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Arizona Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Mike Branum
Mike Branum answered on Sep 24, 2021

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: With a trust is the trustor sappose to intial every page, then the signature w/ notary on last page?
Andre L. Pennington
Andre L. Pennington answered on Sep 23, 2021

While it can be done like this, it is not uncommon to see Trusts that do not have initials on every page.

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1 Answer | Asked in Family Law, Legal Malpractice and Contracts for Arizona on
Q: Hello, My question is, is it legal for a family member or anyone else to become an gaurdian without the person being

Without the person knowing? For some reason I couldn't finish my question.

Thank you

Mike Branum
Mike Branum answered on Sep 21, 2021

In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.

1 Answer | Asked in Social Security for Arizona on
Q: IF I AM SUED CAN THE TAKE MY social security
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 20, 2021

Your Social Security benefits can only be garnished for unpaid Federal taxes, delinquent non-tax debts owed to other federal agencies, unpaid child support and alimony, and any court ordered victims restitution. Social Security benefits are protected from garnishment when it comes to private debt ,... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona, how long can someone be incarcerated in county jail without formally being charged with a set of charges ?

My fiance' was out on pretrial services as well as on probation and was arrested for alleged crimes for which he has not yet been charged officially. The prior charges he was out on pretrial for, yes, and there WAS a probation revocation hearing set but has not been had yet. It seems as though... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Sep 20, 2021

Within 24 hours of arrest, he was supposed to see a judge to determine release conditions. From what you are saying this sounds like a probation hold. The probation officer has a lot of descretion and even if there not a new charge if the PO has a reason to believe probation has been violated,... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Can i legally paint a licensed cartoon character along with his signature phrase on a fence that the public can see?

The character is owned by Warner Bros.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2021

Very likely not.

Consult with an attorney.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 17, 2021

I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the...
Read more »

3 Answers | Asked in Bankruptcy for Arizona on
Q: can a debt collector find out were my checking and savings acct is located in another state from were i was served,

i was served in a suit for a debt collection by a debt collector , the suit is for $6000, can i close a savings acct in another state from were i was served ,

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 16, 2021

Assuming that the creditor has not yet taken a judgment against you and issued a writ of garnishment, yes, you are free to do what you like with your assets.

You should be aware, however, that if a judgment or judgments are at some point entered against you, the creditor may have an...
Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested for shoplifting on 9/14/2021. I have a court date of 9/30. I want to get it expunged from my record.

I know I need a lawyer to represent me. What does the lawyer do on their part to do this. Why do I need a lawyer to do this. What do they do to get this to go through? It is my first offense. The shoplifting cost I took was $130.00.

Mike Branum
Mike Branum answered on Sep 16, 2021

Arizona does not expunge criminal records (with the exception of marijuana possession charges and that has occurred in the last year). The arrest will be with you forever. You may be able to negotiate a deferred entry of judgment. Deferred entry would mean that if you stay out of trouble (usually... Read more »

1 Answer | Asked in Probate for Arizona on
Q: Can you stay inside a house that is going through probate in Mohave county AZ?

My wife grandmother pasted away few days ago and we are looking to move inside her house but don’t want to make a mistake. My wife has a Will from her grandmother which state she is leaving the house to us. We are planning to start the probate process within the next 30 days.

Ilene L McCauley
Ilene L McCauley answered on Sep 14, 2021

I am so sorry for your loss.

A Last Will only has authority after the Last Will is admitted into probate and a Personal Representative is appointed. Find an attorney in Mohave County to help you . After the Last Will is admitted and the Personal Representative is appointed, the attorney...
Read more »

2 Answers | Asked in Immigration Law for Arizona on
Q: my dad was approved for family reunion with me. He came to US with I-94 without interview. How can we continue our case?

I applied for family reunion with my dad while he stayed in Mexico as a tourist. He was approved for reunion and USCIS sent us to NVC. We submitted all the required documentation and NVC received them and tried to schedule an appointment for us in US Embassy of Juarez, Mexico. However, US embassy... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

A case review is required for your submission. If you father was paroled into the United States there may be a possibility to adjust his status without Consular Processing. But that legal analysis can be determined only after a full case review.

