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Questions Answered by Peter H. Westby

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Arizona on

Q: Can an arizona landlord terminate a lease for renovation purposes?

Peter H. Westby answered on Jul 11, 2019

This is possible. It depends upon the terms of the lease as well as other pertinent facts. I recommend that you review this with a real estate attorney. Once your attorney reviews your lease and knows the facts, he or she will be able to let you know your legal rights and best options.

1 Answer | Asked in Business Law and Employment Discrimination for Arizona on

Q: Can my business partner take everything we had because I wasnt on the LLC?

My business partner and I started a restaurant from the ground up. We raised the money on kickstarter and this was my first venture as a business owner. She had many other businesses. When we went to get the business license she told me that I coudnt be on it cause I had bad credit. We have made... Read more »

Peter H. Westby answered on Jul 8, 2019

Not being a member of the LLC is a disadvantage. But it sounds like you may have sufficient proof to establish that you were a partner in this business and, if so, you may be entitled to your share of any net sales proceeds after payment of the bills of the business. I recommend consulting with... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: I submitted for a refund of an admin fee from a property manager May 14th. Well past the 14 days allowed. What can I do?

I have emails confirming May 14th and the only follow up I have received is telling me to just wait longer for my money. I saw online they have 14 business days to provide this refund legally. We are beyond that threshold and Shelton-Cook (Property Manager) has stopped communicating with me... Read more »

Peter H. Westby answered on Jun 10, 2019

Assuming your situation falls within ARS 33-1321, you can file a civil lawsuit against your former landlord to seek a judgment for the money owed. Once you have your money judgment you can use other civil remedies such as execution and garnishment to attempt collection. However, when you file a... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: Singned a 12 month lease eight years ago. Never renewed a lease since. Owner said next month rent is increasing. Legal?

Peter H. Westby answered on Jun 7, 2019

Probably legal. In most cases you would be on a month to month tenancy after the expiration of your original lease term unless the lease is renewed by you or renews automatically. If you are on a month to month tenancy, the landlord can increase rent on 30 days notice. If you are on a renewed... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on

Q: What can I do to remove someone that has decided to squat in a vehicle on our property

Lived next door just moved in asked to leave but still there now demanding electric services

Peter H. Westby answered on Jun 4, 2019

If you are the property owner you should call the police and have the person removed as a trespasser. If you are a tenant, your landlord should handle by having the trespasser removed. If the police will not or cannot help, I recommend consulting with an attorney. You may need to take legal... Read more »

1 Answer | Asked in Real Estate Law and Probate for Arizona on

Q: How do I find out if my stepfather had a will?

My stepfather has been dead since 1977. My Mother died in 2016. She willed her home to me. I am trying to sell the home and now the court wants proof that my stepfather no longer owns half of the property? What do I do? I need a will to prove he left it to my Mother but do not know how to find it.

Peter H. Westby answered on May 2, 2019

From the facts you provided, I am assuming that your mom and stepfather held title to their home as tenants in common. To find a will, I have seen ads run in legal periodicals inquiring about a will for deceased individuals. You can also check with the Superior Court in the county where your... Read more »

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Arizona on

Q: My fiance and I are trying to assume her parents property in AZ. We live in WA and not sure how the process would work.

We dont want to go through an agent. Just wanna refinance their current mortgage to have our names on it.

Peter H. Westby answered on May 2, 2019

You have described what amounts to a purchase of a home. A purchase contract is needed and I recommend that an escrow be opened with a local title company to handle the transfer. Then you would apply for a new loan to pay off the existing financing on this property. Your lender will also want... Read more »

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1 Answer | Asked in Probate for Arizona on

Q: MY SISTER IS PR, OF OUR MOMS ESTATE, SHE IS USING FUNDS FROM OUR MOTHERS RV PARK TO LET HER DAUGHTER AND SON IN LAW

LIVE THERE RENT FREE, SHE HAS SABATAGE THE SALE OF THE PROPERTY FOR 1.75K AND WE FEEL SHE IS NOT DOING HER JOB AS PR.

WHAT CAN MY BROTHER AND I DO?

Peter H. Westby answered on May 2, 2019

Where a Personal Representative is doing a poor job, the court can remove her and appoint a new Personal Representative. I recommend discussing the facts of this matter with a probate attorney. Your attorney will let you know if the circumstances are sufficiently egregious to make it likely that... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: My neighbor is disputing our property line and what do we need to do to gain our property back?

She does not own the home, deed is in her deceased fathers name. She will not talk to us when we asked to discuss extending wall down our driveway, she built a retaining wall that goes 5 feet into our property a while ago

Peter H. Westby answered on Apr 25, 2019

I recommend that you discuss this matter with a real estate attorney. If your neighbor is making a claim to a portion of your lot you must take prompt legal action to reclaim your land before too much time goes by. If you do not, it is probable that your neighbor will become the owner of the... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Probate for Arizona on

Q: can the sole heir and named trustee of a trust still claim his inheritance years after the death of the grantor?

in az, two cousins each inherited from their parents seperate trusts for half interest in a family owned apartment building, owned free and clear, and fully occupied at all times. One was the manager and lived in the house of the other, adjacent, built by his parents, but not included with the... Read more »

Peter H. Westby answered on Apr 22, 2019

This is theoretically possible but the matter would need to be carefully researched. Much can happen in 15 years and you need to know as much as possible about this trust, its assets and their administration. I recommend hiring a probate attorney to assist you in determining the facts and to... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on

Q: How do I file an objection to set aside administration? I question the validity of my dad's will.

