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Arizona Questions & Answers
1 Answer | Asked in Family Law for Arizona on
Q: Do two minors automatically become adults by law, if married at court with parental consent?

I’m 17 and my girlfriend is 16, we have parental consent for getting married, we are just wondering if we legally become Adults when married, also she is pregnant.

Mike Branum
Mike Branum answered on May 17, 2022

No, two minors who are married with parental permission are not automatically emancipated. A minor over the age of 16 can petition the courts to be emancipated, but they must show that they are capable of living independently from their parents. Your girlfriend will be able to make healthcare... Read more »

1 Answer | Asked in Probate for Arizona on
Q: If someone has power of attorney over me at 21 can I move to another state with some friends without their consent?

Can I as a legal adult be forcibly removed and will my friends get in trouble?

Stephen M Vincent
Stephen M Vincent answered on May 17, 2022

You put this in the categories. This is not a contracts, criminal, or family law matter. It's something that would be better asked of a probate attorney.

Is your power of attorney revocable? If it is, you should revoke it. Again, that is something you should discuss with a probate...
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1 Answer | Asked in Family Law, Domestic Violence and Civil Litigation for Arizona on
Q: Can i file civil lawsuit to perpetuator of sexual child abuse Az 13-3019 A.2 even it is already under investigation?

The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... Read more »

Stephen M Vincent
Stephen M Vincent answered on May 17, 2022

I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.

Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you...
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1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: My Name was brought into a case, can I add my side of the story?

There is a case between my GF and her ex. My name was now brought up in a hearing, regarding real estate, something I was accused of doing professionally speaking. May I write the Judge to clear my name or somehow file something in this matter?

Stephen M Vincent
Stephen M Vincent answered on May 17, 2022

No. You're not a party. You can't file something in a case in which you are not a party. Further, writing a judge directly is not allowed. Judges can only communicate with parties when both parties are present.

Presuming this is a family law case (e.g., divorce or child custody...
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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: A decedent passed in September 2021. Their life partner is not allowing and desendants on the property for willed items.

My father passed away September 2021. He left several items in his will to me, and left many items unresolved in his estate. He lived on property owned by his 10 year long life partner (unmarried). The partner is not allowing anyone on site nor is she answering any requests for specific heavily... Read more »

Andre L. Pennington
Andre L. Pennington answered on May 12, 2022

This depends on many factors, including size of the estate. I recommend contacting a probate attorney, many offer free consultations, including my own firm.

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: A decedent passed in September 2021. Their life partner is not allowing and desendants on the property for willed items.

My father passed away September 2021. He left several items in his will to me, and left many items unresolved in his estate. He lived on property owned by his 10 year long life partner (unmarried). The partner is not allowing anyone on site nor is she answering any requests for specific heavily... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 15, 2022

Unfortunately this happens too often. The life partner probably feels some entitlement and does not want to deal with the fact that she (or he) has no legal right to your father's property. It is concerning that this has been allowed to linger since September, but I your recommend drafting a... Read more »

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2 Answers | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Q: As passenger in a vehicle should I be held accountable for something that was found in the vehicle during a traffic stop

I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.

I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... Read more »

Andrea Short
Andrea Short answered on May 9, 2022

The simple answer to your question is to have a consultation with a lawyer and eventually hire a private defense firm to represent you.

This is very important because it is very common that situations like this happen and you are going to want private attention with a lawyer who is there...
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1 Answer | Asked in Immigration Law for Arizona on
Q: Senior engineer applying for engineering manager position

Hi I am working as a senior engineer in a reputed company on H1B with a approved i140. It came to my notice that layoffs are imminent in next few months. I started interviewing and cleared a technical manager position interview in another company . Is there any challenge with my immigration H1B... Read more »

Adan Vega
Adan Vega answered on May 5, 2022

You should consult in private with an experienced immigration attorney to assist you with this matter.

Good luck to you.

1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested for theft by fraud , but wasn’t charged .They confiscated cash from my paycheck I had can I Get it back
Andrea Short
Andrea Short answered on May 5, 2022

Hello! Getting arrested for fraud/theft is always going to be a sticky situation because there are so many factors that will contribute to the type of legal advice I can give.

First and foremost, I recommend speaking with us to have a free consultation so we can go over the specifics as it...
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1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: Can you get your case dismissed in Arizona before trial if you can prove the other party had a motive to fabricate?

If so, where is the case law that I can use in a motion to dismiss?

In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was... Read more »

Stephen M Vincent
Stephen M Vincent answered on Apr 30, 2022

No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.

A Motion to Dismiss is only appropriate where there...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: I purchased property in Arizona paid cash have the receipt but now she refuses to quit deed it.

I have the receipts as well as a quit deed copy that was emailed to me but not notarized. She now refuses to go to the county the county and put this land in my name what can I do

Sean Woods
Sean Woods answered on Apr 29, 2022

The details of this case are necessary to provide specific answers. However, generally, the chain of title should be recorded with the County's Recorder's Office.

