Questions Answered by Peter H. Westby
Q: How do I file an objection to set aside administration? I question the validity of my dad's will.
Peter H. Westby's answer
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.
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.
Q: Guardianship or Power of attorney? My son 39yrs, an adult. SMI and schizophrenic. I think he is getting worse. I am Mom.
1 Answer
| Asked
in
Family Law, Civil Litigation and Civil Rights
for
Arizona
on
Answered on Apr 8, 2019
Answered on Apr 8, 2019
Peter H. Westby's answer
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.
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.
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
Peter H. Westby's answer
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 sensitive. Legal rights can be lost if you do not act promptly.
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 sensitive. Legal rights can be lost if you do not act promptly.
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
Peter H. Westby's answer
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 exceptions where this is not true. I recommend reviewing this matter with a real estate attorney. Once your attorney reviews your contract and learns all of the facts he or she will be able to let you know...
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 exceptions where this is not true. I recommend reviewing this matter with a real estate attorney. Once your attorney reviews your contract and learns all of the facts he or she will be able to let you know...
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?
Peter H. Westby's answer
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 case and I hope that you and your landlord can resolve it amicably.
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 case and I hope that you and your landlord can resolve it amicably.
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
Peter H. Westby's answer
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 your business.
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 your business.
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
Peter H. Westby's answer
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 marriage. Once your attorney knows all the facts there may be other action to be taken that will be of help.
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 marriage. Once your attorney knows all the facts there may be other action to be taken that will be of help.
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's answer
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 follow the eviction procedures set forth in the Arizona Residential Landlord Tenant Act, ARS 33-1301 et. Seq.
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 follow the eviction procedures set forth in the Arizona Residential Landlord Tenant Act, ARS 33-1301 et. Seq.
Q: Sold AZ house as trustee via broker, now buyer want money for non-permitted construction, Should broker handle?
Peter H. Westby's answer
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.
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.
Q: Are creditors suppose to send you proof after paying off a garnishment?
Peter H. Westby's answer
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 investigate with the judgment creditor to learn the status. If needed, the judgment creditor can be compelled to issue a satisfaction of judgment upon receiving payment in full. See ARS 12-1598.12....
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 investigate with the judgment creditor to learn the status. If needed, the judgment creditor can be compelled to issue a satisfaction of judgment upon receiving payment in full. See ARS 12-1598.12....
Q: What's the chances the court case they're attempting to bring in the state of arizona will be thrown out
Peter H. Westby's answer
A choice of jurisdiction clause in a contract can be enforceable, so there is a good chance that the lawsuit may need to be transferred to the agreed upon jurisdiction. However, this will not happen automatically. Your attorney will need to raise the issue properly so your Judge can decide it. If not raised in a timely fashion, this issue could be waived.
A choice of jurisdiction clause in a contract can be enforceable, so there is a good chance that the lawsuit may need to be transferred to the agreed upon jurisdiction. However, this will not happen automatically. Your attorney will need to raise the issue properly so your Judge can decide it. If not raised in a timely fashion, this issue could be waived.
Q: Arizona- my mom has passed-left me with titles to mobile home signed and notorized-part of estate ?
Peter H. Westby's answer
Since your Mom gave you the signed and notarized titles to her home, it appears that she may have intended a gift to you before she died. If so, the mobile home would not be part of her estate. I recommend discussing Mom's estate with a probate attorney. A probate attorney will be able to let you know if your Mom's estate requires administration and, if so, what should be done.
Since your Mom gave you the signed and notarized titles to her home, it appears that she may have intended a gift to you before she died. If so, the mobile home would not be part of her estate. I recommend discussing Mom's estate with a probate attorney. A probate attorney will be able to let you know if your Mom's estate requires administration and, if so, what should be done.
Q: An ex attorney as a resident agent was served a summons on a llc that i had i have not been served. Do I need to respond
Peter H. Westby's answer
I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.
I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.
Q: Father passed and life insurance beneficiary died prior.