He was sequestered from me by my brother, a new will was produced dated 6 days before he died of cancer, specifically excluding me and naming my brother sole beneficiary and I did not receive proper notice of the hearing. My other brother, though estranged, was not listed in the will as a... Read more »

Peter H. Westby answered on Apr 17, 2019

This is a complicated matter and I strongly recommend that you hire a probate lawyer to assist you. Since the proceeding is in Nevada, you should speak with a Nevada probate lawyer.

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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Arizona on

Q: Guardianship or Power of attorney? My son 39yrs, an adult. SMI and schizophrenic. I think he is getting worse. I am Mom.

He still lives with me. He also has legal fines, court dates that he misses, is on probation and just seems to be digging this hole deeper and deeper. I want to help him.

Peter H. Westby answered on Apr 8, 2019

A guardianship would give you the most control and the most help. Check with your son's physician to see if the physician would support a guardianship.

But speak with someone you trust before commencing this legal procedure. This will be a most difficult task even with a guardianship.

1 Answer | Asked in Real Estate Law for Arizona on

Q: how can a fully owned home with no taxes liens, judgments etc. are owed be sold in a sheriff auction w/ NO prior notice

there are no HOA or relative fees owed by the owner of the house mortgage is paid taxes are paid etc yet some lawer from Scottsdale is chasing after a fee in which the homeowner never hired to begin with and ended up getting a judge to sign something so the house was sold under sheriff auction and... Read more »

Peter H. Westby answered on Mar 20, 2019

Your question cannot be answered until a real estate attorney reviews all of the documents and facts to learn exactly what happened. I recommend that you immediately consult with a real estate attorney and have this investigated so that you will know your legal rights and options. This is time... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: We were in a contract to buy a home. We had a pre-qual letter when we negotiated the contract. We put up $2000 earnest

The financing fell through now the seller wants the earnest money, does he have a right to it?

Peter H. Westby answered on Feb 27, 2019

Your rights and the sellers' rights are governed by your contract. If you are using the standard form contract commonly used in Maricopa County there is a financing contingency that, in most cases, allows the return of your earnest money where you cannot get financing. But there are many... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: I’m charged with 12 months of late fees at the end of lease. I was never told my rent was arriving late. Is that legal?

Is a landlord required to inform me that my rent is late at the time it is received? I obviously would have altered the way I was paying if I knew it was arriving late and that I would be accruing $650 in late fees... I paid in money orders, so there’s no way for me to confirm when it was... Read more »

Peter H. Westby answered on Feb 25, 2019

You may have grounds to fight this. So long as your lease does not provide otherwise, you might have an argument that your landlord waived his late fees by continuing to accept your rent without objection and without posting the late fees to your account as they accrued. This is a small dollar... Read more »

1 Answer | Asked in Business Law for Arizona on

Q: A partner and myself own a LLC in the state of Arizona. He passed away. He was the statutory agent. I filed a resolution

Changing the address of the company to my address and appointing myself as the new statutory agent as the only surviving member. His heirs are now threatening to dissolve the company. Can they do that? The company was not part of their family trust.

Peter H. Westby answered on Feb 21, 2019

The family of the deceased member might be able to dissolve your LLC. Your Operating Agreement may be of help. It may have provided a succession plan in the event one of the members died. I recommend that you consult with an attorney concerning your legal rights and best options for preserving... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: I am currently engaged and purchasing a house in AZ. My name is solely on the mortgage. I will close on the house 2

Weeks before we get married. What is the best way to take Title in order to protect myself if we were to get divorced in the future?

Peter H. Westby answered on Feb 7, 2019

To protect yourself in the event of a divorce, it would be good to take title in your name alone as an unmarried man and then follow up with a well drafted ante-nuptial agreement that is negotiated and signed before your marriage takes place. I recommend consulting with an attorney prior to your... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on

Q: In Arizona can I kick a house guest out? I've hear after 3 day the law has to be involved...

Peter H. Westby answered on Jan 15, 2019

You can ask a guest to leave at any time. If the guest refuses, you can have law enforcement assist. This can become complicated if the guest has lived with you for a lengthy period of time or has assisted you with living expenses. Then the "guest" may claim to be a tenant and you may need to... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Arizona on

Q: Sold AZ house as trustee via broker, now buyer want money for non-permitted construction, Should broker handle?

Broker paid buyer $25K, Based on Title Insurance. Now buyer want money from estate for additional fees. The sale was 2 years ago.

House was build in early 60s, I am not aware of any modifications made by deceased. I disclosed that I am not aware of any such issues. I have no knowledge of... Read more »

Peter H. Westby answered on Jan 7, 2019

I recommend speaking with a real estate attorney about this matter. You were acting on behalf of the the seller trust and the trust may have liability. Your position should be evaluated by an experienced attorney before you make any decisions.

1 Answer | Asked in Civil Litigation for Arizona on

Q: Are creditors suppose to send you proof after paying off a garnishment?

I had defaulted on a judgement that resulted in a wage garnishment. I mailed in my last payment amount in December of 2018 with a letter requesting that they went to court to satisfy the judgment. My question is does the creditor have to send me something in the mail stating that the judgement is... Read more »

Peter H. Westby answered on Jan 7, 2019

When a judgment is paid in full, the judgment creditor is required to file a satisfaction of judgment with the court. Usually a copy is sent to the judgment debtor. Completion of a garnishment should result in the judgment being paid in full but there is no guarantee that this is so. I would... Read more »

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