T.R. Morgan’s Answers

T.R. Morgan

Ogden Family Law Attorney.

Contributor Level 5
  1. WHEN DOES POWER OF ATTORNEY PAPERS NEED TO BE SHOWN TO THE FAMILY!

    Answered over 1 year ago.

    1. T.R. Morgan
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    Pursuant to Utah Code 75-5-502, a power of attorney ends at the time of your mother's death. You do have a right to find out about your mother's assets. I generally suggest trying to communicate with the person that had the power of attorney. If that is unsuccessful, a letter from an attorney requesting information about the affairs and assets generally lets the person know that you are serious and need answers. If they are still unwilling to communicate with you, you can always start an...

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

    Answered 11 months ago.

    1. T.R. Morgan
    2. Kevin Rindler Madison
    2 lawyer answers

    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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  3. A question about probate of my parents will.

    Answered over 1 year ago.

    1. Charles K. Kenyon Jr.
    2. Daniel J. Krause
    3. T.R. Morgan
    3 lawyer answers

    It would seem that if you fulfilled the requirements of the will, then you should receive your inheritance, absent some other terms of the will that you have not stated.

    4 lawyers agreed with this answer

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

    Answered about 1 month ago.

    1. T.R. Morgan
    2. Devin W. Quackenbush
    3. Steven M Zelinger
    4. Dennis M Astill
    5. David L. Carrier
    5 lawyer answers

    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...

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  5. Can I sue my father for emotional distress?

    Answered 6 months ago.

    1. T.R. Morgan
    2. Randall L Marshall
    2 lawyer answers

    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...

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  6. I want to sue to get my inheritance?

    Answered 11 months ago.

    1. James P. Frederick
    2. T.R. Morgan
    3. Joseph Franklin Pippen Jr.
    4. Kari Dawn Coultis
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  7. 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?

    Answered about 1 year ago.

    1. T.R. Morgan
    2. Douglas J Shumway
    3. Charles G. Norseng
    4. Cheryl Rivera Smith
    5. Adam Jay Jaffe
    5 lawyer answers

    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...

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  8. Can prenuptial leaving spouse nothing after long marriage trump a will leaving part of estate to surviving spouse

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. T.R. Morgan
    3. Frank A Selden
    4. James P. Frederick
    4 lawyer answers

    While there is not enough information to adequately answer this question, if a will, executed after the prenuptial agreement, states that a spouse is bequeathing item "X" to his wife despite the fact that he has no obligation to do so under the terms of their premarital agreement, the terms of the will likely prevail as long as that intention is clear. Also, is the contesting party represented by an attorney. Prior to any "deal" being made, everyone involved should have the opportunity...

    2 lawyers agreed with this answer

  9. Is there a law protecting SSDI recipients from rent late fees if SSDI payment isn't received by the gov until after due date?

    Answered over 1 year ago.

    1. T.R. Morgan
    2. Matthew G Koyle
    2 lawyer answers

    Along with what Mr. Koyle stated, you may also find that if you contact the owner of the property, that he or she may be willing to adjust the payment dates so that no late fees are incurred. I represent various landlords that are happy to make adjustments for good tenants. It has been my experience that property owners (not necessarily the manager) want the income stream and in this economy good tenants are hard to come by. The owner probably doesn't want you to leave. They would then have...

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  10. "Can I sell my deceased fathers house while it is in probate?". I am the executer named in his will.

    Answered over 1 year ago.

    1. James P. Frederick
    2. Joel Steven Weissler
    3. T.R. Morgan
    4. Matthew Erik Johnson
    4 lawyer answers

    You may want to double check the terms of his mortgage. There may be a provision that discusses under what circumstances the mortgage becomes due in full.

    3 lawyers agreed with this answer