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Questions Answered by Peter H. Westby
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.

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: my 8yr old dont like going to her dads now he want to take me to court, but i dont keep her from him she goes most times

he wants to take me to court because she dont like going over for good reason. his name isnt on her birth certificate and he dont help me financially. we have been doing a week on a week off for the past year and before that it was every other weekend and every Tuesday. i deal with all the... View More

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

If there is no court order in place for parenting time and child support, I strongly recommend that you obtain one. You can use the forms and instructions on the Maricopa County Superior Court Website. You need court orders in place to give you the certainty that you need and your child is... View More

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1 Answer | Asked in Real Estate Law for Arizona on
Q: Purchasing VA foreclosure. What are ramifications of VA issuing a special warranty deed vs quit claim deed?
Peter H. Westby
Peter H. Westby
answered on Feb 7, 2018

A special warranty deed is the instrument of choice. It contains warranties by the seller that the seller has done nothing to impair title to the property conveyed. A quitclaim deed is not favored. It contains no warranties of title. It transfers whatever title the seller has, if any. Where... View More

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have not filled out papers for custody for my son but my ex boyfriend took my son and refuses

to let me see him or talk to him I think he's going to take him to Mexico what can I do

Peter H. Westby
Peter H. Westby
answered on Feb 7, 2018

Contact the police and see if you can obtain their help to get your son back now. You should have your son's birth certificate. If no court orders exist, you are the custodial parent and have the right to have your son in your care. I also recommend seeking the help of a family law lawyer... View More

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1 Answer | Asked in Family Law and Divorce for Arizona on
Q: Financial separation before divorce?

My husband of 19 years surprise me with divorce paper few months ago and cancel the divorce few weeks later. He acts strange since then. we live in Arizona and he works in other state. I take care of the kids while he is working. He comes home every 2,3 weeks for 2 days. His income always paid for... View More

Peter H. Westby
Peter H. Westby
answered on Feb 7, 2018

It appears that your husband is doing some pre-divorce planning intended to prejudice your rights. I recommend immediately consulting with a family law lawyer so that you know your legal rights and your best options. Your family law lawyer will learn all of the facts of your case and is the best... View More

3 Answers | Asked in Child Support and Tax Law for Arizona on
Q: I paid the total child support ordered for this year but I was late one or two times do I get to claim my child still?

My child support amount changed twice this year so there were two months that werent paid on time. But i calculated that i paid over what has been ordered for the year and have all of my receipts but my kids mom will states that i didnt pay on time and refuses to let me claim them.

I was... View More

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

Generally, if you are current on your support obligation by the end of the year you should be entitled to the exemption. But you must check the language of your court order. The answer to your question should be there. If a court commissioner said you would be entitled, he or she likely reviewed... View More

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1 Answer | Asked in Business Law and Business Formation for Arizona on
Q: I have a company name I want to use. There is LLC registered with the same name from nearly 15 years ago.

I can find little trace of them, only two generic business listings with only the information provided on the LLC application from 2003. I found his licence application for the same time period, it shows he never completed his state licence application. Don't think they ever went into... View More

Peter H. Westby
Peter H. Westby
answered on Feb 5, 2018

I would use a different name. However, if this name is critical to your business, I recommend hiring a private investigator to locate the members of this LLC. Once located, you might negotiate a license to use the name or, perhaps, purchase the LLC itself. You must be certain that the LLC is... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: Son and daughter live in AZ, grandmother lives in CO she is trustee of deceased's trust. She refuses to pay the trust

as it was written and is paying herself for money she gave to deceased. Do son and daughter need a trust attorney in AZ or CO?

Peter H. Westby
Peter H. Westby
answered on Feb 5, 2018

A Trust Attorney in Colorado should be hired as soon as possible. Once funds are taken and spent, it is sometimes very difficult to recover them.

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