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Questions Answered by Peter H. Westby
2 Answers | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled any part of the family owned business.

I was the bosses daughters boss at another job. We ended up getting married but before we got married, the dad asked me to come work for him. I worked there for 16 yrs and ran the place for 10-12 yrs. Parents of wife said that I would always have job if we ever got divorced. Part of the business... Read more »

Peter H. Westby
Peter H. Westby answered on Sep 19, 2020

You may be entitled to a portion of any community interest in this business. But from the information you provided, it is not possible to tell. I strongly recommend that you discuss this with your divorce lawyer. Once your lawyer knows the facts, he or she will be able to let you know your legal... Read more »

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1 Answer | Asked in Real Estate Law for Arizona on
Q: I have been letting my wifes nephew live in my Mobile home rent free. I want to start charging rent. Can I?
Peter H. Westby
Peter H. Westby answered on Sep 14, 2020

Yes, you can start charging rent. But you will first need to terminate the current tenancy according to the terms of the Arizona Residential Landlord Tenant Code and any rental agreement or lease that may exist. Once the existing tenancy is terminated, you will be free to negotiate a new tenancy... Read more »

1 Answer | Asked in Business Law and Employment Law for Arizona on
Q: if i have a non compete with a former employer and that owner sells the company is the non compete still valid?
Peter H. Westby
Peter H. Westby answered on Aug 11, 2020

It might still be valid. This depends upon how the sale was structured and the agreements made with the buyer. I recommend that you discuss with an employment law attorney before you make any decisions.

1 Answer | Asked in Real Estate Law for Arizona on
Q: My brothers & I own a home & one of them wants to add my 1/2 brother onto the deed. Can he do this w/o our consent?

He wants to sell & my other brother & I don't. He's trying to get a my 2 other half bro's on so he can take us to court & make us sell. My father just passed in Feb. & The others just want their cut & to move on. But the property was never in my dad's name.... Read more »

Peter H. Westby
Peter H. Westby answered on Aug 9, 2020

If your brother wants to sell and the other owners do not, your brother can often force a sale by filing a partition action in the Superior Court. The Court will appoint a special commissioner to sell the home and the Court will decide how the sale proceeds will be divided if the brothers cannot... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Does AZ. Have a legal time frame for right of ingress and egress being grandfathered ?

Neighbor says my driveway is on his property. Current configuration has been established for 17 years. I have owned for 3 years. No mention of this until 7/28/20 .

Peter H. Westby
Peter H. Westby answered on Aug 9, 2020

Arizona has statutes of limitation for recovery of real property that has been appropriated and used exclusively by another--such as your driveway. If action is not taken to recover such property, the user of the property can apply to the court to become its owner under the doctrine of adverse... Read more »

1 Answer | Asked in Civil Litigation, Intellectual Property and Divorce for Arizona on
Q: Our car was in both of our names. She trade in our car for a car in her name only. Can she do this without my signature.

I'm without a car.Is there anything I can do to get my car back from the dealer.

Peter H. Westby
Peter H. Westby answered on Jul 29, 2020

She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the... Read more »

3 Answers | Asked in Probate for Arizona on
Q: My mom died without a will Dec 2, 2019. Her only major asset is the house, located in Park Scottsdale.

There is a reverse mortgage and credit debts, as well as this year's property tax, probably totalling a little over $300,000. This area is being re-developed- a teardown was bought across the street and the new build sold for 1,150,000. Our lot is about 1/4 acre, to be sold as is. How do I... Read more »

Peter H. Westby
Peter H. Westby answered on Jul 27, 2020

If you believe that the equity value (fair market sales price less the amount of the mortgage loans) of Mom's home exceeds $100,000.00 then I would recommend filing an informal probate. If less than $100,000.00 a small estate affidavit could be used. A realtor with listings in your area can... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: Dad died w/o a will. Only has a home with $50k in equity, and $8-10k in debt. Would I be required to sell to pay debt?

I have 3 siblings that do not want anything from estate. I have lived in the home for the last 6 years, and cannot afford to rent another home or apt. I would like to stay in the home and take over payments if possible. Would I be able to do just a small estate transfer, or informal probate?

Peter H. Westby
Peter H. Westby answered on Jul 24, 2020

This estate appears to be small enough that it could be administered by using the small estate affidavit process provided all estate heirs cooperate. However, under Arizona law, provision must still be made for debt. Since the estate is small, perhaps some of the debt might be forgiven by the... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: When my father died, with a will he left me some things. My brother, the executor, never transferred anything to me nor

Told me I was due anything. He closed the will notifying the judge that I had received the property. He has since died. Can I recover this property? Is the will still valid?

Peter H. Westby
Peter H. Westby answered on Jul 24, 2020

This is a complicated issue and you have provided insufficient facts to determine what your best options may be. I recommend reviewing this matter with a probate attorney. Your probate attorney can learn all of the facts and let you know what can be done at this time.

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3 Answers | Asked in Probate for Arizona on
Q: Can a PR (who is also a beneficiary) withhold inheritance until beneficiary sign a waiver/release/contract?

And Does a beneficiary have to waive all their rights in order to get an inheritance?