In this situation - when the seller refuses to transfer title - you typically would file an action in the Superior...
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1 Answer | Asked in Contracts and Civil Litigation for Arizona on
Q: so if a case is 12k and the attorney wins under ars 12-341.01 what will the award possibly be? if the case was lost.
Sean Woods
Sean Woods answered on Apr 29, 2022

Unfortunately, there are no easy answers here. I assume you are stating that the opposing party won. ARS 12-341.01 applies to attorneys fees in Breach of Contract cases.

If your case was a breach of contract case, you lost, and the opposing party is ordered as the prevailing party, then...
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1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Arizona on
Q: I received a civil lawsuit complaint &waiver of service summons form & not sure if I should sign it. I need assistance.

I am not sure if I should sign the waiver because I haven't had time or money to get legal advice. I already filed an answer denying the complaint saying I went to court for this incident.

Sean Woods
Sean Woods answered on Apr 28, 2022

While all cases are different, the waiver is a standard procedure in Arizona if the parties are in communication. It provides an additional time period beyond the normal Answer deadline for a party to file an answer.

Waiving service saves costs and gives the person answering 60 to respond...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: Once I have completed my conviction for a DUI, can I get the conviction set aside?
Andrea Short
Andrea Short answered on Apr 27, 2022

Yes! Once you have completed ALL requirements for your DUI conviction, then you can apply for a Set Aside. All requirements means you have completed the jail, counseling, IID (if ordered in an extreme DUI), FINES, and anything else ordered by the judge. Usually most people are on a payment plan for... Read more »

1 Answer | Asked in Estate Planning for Arizona on
Q: how long does a lawyer or the firm retain copies of family trust documents
Nina Whitehurst
Nina Whitehurst answered on Apr 27, 2022

Retention periods vary from firm to firm. You would have to ask the particular firm what their retention period is.

retention periods vary from firm to firm. You would havr to

1 Answer | Asked in Business Law, Tax Law and Employment Law for Arizona on
Q: Have I been misclassified as independent contractor ? I have been running a business for someone for 8 yrs .

I only receive commission & 1099. I am asking for reimbursement for all necessary spending & maintenance costs as I’m out of pocket for all. I have had no time off, no health care , no overtime tho I am solely responsible for the business . I sign all client contracts as rep for... Read more »

Rebecca Hill
Rebecca Hill answered on Apr 26, 2022

You should call and attorney and request a case evaluation. Whether a 1099 independent contractor is misclassified is a fact specific analysis based on a number of factors.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Arizona on
Q: What are our options if our health insurance denied a $28,000 air ambulance claim stating it was medically unnecessary?

In August 2021, my spouse was evaluated in our rural/local emergency room. It was determined he had Covid pneumonia and needed to be admitted but the hospital was full. A bed was found in a location 3 hours away. We have emergency helicopter insurance, so they were arranged for the transport.... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 25, 2022

An Arizona attorney could advise best, but your post remains open for three weeks. Given the $28,000 at stake, this is probably something on which you may want to consider seeking the guidance of an Arizona attorney. Health care claims can involve state-specific health, insurance, and consumer... Read more »

1 Answer | Asked in Collections and International Law for Arizona on
Q: A Chinese Company reached out to me to recover money from past due accounts.

Sounds like an illegal scheme to me.

David Luther Woodward
David Luther Woodward answered on Apr 22, 2022

It could be!

I have received several offers of employment that included collecting and redistributing money, and every one of them was a dud. The usual ploy is that they send you a bogus cashier's cheque by courier, as you to clear the check (through your trust account, of course),...
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1 Answer | Asked in Estate Planning for Arizona on
Q: Can you get an EIN for a Revocable Living Trust prior to the Trustee's death.

I am the Successor Trustee for a relative's Revocable Living Trust. Can I get either a Tax ID Number (TIN) or Employer ID Number (EIN) for the Trust prior to the Trustor's death? The purpose being to smooth things out a little after the Trustor's passing and not for taxes prior to... Read more »

Ilene L McCauley
Ilene L McCauley answered on Apr 21, 2022

Thank you for your question. EIN and TIN are the same and are applied for on the same application.

The answer is you CAN get an EIN (Employer Identification Number) or TIN (Tax Identification Number) for a Trust, but it generally is not a good idea. When the Trustor is alive, the Trust...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I have sole legal decision making and sole legal custody of my child. Can I move out of state with my child?

I have sole legal decision making and sole legal custody of my daughter. The mother only has phone contact and no parenting time. We want to move out of state to be closer to family. Am I allowed to move out of state with my daughter without the other parents permission. Mother is MIA and has a... Read more »

Stephen M Vincent
Stephen M Vincent answered on Apr 21, 2022

The overall answer to your question is the most common lawyer answer of all (and also the most disappointing lawyer answer): It depends.

It depends on what your Court order says about her rights:

LEGAL DECISION-MAKING

Sole legal decision-making does not include the right to...
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