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Questions Answered by Peter H. Westby
1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Arizona on
Q: i filed a complaint in az to the housing dept for mobile homes and the legal paper the housing dept uses was short.

the respondent answered with a motion to dismiss. is it too late to put in my disclosure

Peter H. Westby
Peter H. Westby
answered on Feb 26, 2018

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

1 Answer | Asked in Family Law and Adoption for Arizona on
Q: If I'm single and adopt do I terminate both birth parental rights?

My girlfriends adult (18yr) twin daughters want me to legally adopt them. I have never legally married their mom. The paper work for filing an adult adoption seems easy and straight forward. My only concern is not terminating birth moms rights as their legal parent.

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

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

1 Answer | Asked in Real Estate Law and Divorce for Arizona on
Q: My ex husband is selling the house we owned together. Can I have a lein placed on the proceeds if he owes me money?

My name is still on the morgage, court order shows the proceeds should be split if he wasn't paying me monthly and he hasn't.

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

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

2 Answers | Asked in Family Law and Divorce for Arizona on
Q: can I give a divorce settlement check to the courts to issue to my ex for record keeping
Peter H. Westby
Peter H. Westby
answered on Feb 21, 2018

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

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1 Answer | Asked in Family Law for Arizona on
Q: Niece lives in AZ but Father lives in CA & refuses to give address. Could he be served in AZ while visiting his parents?

DES says they can't find him. He is on parole in CA.

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

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.

1 Answer | Asked in Civil Litigation and Divorce for Arizona on
Q: Can I respond to the Plaintiffs Notice of Intent to turn my motion to dismiss into summary judgement?

Lawsuit filed by my ex for a large amount of money. In his complaint he is claiming Conversion and Breach of Bailment Contract and the only items attached to his complaint to back up his claims is a list of items with ludicrous values attached to them. He is claiming in his complain that I refused... View More

Peter H. Westby
Peter H. Westby
answered on Feb 20, 2018

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

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can my ex girlfriend take me to court for her share of the house we own together even though she's never paid anything?

My exgirlfriend and I bought a house together. I've made all the mortgage payments which include property tax, homeowners insurance and warranty insurance. She walked out November 2013, the house has needed somethings repaired and or replaced since then and I have requested she help... View More

Peter H. Westby
Peter H. Westby
answered on Feb 19, 2018

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

1 Answer | Asked in Divorce, Family Law and Child Custody for Arizona on
Q: Can spouse keep children away from me till we go to court for divorce which has already been filed and responded to?
Peter H. Westby
Peter H. Westby
answered on Feb 17, 2018

This is not unusual. You can remedy this situation by asking the court to enter temporary orders for parenting time and child support.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Does the father have any legal right to know the physical address and general well being of his kids
Peter H. Westby
Peter H. Westby
answered on Feb 17, 2018

Yes, under most circumstances a father has the right to have full information concerning his children. If access and information is being denied, a father can obtain an order from the Superior Court enforcing his parental rights. Seek the advice of a family law lawyer to learn more about your... View More

1 Answer | Asked in Family Law for Arizona on
Q: Can my mom kick me out of the house if I’m 18 but also attending high school? I live in Arizona
Peter H. Westby
Peter H. Westby
answered on Feb 17, 2018

Yes. At age 18 you are an adult and your parents no longer have any legal responsibility to support you.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I had to sign a disclaimer deed in Arizona for my husband to get approved for a home loan. Can we revoke this or...

I had to sign a disclaimer deed in Arizona for my husband to get approved for the home loan. We have 3 children together and have be partners for 20 years and married since 2013 and were married when we (he) bought the home from my brother. All money was gifted from the sale from my brother and we... View More

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

This is a common situation and there is an easy solution. Your husband can sign a special warranty deed from him to both of you taking title as community property with right of survivorship. This will solve the problem created by the disclaimer deed and will give you more protection in the event... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Arizona on
Q: my office sign hit the car door of my client and scratched his car..he gave me a bill for 450.00 what do i do

His wife said she told him not to park so close to sign and wind blew sign into car. I was so upset, I told him I couldn't charge him (300 dollars) for his tax return and he came back a few days later with an estimate to fix his car of 450.00. He didn't even take into consideration that... View More

Peter H. Westby
Peter H. Westby
answered on Feb 15, 2018

This appears to be more of a business question than a legal question. If this client is a valued client who gives you repeat business or referrals, you will want to work out a mutually agreeable settlement with him. You have already done a good job of this by offering a free tax return. Speak... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Right of suvivorship

It was under a joint with right of survivorship

and the other person deceased.

