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Questions Answered by Peter H. Westby
2 Answers | Asked in Probate and Business Law for Arizona on
Q: Mother passed away without a will; does her 50% LLC go to us?

My mother recently passed away without a will or trust. She had been engaged for a long time but never married her fiancé. Together, they owned an LLC, with each holding a 50% membership. My mother filed a K-1 each year and paid 50% of the business taxes. Since her passing, her fiancé has refused... View More

Peter H. Westby
Peter H. Westby
answered on Jun 27, 2025

It sounds like you may have a claim to your mom's interest in her LLC. Your mom and her fiance may have had an operating agreement. The terms of the operating agreement will often have a provision for the death of one of the members of the LLC. I recommend speaking with a probate attorney.... View More

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2 Answers | Asked in Real Estate Law and Family Law for Arizona on
Q: How is jointly owned property split for unmarried couples in Arizona?

I purchased a property and home in December 2022 with my partner, and it's in both of our names. We are an unmarried couple living in Arizona, and we don't have any written agreement regarding the property. If we decide to separate, how is jointly owned property typically split under Arizona law?

Peter H. Westby
Peter H. Westby
answered on Apr 18, 2025

If you and your partner decide to separate, and assuming you cannot agree concerning your jointly owned home, a partition action can be filed with the superior court to force the sale of the home. The court will appoint a real estate agent to sell the home and then will decide how the net sales... View More

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2 Answers | Asked in Business Law and Estate Planning for Arizona on
Q: Surviving spouse responsibility for spouse's business debt in AZ?

In Arizona, my spouse incurred debt during our marriage for business expenses, but the credit was solely in their name. We have a will and a trust as part of our estate plan, but there are no existing agreements regarding debt. Am I, as the surviving spouse, responsible for this debt?

Peter H. Westby
Peter H. Westby
answered on Apr 2, 2025

Arizona is a community property state. You can be responsible for debts contracted by your husband. But this is a business debt. More information is needed to determine your liability, if any. I recommend that you consult with an attorney. Your attorney will need to know how the buisiness was... View More

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2 Answers | Asked in Probate, Tax Law and Business Law for Arizona on
Q: How to handle intestate estate and tax liabilities in Arizona?

My father passed away intestate in Arizona and owned a small manufacturing business that makes cabinets and does epoxy floor coatings. He had an unspecified tax liability and no other significant assets, except for a small personal bank account. How should I proceed with handling his estate and... View More

Peter H. Westby
Peter H. Westby
answered on Apr 1, 2025

The first step is to determine the value of the assets in your father's estate and also the amount of the debts. Your father's CPA may be able to help. Or you may need to hire a business appraiser or business broker to determine the business value. If there is no real property and the... View More

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2 Answers | Asked in Collections, Contracts and Civil Litigation for Arizona on
Q: Ex-husband owes me $48,051, promised repayment but is out of country till mid 2025. Legal options?

I lent my ex-husband a total of $48,051, depositing $15,000 on November 4, 2024, and $33,051 on November 14, 2024, directly into his checking account. He promised via text to repay me before leaving the country in January 2025. Since he left, I have made numerous attempts to contact him through... View More

Peter H. Westby
Peter H. Westby
answered on Mar 17, 2025

Before your ex returns you should hire a private investigator to update your knowledge of his assets and income. Next, hire an attorney to file a collection lawsuit and ready it for service upon your ex when he returns. The suit should be filed shortly before his return. This will not guarantee... View More

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2 Answers | Asked in Real Estate Law and Probate for Arizona on
Q: Am I required to sign a new quitclaim deed due to title cloud after selling property?

