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And has recently been served child support papers, but because he doesn’t want to pay, he has a request to vacate child support until we establish paternity and he also made false accusations regarding me hiding the children and also were I live. ( he didn’t want to provide his new address,... View More 
answered on Apr 2, 2018
Since your case is a contested matter, I strongly recommend that you obtain legal counsel to assist you. Many fathers have made similar arguments. The court is skilled in seeing through them in most cases. But your case needs to be well presented. If you cannot afford counsel, contact Community... View More
I am using a Living Trust to donate a property to a charity (instead of a will). Can I name someone that works for that same charity as successor trustee?
answered on Apr 2, 2018
You can do this, but it is not likely to be the best practice. I recommend seeking the advice of the charity in question. It will have instructions for you and may be able to refer you to an attorney who will assist you if you do not already have an attorney.
As I stated I had sold my property, however the buyer is constantly late on payments, even when I ask regarding the pay date, I keep getting told he had done so but it could be anywhere between two weeks plus before I receive anything. The buyer is already making a lot of changes before the... View More
answered on Mar 30, 2018
The answers to your questions should be in the contract you signed with the buyer. In general, if there is a material breech of a contract for sale of real property, a seller can foreclose judicially or use the forfeiture procedure authorized by ARS 33-741 et. seq. But a review of your contract... View More
I am in Texas. My mother lived in Arizona; her estate was probated in Maricopa County. Although it was contested, all parties came to agreement and the court signed the agreement in January 2018. Since then I have not been able to get the lawyer who probated the case for me to answer my calls. I... View More
answered on Mar 29, 2018
I recommend hiring a new Arizona lawyer to investigate for you and let you know the status of your case. If your lawyer is not communicating with you, there could be a problem. You may need to consider hiring a new attorney to complete this probate.
I need to do a living trust instead of a will for giving real estate to a charity to avoid probate and for privacy.
The real estate I own is in a different state than where I am a legal resident. Would I contact a lawyer in the state where I am a resident or the state where the property... View More
answered on Mar 29, 2018
You should contact an attorney in your state of residence to prepare your Living Trust. An attorney in the state where your real property is located will be of help to transfer your out of state real property to your new trust. Your Trust attorney can assist you in locating this attorney.
The man has since moved out but she remains. She is under the age limit for this area and hasn't paid rent for 2 months. She has been asked to move out by overnight letter or pay past dues and leave at the end of the month. She has done nothing about any of this and continues to ignore any... View More
answered on Mar 28, 2018
You might be able to evict her per ARS 33-1378. However, if she has been living in the home and paying rent she is probably a month to month tenant and the better procedure would be to evict her for non-payment of rent using a standard 5 day notice.
She goes into work. I have never met the guy and dont know one thing about him. Shes only been with him for two weeks so barely knows him herself. Do I have any say as to if he has my permission to watch her? Could I just show up to the house and take her on the days she leaves her with him?
answered on Mar 26, 2018
I strongly recommend that you file a paternity action and obtain court ordered parenting time and child support orders. This will protect your right to a relationship with your child. Until you do this, the mother has the right to decide who the caregiver for her child is. I recommend that you... View More
Other parent ran to Mexico to avoid prosecution but we could not prove that was the reason during trial as those records were sealed(theft from federal employer). Now that court is over we found out that there is a federal grand jury indictment pending that could also affect this persons... View More
answered on Mar 26, 2018
It is sometimes possible to re-open a decree when important evidence has been newly discovered. This is not an easy process and I strongly recommend that you consult with and obtain the services of a family law attorney.
answered on Mar 26, 2018
This is not true. Any rights that a spouse acquires in the marital home, either before or during marriage, are not extinguished by moving out of the home.
the baby was born a little over two years and I found out I wasn't the father two months after her birth through a home DNA paternity test, and an actual DNA paternity test from a lab facility. since I am being summoned to pay child support after two years of her birth and since the 60 days... View More
answered on Mar 26, 2018
You must appear and defend this action using your DNA testing results. If you do not, you could be ordered to pay child support. I recommend hiring a family law attorney to assist you with this important matter.
