The personal representative of your aunt's estate is the one who should file any claims. As for the claim that was paid, you will need to know more about the claim, itself. One of the jobs of a fiduciary is to investigate claims, reject the poor ones and, where funds are available, determine... View More

You may have a good claim. Generally, a business is not responsible for the criminal conduct of a third party. But where a business has notice of prior thefts and does not take reasonable steps to secure its premises for the protection of its customers, there can be liability for a... View More

This may be possible. If your father gave you his old truck before he died--gave you the signed off and notarized title--you should be able to register it with the motor vehicle department and obtain a new title.

It is possible that you might be sued. This is one remedy for a contract default. Review your contract for its provisions dealing with a seller default and buyer remedies. But a lawsuit is unlikely. Few buyers want to hire lawyers and file a lawsuit to try to purchase a home. It is common,... View More

The answers to these questions should be in your brother's real estate purchase contract. In the standard purchase contract used commonly in Maricopa County, there is usually a risk of losing his earnest money deposit or even being sued if he cancels. However, since this is a rent to own... View More

If you die in Arizona without a will, your estate will pass to your heirs at law under Arizona's statute dealing with intestate succession. This means, generally, that your assets will pass to your wife or, if there is no wife, to your children in equal shares. If no wife or children, then... View More

The new owner of your home has the right to evict you without first paying off the first mortgage loan.

If Arizona is his home state you should use the address that he provided the military if this is still a good address. If not, you should have him authorize you to use your address. When you relocate to Guam you will need to update your information. You will also need to maintain a local... View More

You are on the right track. There is name change procedure through the Superior Court. You will find the forms and instructions on the Superior Court website. The best way to handle this is to use the forms and follow the instructions. You cannot simply see a judge.

He will need your mother's signature or her valid Power of Attorney in order to sell the home in a traditional sale. A title company will require the signature of both owners. However, it is possible that he may attempt a non-traditional sale. He might convey, or attempt to convey his... View More

Instead of a guardianship, you might ask the mother to sign a child care power of attorney. This is good for six months and will allow you to register your grandchild in school and assist with other matters as needed. If this does not work, you could apply to the court to be appointed his... View More

If you want to cancel your listing the first step that I recommend is to negotiate a cancellation with your realtor. If you have a hardship situation, most realtors will work with you. They may want you to reimburse them for any advertising costs that they have had for your home but this is... View More

The probate judge could not help because visitation issues are not within the scope of the probate division. These issues need to be addressed to the family court. You may have grandparent visitation rights in family court and you may also have the right to in loco parentis custody of this child.... View More

So long as your case is still pending it is never too late to correct any errors or disclosure issues and you should do so as soon as possible. You may also want to consider obtaining professional help to respond to the motion to dismiss. Correcting deficiencies and providing disclosure materials... View More

Review ARS 14-8101. For an adult adoption, termination of the birth parent's rights is not required. Nor is their consent.

If you move quickly you should be able to collect. I recommend having your court order reviewed by an attorney. It may be possible to record the order and collect at COE. If, after review, this does not appear feasible, you can proceed through the Court to obtain payment of your portion of the... View More

You should not unless the court has so ordered. There are other ways to keep a record of your payment.

Yes, he can be served in person in Arizona if he can be located. An investigator may also be able to find him in CA. If he is on parole, he will need to keep his parole officer advised of his address and any work address that he may have.

If you are representing yourself in this litigation you need to be familiar with court rules. See rule 12 (d) that states when matters outside the pleadings are presented in support of a motion to dismiss under rule 12, the Court shall treat the motion as one for summary judgment. You have some... View More

Yes, your ex has a good claim. These issues arise frequently. In most cases it is best to settle if this can be done reasonably. If not, a partition action can be filed with the superior court to order the home sold. In this event, the judge will decide what the interest of your ex is and how... View More