In January 2023, I sold a property and signed a quitclaim deed over to the buyer, which was recorded in February 2023. Recently, the buyer's attorney claimed I need to sign a new quitclaim deed as heir of my mother's estate pursuant to A.R.S. 12-1103(B). There was no estate, recorded... View More

Peter H. Westby
Peter H. Westby
answered on Mar 13, 2025

Presumably your January 2023 sale was handled by a title company and the buyer obtained a policy of title insurance guaranteeing that he was getting clear title to the home. More information is needed to determine what cloud, if any, exists. If there is a cloud, the buyer's title insurer... View More

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1 Answer | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for Arizona on
Q: How to inform court of witness role in AZ land case?

I am the only surviving witness to a real estate agreement in Mohave County, AZ, where a father gave his son a piece of land. This issue is part of a civil suit for breach of contract, with the plaintiff claiming that the son was supposed to return the land after one year. I realized my involvement... View More

Peter H. Westby
Peter H. Westby
answered on Mar 3, 2025

This can be complicated. You need to work through the lawyer for one of the parties. You and your testimony will need to be disclosed to opposing counsel and, If the lawyer determines that your testimony is crucial, the lawyer will need to inform the court of a recently discovered witness that he... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: Are home inspection reports in Arizona confidential and can realtors share them?

I am selling an older home in Arizona, and we've had multiple home inspection reports with conflicting results. After reporting inspectors to the Arizona licensing board due to false opinions and inconsistency, we received no help. Recently, our realtor provided one of these reports to a... View More

Peter H. Westby
Peter H. Westby
answered on Mar 3, 2025

In Arizona, both the realtor and the seller have a duty to disclose any information that may be material to a buyer. You can mitigate the impact of negative information by also disclosing positive information or, in your case, disclosing the inspector's reports that did not show anything... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Arizona on
Q: Dog jumped on friend, causing bleeding; court case filed.

I was not home when an incident occurred involving my emotional support dog and my granddaughter's friend. My granddaughter opened the door while the dog was inside the house, and upon opening it, the dog jumped on the little girl, resulting in her mouth bleeding. It's unclear if it was a... View More

Peter H. Westby
Peter H. Westby
answered on Feb 14, 2025

This sounds like a nuisance lawsuit. I recommend reporting this claim to your homeowners insurance carrier. They will hire a lawyer for you to defend. Your lawyer will be an experienced insurance defense lawyer and will get all medical and other records to properly evaluate this claim.... View More

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: When a person is sued can they have every last penny they have be taken from them ?
Peter H. Westby
Peter H. Westby
answered on Jan 28, 2025

No. Some assets are exempt in Arizona such as house equity up to $400,000.00, IRAs, 401Ks, 90% of wages, social security, unemployment benefits, welfare and other assets. Most exemptions are set forth in Arizona statutes ARS 33-1101 to ARS 33-1153.

1 Answer | Asked in Probate for Arizona on
Q: Has it been too long?

My grandmother passed away in 2004 and my sister was the executor of her estate. The trust stated that my mother, my sister, and myself would split everything 3 ways. My sister refused to show us documentation of what the actual amount of the inheritance was, but after my mother passed away in... View More

Peter H. Westby
Peter H. Westby
answered on Jan 28, 2025

I need to know more of the facts before I can advise you. There are two issues here, not just one.

The first issue deals with this question: after 20 years, can you still take legal action? This is a statute of limitations issue. Under certain circumstances, the statute does not start...
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1 Answer | Asked in Banking, Consumer Law, Foreclosure and Real Estate Law for Arizona on
Q: A person makes a Mortgage pymt, the financial institution accepts and confirms, then puts pymt back in bank acct refuses

I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More

1 Answer | Asked in Personal Injury, Environmental and Landlord - Tenant for Arizona on
Q: If rental is uninhabitable and I was forced to leave do I need to give a prior notice? Landlord knows it's uninhabitable

Mold was making my family ill so we moved ourselves to a hotel in hopes the landlord would remedy it properly. That didn't happen and was made worse by exposing asbestos in dry walls. We found a new place but don't feel it necessary to give a 30 day or even 2 day heads up since they fully... View More

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More

2 Answers | Asked in Probate for Arizona on
Q: Should I wait until I'm officially her Personal Representative to notify her creditors of her death, or start now?

