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Questions Answered by Peter H. Westby
1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I filed on grandparents rights in Arizona and month ago and yesterday I text the respondent asking for her to contact my

Contact my parents because they're in bad Health let them see the grandkids she called gave me verbal permission that I can see the kids anytime I want does that close my case

Peter H. Westby
Peter H. Westby
answered on May 14, 2018

A verbal agreement is helpful but it does not close your case. Your case is closed when the court enters an order adjudicating the issues. Since you have an agreement, you might consider submitting a stipulated order to the Court that contains all the terms of your agreement. This is an... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Arizona on
Q: My father cosigned on my house. If he dies how do I keep my house.
Peter H. Westby
Peter H. Westby
answered on May 12, 2018

You must keep your mortgage payments current to keep your home. If your father is on the deed, you should check to see how you took title so that title will pass to you upon your father's death without need for a probate. It is common to take title as joint tenants with right of... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: what kind of lawyer do i need if i am going after my landlord for poor living conditions

Toxic mold, leaky pipes, and a list of repairs promised to be done but never have been done. Such as Garage door opener is not operational, dishwasher when draining leaks all over counter tops, storage area that was supposed to be cleaned out but never has. broken door knobs, leaky sink in upstairs... View More

Peter H. Westby
Peter H. Westby
answered on May 9, 2018

If this is a landlord -tenant issue, I would consult with a real estate attorney who specializes in landlord-tenant issues. If you are considering a claim for illness caused by the poor living conditions, I would speak with an attorney who specializes in toxic tort cases.

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I defaulted on my divorce court hearing, and ex was given sole custody, can I go to court and get joint?

My ex failed a drug test for meth, and is in a recent abusive relationship.

Peter H. Westby
Peter H. Westby
answered on May 2, 2018

You can go back to court to modify the current custody orders. Child custody, parenting time and child support can all be modified where there is a change of circumstance in most cases. Before you take any action, speak with a family law attorney. Your family law attorney will learn all of the... View More

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1 Answer | Asked in Real Estate Law for Arizona on
Q: Does the Seller have to disclose if there was a suicide in the house?

The husband killed himself ... bullet to the head. We don't know if it was on the property.

Peter H. Westby
Peter H. Westby
answered on May 1, 2018

Under ARS 32-2156 a suicide does not need to be disclosed. If this is important to you, ask. You may ask about anything you deem important and the seller should respond truthfully.

1 Answer | Asked in Real Estate Law for Arizona on
Q: My husband passed away from acute myeloid leukemia on March 10th 2018, there is no will and my name is not on the deed.

It was our intention to protect the house, it is my understanding I have to wait 6 months before applying to put my name on the deed. Do I have legal standing in acquiring the house and protecting it in the bankruptcy? The bankruptcy process was started and paid for, but my husband became too ill... View More

Peter H. Westby
Peter H. Westby
answered on May 1, 2018

Assuming that your husband had no children from a previous relationship you should be able to open an informal probate now and transfer the home to yourself. The six month period you mentioned applies when using a small estate affidavit to transfer title to your husband's home. There is no... View More

1 Answer | Asked in Family Law, Child Custody, Education Law and Intellectual Property for Arizona on
Q: Father kicked me out of the house and has important stuff, I'm 16. What can I do?

I'm 16 and living with my mother now 30 miles away from my school. I still have to go to school and im wondering if I could legally stay with a friend until school is out. My father also has a case my mother opened against him and his girlfriend for refusing to let me and my sister see her but... View More

Peter H. Westby
Peter H. Westby
answered on May 1, 2018

You should speak with your mother and the two of you should consult with her lawyer. Her family law lawyer can assist you in recovering your belongings.

1 Answer | Asked in Civil Litigation, Divorce, Estate Planning and Real Estate Law for Arizona on
Q: Does my deceased moms will have any power over house contract. What options do we have.

My mom and her x husband bought a house in 89 and then divorced about 10 years later. In their divorce the judge said for them to sell the house to split 50/50. Her x husband wasn't interested in the house he let it go into hawk and him and his new wife bought a house in another city. My mom... View More

Peter H. Westby
Peter H. Westby
answered on Apr 30, 2018

This is an issue involving a large sum of money. When dealing with something of this importance, you need to discuss with a real estate attorney. Your attorney will need to review the divorce decree and the deed to this home before he or she can answer your question.

1 Answer | Asked in Probate for Arizona on
Q: Do you have to register a will with the probate court even when you aren't going to file any probate proceedings?
Peter H. Westby
Peter H. Westby
answered on Apr 27, 2018

No, a will does not need to be registered with the probate division of the superior court.

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: I owe arrears on child support. However, when the child turns 18, does the Courts automatically cease withdrawal orders?

1. Do i need to petition the courts to cease the withholding order?

2. Does the last day of the month of the 18th birthday automatically end support withdrawal?

3. Will the withdrawal continue to accumulate, until i submit for a modification?

Peter H. Westby
Peter H. Westby
answered on Apr 21, 2018

Child support withholding does not automatically terminate. You need to petition the court to terminate current child support, determine the amount of your support arrearage and obtain orders as to how this will be paid. This should be done in advance of your child's becoming 18 or... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Family court question.