Does that make the home mine and the contents?

It is a property in White Hills, Arizona

Peter H. Westby
Peter H. Westby
answered on Feb 15, 2018

If you and the decedent held title to Arizona real property under joint tenancy deed with right of survivorship, the death of the decedent usually means that the real property is yours. A death certificate should be recorded. This does not mean that you own the contents of the home. The... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: Question about probate requirements for property outside the state of residency. Residents of MD, property In AZ

My parents died. They were both residents of Maryland. They own property in Arizona which they left to their 3 grandchildren in their will. I was named personal rep and have gone through procedures in Maryland. Do I need to also go through the whole process in Arizona or can the AZ property be... View More

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

You should not need to go through the entire probate process again in Arizona. Arizona has procedures to simplify handling estates. There are several options and it might be as simple as merely recording your Letters of Appointment and then transferring the property to the estate beneficiaries.... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: My brother and I are beneficiary on the deed to my dads property. My step-sister is trying to get power of attorney

so you can quick claim the property over to her upon his death. The real estate agent advised him that this would be an easier way go sell the property. We just don't trust my sister with this. What happens with the beneficiary on the deed if she quick claims the property over to her

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

If your dad disposes of his real property during his lifetime, or if your step-sister does using his power of attorney, any beneficiary deed for that property would be rendered moot.

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: I was married to my husband for 13 years, until his death. He was sick with oxygen 24/7 and many other medical treatment

for at least 12 years of our marriage. His children saw him very few times in all those years and never participated in his care. They took him from a re-hab he was in Nov. 25, 2018, and I never heard from them or him again. I had help trying to find him. AND on Feb. 8th the sheriff told me he... View More

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

You have raised many issues that need investigation. I strongly recommend that you consult with a probate attorney. Once your attorney knows all of the facts, he can advise you as to what must be done to enforce your legal rights as a surviving spouse.

1 Answer | Asked in Family Law, Civil Rights and Child Custody for Arizona on
Q: can my daughter grandparents keep our daughter away from us .? and they filed for guardinship and we didnt know anythin

my daughter was visitng with her grandmother for a couple of months and by the time we came to arizona and was leaving with her , they said we are not taking her because they think its for the best for her and that they dont know me and dont care to know me and wants her with them and want her... View More

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

Parents must be given notice and the opportunity to appear in any guardianship proceeding involving their children. If you were not given proper notice, you can contest and ask the court to dismiss. I strongly recommend that you seek the help of a qualified attorney concerning this matter.... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can I refuse to let my ex husband see the kids on his court ordered visitation days?

I have emergency temporary custody of my kids right now but I feel my ex husband needs to apologize to me before he can see or have contact with the kids. Although the judge court ordered for him to have contact with the kids anytime and up to 12 hours of visitation a week. Can I get in trouble if... View More

Peter H. Westby
Peter H. Westby
answered on Feb 12, 2018

You must follow the judge's orders. You can be sanctioned if you do not. If you believe that the current court orders are not in your childrens' best interest, you can ask the court to modify them. But speak with a family law lawyer to learn your rights and best options before you take... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: I need a probono lawyer to assist me in answer/response to a divorce petition from spouse.we have 6 kids.no money.help

We have been separated 5 years .no property or anything to share or divide.unfinancially able to file my contest answer

Peter H. Westby
Peter H. Westby
answered on Feb 12, 2018

The court can assist you by waiving the filing fee so you can file your response. You will need to apply for waiver using court forms. Look at the Maricopa County Superior Court website forms and instructions.

1 Answer | Asked in Real Estate Law for Arizona on
Q: What can I do to get myself off of a mortgage loan that I cosigned?

I helped my sister-in-law cosign for a home almost 4 years ago, she assured me that her lender had told her that in 6 months to a year she could refinance and get me off the loan. Obviously, that hasn't happened and now I can't purchase my own home because of how high my debt-to-income is... View More

Peter H. Westby
Peter H. Westby
answered on Feb 12, 2018

If you are also on the deed to your sister's home, you may be able to force the sale of the home through a partition action in the Superior Court. If not, your options are few without your sister's cooperation. Sister will need to refinance or sell the home to get you off the loan.

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