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Wesley Winsor

Wesley Winsor

Wes Winsor Law PLLC
  • Estate Planning, Business Law, Probate...
  • Utah
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Summary

Wes is happy and grateful to be able to serve his neighbors, friends, and family in St. George, Utah. Wesley A. Winsor’s practice consists primarily of Estate Planning and Contracts Law. He is a seasoned negotiator and experienced in guiding disputes into resolution. Legal Services - Estate Planning - Succession Planning - Trusts - Wills - Advance Health Care Directives - Power of Attorney - Deeds - Probate, Guardianship, and Conservatorship Contracts - LLC’s- Operating agreements, Entity Formation, Partnership Agreements - Lease Agreements - Product Liability waivers - Service Agreements - Negotiation of Contract disputes In addition to his career, Wes’ interests include entrepreneurship, basketball, bargain shopping, longboarding, and most of all spending time with his wife Lindsay and their four children. Education Faulkner University, Thomas Goode Jones School of Law- J.D., Eagle Scholarship Recipient Brigham Young University- B.S., Business Management- Supply Chain Emphasis Additional Languages Spanish Portuguese Professional and Civic Activities Member, Southern Utah Bar Association Mediation Training Youth Sports Coach Dave Ramsey FPU Coordinator - See more at: http://www.weswinsorlaw.com/about-the-firm/#sthash.PXxL6Kq3.dpuf

Practice Areas
  • Estate Planning
  • Business Law
  • Probate
  • Collections
  • Real Estate Law
  • Elder Law
  • Tax Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Utah
Federal Circuit
Languages
  • Portuguese: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Founding Attorney
Wes Winsor Law PLLC
- Current
Associate Attorney
Seegmiller Law PLLC
-
Education
Thomas Goode Jones School of Law, Faulkner University
J.D. / Business Law and Estate Planning (2012)
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Honors: Eagle Scholarship Recipient, Public Interest Fellow
Activities: Vice President of the Federalist Society, Christian Legal Society
Brigham Young University
B.S. / Business Management Emphasis in Supply Chain (2009)
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Honors: Scholarship recipient
Activities: Supply Chain Club, Strategy Club
Dixie State College
A.A. / Business and Language (2006)
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Honors: Honor Roll
Activities: Student Government, X-Club Service Fraternity,
Awards
Up and Coming Legal Elite
Utah Business
Voted by peers as one of Utah Business's Up and Coming Legal Elite for 2017
Professional Associations
Corporate Alliance Member
C4 Member
- Current
Southern Utah Bar Association
Member
- Current
Publications
Speaking Engagements
Estate Planning Q n A, Memory Matters, St. George Cit Public Library 88 W 100 S, St George, UT 84770
Memory Matters
Part of the Memory Matters Education class: https://www.memorymattersutah.org/services
Revocable Living Trusts, Memory Matters, St. George Cit Public Library 88 W 100 S, St George, UT 84770
Memory Matters
Part of the Memory Matters Education class: https://www.memorymattersutah.org/services
Probate Court, Alzheimers and Dementia Society, St. George Public Library, St George, UT
Alzheimers and Dementia Society
Certifications
Legal Elite 2017
Utah Business
Legal Answers
40 Questions Answered