My sister died recently with a lot of debt, including a trailer that may be condemned. Since becoming a PR in Arizona takes time, I want to know if I must wait to notify her creditors until it's official. My concern is that interest and late fees will increase her estate's debt.

Peter H. Westby
Peter H. Westby
answered on Nov 12, 2024

You may notify creditors of your sister's death now and ask them to close accounts, etc. But you will still need to publish a notice to creditors when the probate is opened. I recommend that you consult with a probate attorney before you take any action. From the information you provided,... View More

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1 Answer | Asked in Real Estate Law for Arizona on
Q: If mom left me her home and the mortgage is in grandma's name can I be forced to sell?

Tennant with rights of survivorship is what the deed states gma is co borrower for the mortgage she's wanting off the loan and I don't qualify is there anything I can do to prevent her from selling my home also am I subject to an inheritance tax?

Peter H. Westby
Peter H. Westby
answered on Nov 12, 2024

As I understand your question; you state that your mom and you owned a home as joint tenants with right of survivorship. You inherited the home from mom. Grandmother is obligated on the house mortgage and wants to be relieved of this responsibility. She wants to sell the home and have the... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Can a will be in the form of a text message from the deceased?

My cousin passed and intended.tonpass along everything to me he stated this in a text. He was not able to complete a formal will prior to his passing.

Peter H. Westby
Peter H. Westby
answered on Sep 16, 2024

A text message is not a will in Arizona. In most cases in Arizona, a valid will must be signed by the decedent and witnessed. Or it must be wholly in the decedent's handwriting and signed by the decedent. Your text message appears to be an indication of the decedent's intent at the end... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: if you are guardian and conservator can you take the beneficiary's name off the trust and open one up in your name only
Peter H. Westby
Peter H. Westby
answered on Sep 12, 2024

If you are a guardian and conservator you are working under court supervision. It is strongly recommended that you be represented by counsel and clear all action with your attorney in advance of proceeding. You have provided insufficient information to properly evaluate the course of action you... View More

1 Answer | Asked in Civil Litigation for Arizona on
Q: I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena?

I live in AZ and have received a Notice of taking of deposition and request for production from TN. Is this a subpoena? If this is, does it have to be domesticated and adhere to the 100 mile rule? I am a defendant in ongoing litigation over an Estate and have recently received a Show Cause Order... View More

Peter H. Westby
Peter H. Westby
answered on Mar 6, 2024

The Notice of Deposition and Request for production are not subpoenas. These are discovery requests. If you are a defendant in pending litigation, your failure to respond to discovery requests or your failure to appropriately respond to the Show Cause Order might jeopardize your legal position.... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: HOA Directors and Management company's mismanagement is causing huge special assessment fees and loss in equity of home.

I own a single family residence in Mesa and the community association is in financial crisis. After speaking to the management company, who advised me to sell quickly, I found out that we are looking at first a very large special assessment, and then even then still there's a strong... View More

Peter H. Westby
Peter H. Westby
answered on Jan 24, 2024

You and the other homeowners may have a case against the board of directors for their mismanagement and breach of duty. From the information you disclosed, this should be considered. The directors may have purchased a policy of errors and omissions insurance coverage. If so, a claim could be... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: We purchased our home 2 years ago as is. Now the house is falling apart and we want them to pay for all damages.

My husband and I purchased our home almost 2 years ago. We have recently found out that they did not disclose everything truthfully. They stated that all piping was replaced, we found out a few months ago that there is a cast iron pipe running from the guest bath almost through the entirety of the... View More

Peter H. Westby
Peter H. Westby
answered on Jan 12, 2024

It appears that you have a non-disclosure claim against your seller and, possibly, against your seller's agent. Both have a duty to disclose. I recommend that you have your home inspected carefully by a licensed contractor. If your seller failed to disclose the items you mentioned, the... View More

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