Peter H. Westby
Peter H. Westby answered on Jul 20, 2020

It is customary to sign a waiver at the time an estate is distributed. But you do not need to waive your rights. Instead, you may enforce your rights by bringing any claims or concerns you have before the Court. The Court will address your concerns and can order distribution. This process may... Read more »

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3 Answers | Asked in Probate for Arizona on
Q: What are my rights on firing my current lawyer in the middle of a probate case
Peter H. Westby
Peter H. Westby answered on Jul 15, 2020

In Arizona you can discharge your lawyer at any time-with or without cause. Once discharged, your lawyer will withdraw as counsel and you will be responsible for handling all pending matters in your probate case. This can be difficult under some circumstances. I recommend consulting with... Read more »

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1 Answer | Asked in Family Law and Real Estate Law for Arizona on
Q: I ended a relationship and both our name are on the mortgage. How do i either sell the home or get off the mortgage

She believes the house is hers alone and that i was only there as long as she agreed to it.

Peter H. Westby
Peter H. Westby answered on Jul 13, 2020

I am assuming that you and your ex did not have a domestic partnership agreement or other written agreement concerning the assets acquired during the course of your relationship. Absent such an agreement, and generally speaking, if your name is on the Deed to this home in addition to the mortgage,... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: I have accepted a job offer and I now want to rescind my acceptance, the job is at will, will I face legal repercussion
Peter H. Westby
Peter H. Westby answered on Jul 13, 2020

You could have legal consequences. It depends upon the facts of the situation and any document or agreement that you may have signed. I recommend speaking with an employment law attorney to learn your legal rights and options before making a decision.

3 Answers | Asked in Probate for Arizona on
Q: Mom died with no will. Car is paid for but home is in forclosure. Do I still file in probate court?

Mom left no payable life insurance and hardly any $ in her checking account.

I am last surviving child and I paid for cremation services but can't afford to pay off her debt or save the house which is financed to the max, there is no equity in the home.

The car might bring... Read more »

Peter H. Westby
Peter H. Westby answered on Jul 7, 2020

A probate may be helpful because it would enable you to sell the home before it is foreclosed upon. This is an option that you might consider if there is substantial equity in the home. A probate would also allow you to sell the car. If the amount of equity in Mom's home is less than... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: Deceased Grandfathers, (will loffice complex in his name , where son works and lives , dad dies ,(will) wife wants it ..

Son is in grandfather will , wife wants to use fathers will , its in gtandfathers name still , who gets it ?

Peter H. Westby
Peter H. Westby answered on Jun 27, 2020

You have provided insufficient information to answer your question. This is an important matter and I strongly recommend that you consult with a probate attorney to get answers that you can trust.

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My dad died w/no will. He was divorced, and got house but never had ex's name rmvd. Does she get house now?

The deed is a joint tenancy with rights of survivorship. His ex wife never had her name removed from deed. So would the house automatically still go to her?

Peter H. Westby
Peter H. Westby answered on Jun 25, 2020

It should not go to the ex wife because of the divorce decree and because the divorce automatically terminated her right of survivorship under Arizona law. But she is now in a position to possibly take advantage. I recommend contacting a probate attorney immediately to take action to protect this... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: I'm in a home rental which expires end of Jan2021. i was informed that homeowners getting divorced, can i keep lease

I'm in a home rental which expires end of Jan2021. i was informed that the homeowners getting divorced, can i keep lease? Or can they terminate my lease? I have never missed a payment, i pay 2 weeks early and never had any complaints or issues. I want to stay... Do the homeowners have to honor... Read more »

Peter H. Westby
Peter H. Westby answered on Jun 15, 2020

The homeowners' divorce does not impair your rights under the lease and is not, by itself, grounds for lease termination. So long as you pay your rent, you should be allowed to complete your lease term unless your lease contains provisions that would allow the owners to terminate early.

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2 Answers | Asked in Probate for Arizona on
Q: I am a trustee of my fathers estate and today i got a copy of a motion to disinherit me in the copy of the motion

i read that just a few days ago a judge ruled that the trust was invalid which in az i should of been notified in writting of that my sisters contesting the trust and i never recieved anything let alone a date that it was going to be in from of a judge now she put in a motion to get me disinherited... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 21, 2020

You need to hire a probate attorney immediately to review this matter and advise you. Once a motion is filed and sent to you there is a very short time window to respond. This is an urgent matter.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: I bought my home with a friend we are both legally the owners of the home. He does not live in this house anymore

I’m just looking for any further legal information that I could be aware of. So that he knows what’s in state for him and also for me of course.He has not paid the mortgage for about a year since he moved out he does not pay electric bills water bills or even any other home repairs that were... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 20, 2020

You and your friend remain partners in this home. He may continue to participate in any appreciation in value along with you. You can terminate the partnership by buying him out. You may need to refinance to do this. Or you can sell the home and divide the proceeds in a way fair to both of you.... Read more »

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Am I able to evict my fiance's adult daughter?

She had no place to go after her lease was up back in charlotte NC. My fiance and I let her move in with us in Buckeye Arizona. She was told the rules in the household including: getting a job, coming home at a decent hour if she went out, assist in household chores, and pay for room and board... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 20, 2020

Are you the owner of this home? Will you have your husband's support? If so, you and your husband can evict your husband's daughter. Governor Ducey has issued an Executive Order placing a temporary stay on residential evictions. If your circumstances are covered by this order, your... Read more »

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