Q. If two brothers have secured a mortgage on a home. times changed and one wants to leave said agreement. how ?
A: This can be difficult to do. Basically, the brother that wants to stay will need to refinance the loan in his own name. If he can't with the current lender, then he may have to look elsewhere. If no one will do it, then the leaving brother is basically stuck until the home sales or it is refinanced under the brother's name, the leaving brother dies etc. The bank will not want to increase their risk on the loan, having two people on the hook is better than one. If a refi option works the leaving brother could offer to pay the closing costs it induce or make it easier for the staying brother. I hope this helps. It is simple contract matter, and the question you are asking is how do you break/modify the contract with the bank. The bank typically won't want to. Wes
Q. 1. Can HOA litigate member with non valid status of non profit corporation?2. Can HOA adopt not valid declaration
A: Your question is hard to understand. I will try the best I can to answer: Yes an HOA can bring suit against an HOA member even if that member is a non-profit organization whose status is inactive/expired. This issue revolves around what agents of this non-valid, non-profit did to represent themselves when they entered into the HOA agreement. If they represented themselves as a valid non-profit then the Court will not let the Non-profit escape just because they haven't been organized correctly or their status has expired. Another scenario would be that any liability/obligation of the non-profit would attach to the agents personally if they fraudulently represented their status to the HOA. I am not sure about your second question. The issue would turn on what made the declaration invalid? I hope this helps.
Q. Do businesses have to follow the First Amendment? Are they subjugated to the same laws?
A: Your first amendment right doesn't give you a license to make other people listen to/read whatever you say. Your first amendment right secures your right to freedom of speech or in reverse, makes it so that any law passed abridging your freedom of speech is unconstitutional. Neither the U.S. Government nor the state of Utah has passed any law abridging your right to the freedom of speech. You do not have a first amendment claim. I am sure the League of Legends has some "terms of use" policy that you agreed to before you started playing and in that "terms of use" policy it stated that the user could be kicked out because of language. This is a separate agreement between you and the League and although the League can't throw you in jail (this would be a governmental action) because of the language they can cut you off from the use of their product. I hope that this helps you frame the issue. If you work with them and promise to be better I bet they will let you back in. Businesses have a hard time saying no to paying customers who agree to play by the rules. Wes
Q. Do I need a to get a EIN number from business's who I am paying rent to every month in order to take it as a tax writoff
A: If you are running it as a sole proprietorship, then you don't need to get a separate EIN, you can just use your own Social Security number when you report your taxes. If your company is an LLC then you will already have an EIN and you will u se the EIN when you do your taxes. Can you write off the expense of renting parking lots as business expenses? Yes absolutely. It is a cost of doing business. I may classify it as a marketing expense. All of your expenses including this one should be counted against your sales/revenues in order for you figure out what profit you are making. Absolutely include this whether you are a sole proprietor using your own SS# as your ein or whether your company already has an EIN. I hope this helps. Wes
Q. I process payments as a third party. Can I collect payment in the form of gift cards?
A: There is now law that dictates which form of compensation you have to receive. The law does state that you have tor report the value received whether in cash or "in kind". Cash is easy because it is what it is, but gift cards would have a slightly discounted value than their credit amount because it is only redeemable at the certain store. In short, yes you can, but you will need to report the fair market value of those gift cards as payment received. I hope this helps. Wes
Q. If property slip 3ways and 2 wanthe to sell put the 3rd person dosnt not can't the 2 sell it out from under the 3person
A: They can only sell their interest in the complex. If they own it together as tenants in common (most likely but I can't say for sure without looking at the deed), then they can sell their interest. I could be 66.66% or something else. They can't make him sell unless they successfully petition the Court to order a partition of the property in which case they could force a sale. Until the realtor can show you the title with only her name on it, then you don't' have to listen to her. I hope this helps. Wes
Q. Can I legally stay in my aunt's home until it is sold
A: I am pretty sure I have answsered this question before: see https://answers.justia.com/question/2017/04/20/do-i-legally-have-to-move-if-me-and-my-k-263553 and https://answers.justia.com/question/2017/04/20/if-i-m-living-with-my-aunt-and-have-no-r-263559 Good luck. Wes
Q. Is there a stature/law in Utah that requires a landlord to provide receipts for cash payments?
A: No, there is not statute for you to get a receipt. Receipts are typcially generated for the convenience of the parties involved. If your Landlord is nto giving you a receipt, you should draw up a simple statement when you pay and make the Land lord sign it everytime you pay the rent. Something like, Landlord hereby acknowledges the receipt of _________ paid on _______ for the rent payment by [ you] for the month of _____. _________ [Landlord Name] This way you are creating your own receipt that he or she has acknowledged. Otherwise if you are paying electronically then just keep a record of those transactions. I hope this helps. Wes
Q. probe and how to get a copy of the original will
A: If the will is in probate, it is a public document. You can go to the Court and pay some money to get a copy of it. If you have the name of the personal representative or the decedent then the Court should be able to locate it for you. If you are an heir or a natural heir (son/daughter/husband/wife) then you should have received notice of probate and hearing, if not then you can get it from the Court. I hope this helps.
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Wes Winsor Law PLLC | Contract and Estate Planning Attorney
216 W Saint George Blvd Suite 205
Saint George, UT 84770
USA
Telephone: (435) 669-9755 Ext. 6699755