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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. (2012) | Business Law and Estate Planning
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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. (2009) | Business Management Emphasis in Supply Chain
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Honors: Scholarship recipient
Activities: Supply Chain Club, Strategy Club
Dixie State College
A.A. (2006) | Business and Language
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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
southern utah estate planning council
Member
- Current
Activities: Discuss estate planning topics with other attorneys, financial advisors, and CPA's.
Corporate Alliance Member
C4 Member
- Current
Southern Utah Bar Association
Member
- Current
Publications
Speaking Engagements
Estate Planning Instruments, Hard of Hearing Division Services, 1067 E Tabernacle St # 10, St. George, UT 84770
Southern Utan Deaf and Hard of Hearing
Presented on Estate Planning instruments with Southern Utah Deaf and Hard of Hearing group.
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
129 Questions Answered

Q. My grandma passed away. She had a will and left everything to me. My mom is trying to evict me what can I do?
A: Have you seen your grandma's will? Under what authority is your mom using to try and evict you? Was she appointed the personal representative? If so then even though you may be a beneficiary, she can still evict you. Who has been put in charge as the personal representative/ executor/ executrix? If your mom is the PR and she isn't following the will, then you will need to assert your claim in probate court. Has a case already been filed? Even with a will the PR will need to file a case in order to get authority unless the house was owned in a trust or in joint tenancy. This is a situation that needs to be properly understood before any actionable advice can be given. Sorry I can't be of more help. Wes
Q. My mother and father kept their finances separate from each other
A: You can't disinherit your spouse. So regardless of what the will says, your father has a right to the first $75,000 + half of whatever is left over. Do you know if they had a prenuptial agreement? Probably not right? So yes there is a marital interest. All personal property is considered owned in joint tenancy with a right of survivorship. If you are looking to enforce the provisions of the will, you will need to file an action in probate. That way, the Court will determine who is entitled to what. You may not be able to get everything, but you might be able to get some things or maybe half of what was on the list depending on the property that is there. I hope this helps.
Q. My mother left me all of possessions which include basically everything in the house. I'm leaving everything in place
A: Hi, I am sorry for your predicament. Who is the trustee of the trust? It is the trustee's job to safeguard the property. If they are not doing their job, then your action would be against the trustee. He or she has a fiduciary duty to possess and safeguard the property. Wes
Q. If I tell an individual I live with not to touch my dog and he does it anyway multiple times can I take legal action?
A: Pets are property. If someone touches your property then you can sue them for trespass against property. The fact that your property is a dog doesn't really matter. Other facts that might matter are those that would weigh in on evidence of the wrongful touching. Things like, does the dog go near the person, or is it unavoidable if the dog runs free in the house, or what right does the person have to be in the house. If the person is renting they have a right to occupy the entire home and to the extent that the dog is there and doesn't move out of his/her way they could argue that it was necessary to the use of the property. I hope this helps.
Q. My ex and I had a verbal agreement that he would pay me child support monthly, he is currently behind 4 months
A: This is not my practice area, but I will weigh in as no one else has. Enforceable terms of child support should have been taken care of or addressed in the divorce decree (assuming you were once married). Those will govern. If not in the divorce decree or there never was a divorce decree or court adjudication (ruling) on the matter, then you will need to file an action against him or her establishing parentage and then you would successfully be able to enforce child support payments. I am not sure if you could go after him for a "breach of contract". It might work as long as your ex didn't deny parentage. I hope this helps.
Q. If a trust specifies a yearly distribution to beneficiaries until all money is gone,
A: Hello, Good Question The Trustor/Grantor/person who funded the trust is separate and apart from the trust itself. Depending on the form of the trust whether revocable or irrevocable the Trustor can retain some or all of the rights to direct the disposition of the property while they are living. After they are dead, the disposition of the assets are governed by the trust. Sometimes a trust will leave the successor trustee the discretion to direct where the assets go. Sometimes everything is outlined and the trustee really just possesses or liquidates property and hands it out. "Legally speaking", no dead person can own property, a milisecond before they die, their property transfers to their estate or if trustee to their trust, then the rights of the trustee transfer to the successor trustee. The terms of the trust are independent of the will or the estate. Most times they will work together. Any property that is titled in the name or position of trustee of the trust is in the name of the trust. Any property held in the decedent's name alone is part of the decedent's estate. The trustee is only bound by the terms of the trust, the personal representative is bound by the terms of the will or the by the laws of intestacy. If the decedent gave written instructions they may not be honored unless they are included with the documents bestowing the fiduciary power (trust or will). If they just tell someone or write something down but don't include in their estate planning docs then they can be justifiably disregarded. I am not sure if I am getting to the real issue here. Please clarify your question. I Hope this helps.
Q. Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?
A: Hi, I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly unethical. There is no criminal liability, but there could be civil liability. Meaning someone might be able to sue you for posting what a company might determine is "confidential" or a "trade secret" or you voluntarily accepted an obligation not to disclose. The main questions to consider are these: 1. Are you under some non-disclosure agreement that would prohibit you from commercializing the knowledge you have gained at the staffing company? 2. When you obtained the information and insights you received did you do so under a non-disclosure? Since we are talking about state regulated processes it is highly unlikely that you would have any liability whatsoever, but without knowing all the facts, it would be premature to say there is none. I hope this helps.
Q. Can the executor of a Utah estate be the sole beneficiary also (disinheriting children)?
A: The answer to your questions is, "yes" an executor can be the only named beneficiary of an estate. It happens all the time when there is only one child remaining or there are two children and one of them has become estranged. You stated that your aunt, whom your mom disliked, became your mom's legal guardian. She must have done this through the Court system. If this is in fact what happened, rather than just getting a power of attorney signed, all of her children would have had to be notified as part of the process. If that wasn't done correctly, then maybe there is a question as to her status of guardian and in turn her status as executor if she made a will for your mom. As far as administration of the estate goes, the priority for administration if there is not enough money to satisify all creditors are: (1) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (a) reasonable funeral expenses; (b) costs and expenses of administration; (c) debts and taxes with preference under federal law; (d) reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent, and medical assistance if Section 26-19-405 applies; (e) debts and taxes with preference under other laws of this state; and (f) all other claims. (2) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due. As you can see reasonable funeral expenses are the first on the list. Any money flowing from the estate should first go to the funeral expenses as long as it isn't an exempt. In addition, there are no filial support laws in Utah. No child is legally responsible for the debts of their parents by virtue of their relationship alone. Even if there isn't enough money to pay for the funeral, you don't have any legal obligation to do so. I hope this helps. Wes
Q. Are Non Profit Organizations subject to Early Termination Fees for cancelling a service contract in Utah?
A: Yes. It doesn't matter who the parties are, unless one of them is a minor or if fraud was involved. Non profits are just as liable as other people. Wes
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Wes Winsor Law PLLC | Contract and Estate Planning Attorney
640 E. 700 S. Suite 103
Saint George, UT 84770
USA
Telephone: (435) 669-9755 Ext. 6699755