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2 Answers | Asked in Probate for Arizona on
Q: My mother passed away this year in Maricopa county. Her house has about $144k in equity and I want to buy out 2 brothers

I am the personal rep of her estate. Will I need to do Deed of Distribution and quitclaim deeds for the two brothers? Also, one is in jail so what happens to his part of the buyout and how do I get those forms signed?

Ryan K Hodges
Ryan K Hodges answered on Sep 13, 2021

The buyout can take various forms. The most straightforward version is to buy it from the estate for fair market value. The estate would then later split the money when the time comes.

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1 Answer | Asked in Business Law and Intellectual Property for Arizona on
Q: Can I teach martial arts?

So I've been Practicing Taekwondo for 7 years now and had been considering teaching kick boxing on the side for some extra cash, and my Instructor had said that if I tried to teach martial arts outside of the school I could be sued because of copy right, could they possibly do that?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 12, 2021

You should consult with an attorney

But as long as you are not taking content, printed or recorded, from somebody else, and as long as you are not violating any employment or NDA, you can be ok

1 Answer | Asked in Personal Injury for Arizona on
Q: I tripped walking on a sidewalk. There was a square that is lifted making me trip and fall on my knife. Do i have a case

It was night and not very lit. So I couldn't see that the sidewalk lifted.

Tim Akpinar
Tim Akpinar answered on Sep 12, 2021

An Arizona attorney could advise best, but your question remains open for a week. It could be difficult for an attorney to answer your question without additional details - severity of the defect, negligence on the part of the owner, dimness of lighting , nature of injuries, how knife was carried,... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Arizona on
Q: If a misdemeanor was dismissed in virginia do I need to disclose it in an interview in Arizona?

Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?

Will a dismissed case affect my chances of getting hired ?

Mike Branum
Mike Branum answered on Sep 10, 2021

Ah, the lawyer's favorite answer: "It depends."

If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative....
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2 Answers | Asked in Probate for Arizona on
Q: My father suddenly passed away from COVID and left no will. he lived with his mom I'm only child. He wasn't married.

My question is about his property. He had a truck, motorcycle, personal items and a bank account. My grandma said what's in the account he owes her so she gets that and she said the truck and other items aren't going anywhere until she says so. Is that legal? Is there something I have to... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 6, 2021

I am so sorry for your loss.

Unfortunately there may not be a simple answer to your questions. Assuming your father was not married, he had no other children, and he did not have any joint bank accounts with others, then you may be the sole heir.

I strongly urge you to set up a...
Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: o you have the right to defend yourself from an arrest that you know is unlawful with the same force that the officer is

doing to you?

Mike Branum
Mike Branum answered on Sep 3, 2021

I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.

The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of...
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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Is there a way to use a patented product for my business without it being illegal?

I am looking to create a startup company, but there is a product that is patented and there seems to be no way around it. I am looking into ways to improve what is already out there or even use the product with my own twist in a legal fashion. The product patent is for dissolvable edible pods which... Read more »

Stephen E. Zweig
Stephen E. Zweig answered on Sep 2, 2021

It probably is a good idea to talk to a patent attorney. The claims may not be as comprehensive as you think. Alternatively, the patent prosecution history may show specific gaps in coverage. Other information, such as expiration dates, ownership, and the like, may also be helpful.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: Can a Trustee re-open a Chapter 7 closed case?

I received a discharge date on 5/8/19 on a Chapter 7 no asset. Pro se. The trustee submitted the final accounting report and Judge signed on 12/17/20. I was notified a settlement check went to the trustee. Does that mean they are going to re-open my case again? Can I hire an attorney to get my... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 1, 2021

I'd be shocked if the Ch. 7 Trustee did not return that check to whoever sent it, or relayed it on to you.

Several years ago, a Ch. 7 debtor I represented sold a car for $9,000 and had a check to himself in return. I advised him to have the buyer write a second check, to the Ch. 7...
Read more »

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