He has no relationship with our twins, he wants week visits because he knows he won’t have to pay as much child support if he keeps them for a longer period of time. They are also on a scholarship with their daycare and have to be there everyday to stay qualified.
answered on Mar 23, 2018
The father can make any request that he deems appropriate. Your judge will decide. Your circumstances are such that, if you object to father's request and offer a reasonable alternative proposal, such as visitation in your home for a few hours while the children are so young, you have a... View More
My lawyer said, " if we proceed by default, we present a proposed decree as to what you want and why, for the court to approve at the default hearing." Does the information in the "proposed decree" have to be exactly the same as in the original petition? My husband and I have... View More
answered on Mar 22, 2018
This is a question that you need to ask your lawyer. Your lawyer knows your case best and can let you know what is possible and what is not. As a general rule, you cannot get a default decree for more or different relief than what you asked for in the petition. You can start the procedure again... View More
April? She has not seen him, the court denied her request to move him out of state to Ohio when she decided to leave because she was pregnant again by someone else. He is only a year and a half and she has not seen him since last September 2017. No gifts, visits, or anything. I have no address... View More
answered on Mar 21, 2018
If there is a court order in place for custody/parenting time you should follow the existing court order unless doing so would endanger your child. If there is no court order in place, allowing supervised visitation for mother is still a good idea. You are seeking full custody of your son from... View More
During a status conference it was ordered that the child not relocate at all from Flagstaff, neither to Tucson with the mother or Alaska with the father. The mothers relocation is currently being considered in trial. It is becoming clear that neither the father nor mother (who has primary custody)... View More
answered on Mar 21, 2018
In order to do this properly you need the assistance of a family law attorney. Many family law attorneys will accept a legal matter on a limited scope engagement basis so the cost will be much less than hiring a lawyer for the entire case. If this is an emergency involving a child, an... View More
and would i be able to sell the contact it self if needed?
answered on Mar 21, 2018
Under these circumstances people have used different types of contracts. A few options are:
1. A normal purchase contract with long closing period specified;
2. An option contract allowing you to purchase at any time within the option period; and
3. A lease with an option... View More
The morgage on it is expiring and I need to put the house in my name and refiance. I have lived here since 1960. all utilites are in my name I pay all the bills house payment and taxes and repaires. How can I put the house in my name.
answered on Mar 21, 2018
Assuming you and your sister are your father's sole heirs or beneficiaries, you will need to either probate your father's estate to obtain title or you will need to use the small estate affidavit procedure. Your sister will need to cooperate to make this work. You should seek the advice... View More
The first three payments have not been made. The agreement states if any default should be made of any payment when due the whole sum etc etc. If I accept any payment will I hurt my ability to recover the property. What’s the avg time and cost to forclose on the property
answered on Mar 20, 2018
Normal practice is to not accept any payment that does not bring the note current including any late charges called for by the note. You should consider commencing a non-judicial foreclosure. I recommend contacting an attorney who specializes in trustee's sales to learn about this option. A... View More
i have skitzophrenia and am smi and i have never personaly met my lawyers and did not understand the release until recently i had a friend explain it to me...there is a chance or posibly i can die from and get diseases from
the implant. my lawyers said that they just put that in the... View More
answered on Mar 20, 2018
You may be able to change your mind but I recommend discussing this issue with independent counsel before you decide. Independent counsel can review the materials you signed and can learn more about the facts of your case. He or she can give you an opinion as to what is in your best interest.... View More
He lives with this woman for 6 years. He delights in the fact of knowing i really cant afford a lawyer so i contiue to strggle on my disabilty. Tryin to find lawyer i can make small payments to.
answered on Mar 20, 2018
You need help to obtain your share of the community property and spousal support from your husband. If you cannot afford a lawyer you should contact Community Legal Services or the State Bar of Arizona Volunteer lawyers program. Either may be able to match you with an attorney who will work... View More
AZ Attorney says she has to go through probate in Kentucky, only property owned and she is the surviving spouse, talk about lost money and the legal runaround on someone grief strickened, and doesn't trust an attorney to this day because of the expensive runaround
answered on Mar 15, 2018
If your Dad was a resident of Arizona, a probate of his estate should be filed in Arizona. An ancillary probate would then also be filed in Kentucky to transfer the Kentucky real property. If the estate is small, your probate lawyers may be able to suggest an alternate procedure for a small... View More
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