Peter H. Westby's answer
Since the policy beneficiary predeceased your father, in order to collect the policy benefits you will need to either probate your father's estate or use a small estate affidavit if the estate is small enough (less than $75,000.00) to make the affidavit procedure applicable. See ARS 14-3971
Since the policy beneficiary predeceased your father, in order to collect the policy benefits you will need to either probate your father's estate or use a small estate affidavit if the estate is small enough (less than $75,000.00) to make the affidavit procedure applicable. See ARS 14-3971
Q: Is it wrong for a company to hire a replacement before I even sign any paperwork saying I'm leaving or transferring
1 Answer
| Asked
in
Employment Law, Business Law and Employment Discrimination
for
Arizona
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Peter H. Westby's answer
No, Arizona is an "at will" employment state and, unless you are working under an employment contract, your employer is free to make staffing changes at any time.
No, Arizona is an "at will" employment state and, unless you are working under an employment contract, your employer is free to make staffing changes at any time.
Q: We are representing a seller whose property is 0.5 acres & is bounded by Salt River Project and two other properties.
Peter H. Westby's answer
A buyer would need to obtain an access easement from one of the adjoining landowners. In many cases, there is access that has been used over the years and turning this into legal access by obtaining an easement can often be done with the cooperation of an adjoining landowner. If there is no cooperation, legal access can be obtained by opening a private way of necessity per ARS 12-1201, et. seq. by legal action in the Superior Court.
A buyer would need to obtain an access easement from one of the adjoining landowners. In many cases, there is access that has been used over the years and turning this into legal access by obtaining an easement can often be done with the cooperation of an adjoining landowner. If there is no cooperation, legal access can be obtained by opening a private way of necessity per ARS 12-1201, et. seq. by legal action in the Superior Court.
Q: I bought a 4plex, found mold and water leaks were not disclosed. Inspections proved covered/hidden mold. Next steps?
Peter H. Westby's answer
This is a serious matter. If you have tenants living in the property you must re-mediate the mold immediately and take steps to protect your tenants. Based upon your tenant's comments, you appear to have a good claim against your seller and his agents for the active concealment of this issue. I recommend speaking with a real estate attorney to discuss in more detail. Your attorney will be able to let you know your legal rights and help you recover all of your damages. In addition, I...
This is a serious matter. If you have tenants living in the property you must re-mediate the mold immediately and take steps to protect your tenants. Based upon your tenant's comments, you appear to have a good claim against your seller and his agents for the active concealment of this issue. I recommend speaking with a real estate attorney to discuss in more detail. Your attorney will be able to let you know your legal rights and help you recover all of your damages. In addition, I...
Q: I just moved in an apartment in Arizona and there is a roach infestation. Can I break the lease and move out
Peter H. Westby's answer
What you describe sounds like it might amount to a breach of your lease by your landlord. I recommend speaking with your property manager and negotiating an early lease termination if possible. If this is not possible, you can unilaterally break your lease and leave, but this may result in a cost. You might be sued by management. Then a judge will decide if your leaving was justified or not. But, in the meantime, you will be living in a home that is not roach infested. You have to decide...
What you describe sounds like it might amount to a breach of your lease by your landlord. I recommend speaking with your property manager and negotiating an early lease termination if possible. If this is not possible, you can unilaterally break your lease and leave, but this may result in a cost. You might be sued by management. Then a judge will decide if your leaving was justified or not. But, in the meantime, you will be living in a home that is not roach infested. You have to decide...
Q: We signed a contract for a new build and would like to get out of it. We gave them a $30,000 earnest deposit.
Peter H. Westby's answer
You can usually cancel your contract. Obtaining your earnest money deposit can be difficult. Builder contracts often provide that earnest money deposits are non-refundable. Sometimes you can negotiate a partial refund. Sometimes the reason for cancellation can give you some help, such as the inability to obtain financing. I recommend reviewing your contract with a real estate attorney and get advice as to your legal rights and best options.
You can usually cancel your contract. Obtaining your earnest money deposit can be difficult. Builder contracts often provide that earnest money deposits are non-refundable. Sometimes you can negotiate a partial refund. Sometimes the reason for cancellation can give you some help, such as the inability to obtain financing. I recommend reviewing your contract with a real estate attorney and get advice as to your legal rights and best options.
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