2 months. I have received nothing. How do I get the information I need to take care o...

    T.R.’s Answer

    You can take your son's wife back to court by the process of filing an Order to Show Cause and ask the court to hold her in contempt for not obey the prior court order. You can also subpoena the records you need. I would suggest hiring a probate attorney to represent the estate and help you with this process. Sometimes a "nicely" worded letter from the estate's attorney is enough to obtain compliance from the other party. Good Luck.

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  • We sublet our apt, kept our name on the lease but now our tenant won't pay. Is it worth it to take them to small claims court?

    We needed to move unexpectedly out of our apartment, we met a nice couple in the neighborhood to take over the last three months of our lease. We notified the apartment management that we would be subletting, but they told us to keep our names on ...

    T.R.’s Answer

    First, you will need to verify if there was damage to the apartment above the normal wear and tear. If so, you will be liable for that damage and under Utah law, the court can triple those damages if the landlord brings an unlawful detainer action against you. If your contract with the sub-tenant addressed the issue of the condition of the apartment, then you may be able to get a judgment against them for the cost of the repairs. You may want to try to work something out with the landlord and then go back and try to get judgment against the sub-tenants. Remember that a judgment does not mean you collect money. That is a separate issue and is usually not easy if the sub-tenants are the kind of characters that move around a lot and have various jobs.

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