I am a father, who has parenting time each week, I pay child support each month but have no legal custody. My daughters mom wants to home school our child next year. I want her to remain in grade school for second grade. She has been in school since pre-k. What motion can I file to have a judge... View More

Peter H. Westby
Peter H. Westby
answered on Apr 21, 2018

You will need to file a petition with the court to obtain joint custody and joint decision making under a comprehensive parenting plan. This might be a petition for paternity. I strongly recommend seeking the advice of a family law attorney concerning this important matter. If you are to have... View More

3 Answers | Asked in Estate Planning for Arizona on
Q: Is an out-of-state will valid in Arizona?
Peter H. Westby
Peter H. Westby
answered on Apr 20, 2018

An out of state will is valid in Arizona if executed with the same formalities as required by Arizona law. In most cases this means that it will have been validly signed and properly witnessed by at least two competent witnesses.

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: what do I do if I learned my former landlord sold my rental and the new landlord forged my name on a renewal lease?

I recently learned (I have proof) that on the day of the sale of my rental property (single family home), the new owner completed a new lease and forged my name. I have not had a true lease in effect since 05/31/2014.

Peter H. Westby
Peter H. Westby
answered on Apr 17, 2018

The first step is to have your original lease--the one you signed--reviewed by a real estate attorney. It may automatically renew by its terms. You may have the right to terminate. Once your attorney has reviewed the lease that you agreed to, he or she will be able to let you know your legal... View More

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Father dies, I am granted power of attorney. I try to sell the house and find there is a fraudulent quitclaim deed.

I believe that if indeed my father signed the deed, it was during a time in which he not of sound mind and able to do so; one month prior to his death. The quit claim deed was notarized, however when checking the books, my fathers signature was not there. There is a small mortgage left on the home... View More

Peter H. Westby
Peter H. Westby
answered on Apr 11, 2018

I recommend speaking with a probate attorney. It appears that you may need to open a probate for your father's estate and then, when a personal representative is appointed, the PR can address the issue of the wrongful quitclaim deed. A quiet title action may be needed. This will need to... View More

2 Answers | Asked in Divorce and Real Estate Law for Arizona on
Q: can a divorcing spouse sign a quitclaim deed to give up interest in property the other spouse is buying?

Wife is wanting to buy a home with a seller carry and husband says he'll sign a contract giving up interest in the purchase. Would that work and would it be a contract or a quitclaim deed and would that be recognized as legal during the final divorce? If they are legally separated, does that help?

Peter H. Westby
Peter H. Westby
answered on Apr 11, 2018

This can be done. A disclaimer deed would be a good choice. A quitclaim deed may work. Since wife is buying property as her sole and separate property, she should have her attorney assist with this transaction and she may want to consult her title company to see what instrument they need in... View More

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1 Answer | Asked in Real Estate Law, Business Law and Business Formation for Arizona on
Q: Real Estate AZ. I am not a licensed realtor but can I set up an LLC company and receive referrals through the LLC?
Peter H. Westby
Peter H. Westby
answered on Apr 9, 2018

You can set up your business as an LLC but, if you will be performing services for others that are traditionally performed by licensed agents in Arizona, you will need to employ a licensed person and perform services under his/her license.

1 Answer | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Arizona on
Q: My lease in Chandler, AZ says I have to pay a 2.5% tax, so if your rent is $1,000 per month, you will pay $25 tax

The issue is that the tax rate is 1.5% and the rental company takes the other 1% as an admin fee. They don’t disclose a monthly admin fee in the lease or tell you that the chandler tax is only 1.5%. I think this is deceptive but they are doing this to hundreds of renters. I’m also not sure... View More

Peter H. Westby
Peter H. Westby
answered on Apr 9, 2018

If your landlord is overcharging for tax you might consider a complaint to the Arizona Department of Revenue, TPT, Division. This is something that the State of Arizona may investigate and pursue.

1 Answer | Asked in Civil Litigation, Probate and Small Claims for Arizona on
Q: How long must we wait for property be released after completing a Small Estate Affidavit in Arizona?

We completed a Small Estate Affidavit for a storage unit facility refuses to grant access to the unit for 2 months. They claim they have to "verify" the Affidavit before allowing the heir any access to the property. It has been weeks, but still no access granted. How long can they... View More

Peter H. Westby
Peter H. Westby
answered on Apr 6, 2018

There is no waiting period for the use of a small estate affidavit. Access can be given immediately unless the contract signed with this business provides otherwise. I would demand immediate access unless they have something in writing and signed giving them the right to delay.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I am trying to relocate more than 100 miles with children father refuses to accept certified letter of intent.

I am trying to move in with my current husband we have been living separately due to a cost increase in daycare expenses I've had to take a demotion at work to have affordable child care which reduced my income and has made it hard to cover my living expenses. Their father is over 3000.00... View More

Peter H. Westby
Peter H. Westby
answered on Apr 4, 2018

I recommend seeking legal assistance. Without father's consent you will need to petition the court to approve your relocation. At the same time you should consider seeking a judgment for back child support, sanctions for non-payment and, perhaps, modification of child support. Your family... View More

1 Answer | Asked in White Collar Crime, Family Law and Child Custody for Arizona on
Q: can My gf take my son to California without my permission because I have a criminal warrant in another state

I have a warrant out for a business litigation issue in Michigan. My gf thinks that gives her the right to take my baby to California without my permission. She is the mother

Peter H. Westby
Peter H. Westby
answered on Apr 2, 2018

Your girlfriend is wrong. She is not a parent and does not have the rights of a parent unless you have delegated them to her using a child care power of attorney. You and the child's mother are the decision makers concerning your child.

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