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Questions Answered by Peter H. Westby
1 Answer | Asked in Real Estate Law for Arizona on
Q: My neighbor is disputing our property line and what do we need to do to gain our property back?

She does not own the home, deed is in her deceased fathers name. She will not talk to us when we asked to discuss extending wall down our driveway, she built a retaining wall that goes 5 feet into our property a while ago

Peter H. Westby
Peter H. Westby answered on Apr 25, 2019

I recommend that you discuss this matter with a real estate attorney. If your neighbor is making a claim to a portion of your lot you must take prompt legal action to reclaim your land before too much time goes by. If you do not, it is probable that your neighbor will become the owner of the... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: can the sole heir and named trustee of a trust still claim his inheritance years after the death of the grantor?

in az, two cousins each inherited from their parents seperate trusts for half interest in a family owned apartment building, owned free and clear, and fully occupied at all times. One was the manager and lived in the house of the other, adjacent, built by his parents, but not included with the... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 22, 2019

This is theoretically possible but the matter would need to be carefully researched. Much can happen in 15 years and you need to know as much as possible about this trust, its assets and their administration. I recommend hiring a probate attorney to assist you in determining the facts and to... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: How do I file an objection to set aside administration? I question the validity of my dad's will.

He was sequestered from me by my brother, a new will was produced dated 6 days before he died of cancer, specifically excluding me and naming my brother sole beneficiary and I did not receive proper notice of the hearing. My other brother, though estranged, was not listed in the will as a... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 17, 2019

This is a complicated matter and I strongly recommend that you hire a probate lawyer to assist you. Since the proceeding is in Nevada, you should speak with a Nevada probate lawyer.

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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Arizona on
Q: Guardianship or Power of attorney? My son 39yrs, an adult. SMI and schizophrenic. I think he is getting worse. I am Mom.

He still lives with me. He also has legal fines, court dates that he misses, is on probation and just seems to be digging this hole deeper and deeper. I want to help him.

Peter H. Westby
Peter H. Westby answered on Apr 8, 2019

A guardianship would give you the most control and the most help. Check with your son's physician to see if the physician would support a guardianship.

But speak with someone you trust before commencing this legal procedure. This will be a most difficult task even with a guardianship.

1 Answer | Asked in Real Estate Law for Arizona on
Q: how can a fully owned home with no taxes liens, judgments etc. are owed be sold in a sheriff auction w/ NO prior notice

there are no HOA or relative fees owed by the owner of the house mortgage is paid taxes are paid etc yet some lawer from Scottsdale is chasing after a fee in which the homeowner never hired to begin with and ended up getting a judge to sign something so the house was sold under sheriff auction and... Read more »

Peter H. Westby
Peter H. Westby answered on Mar 20, 2019

Your question cannot be answered until a real estate attorney reviews all of the documents and facts to learn exactly what happened. I recommend that you immediately consult with a real estate attorney and have this investigated so that you will know your legal rights and options. This is time... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: We were in a contract to buy a home. We had a pre-qual letter when we negotiated the contract. We put up $2000 earnest

The financing fell through now the seller wants the earnest money, does he have a right to it?

Peter H. Westby
Peter H. Westby answered on Feb 27, 2019

Your rights and the sellers' rights are governed by your contract. If you are using the standard form contract commonly used in Maricopa County there is a financing contingency that, in most cases, allows the return of your earnest money where you cannot get financing. But there are many... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I’m charged with 12 months of late fees at the end of lease. I was never told my rent was arriving late. Is that legal?

Is a landlord required to inform me that my rent is late at the time it is received? I obviously would have altered the way I was paying if I knew it was arriving late and that I would be accruing $650 in late fees... I paid in money orders, so there’s no way for me to confirm when it was... Read more »

Peter H. Westby
Peter H. Westby answered on Feb 25, 2019

You may have grounds to fight this. So long as your lease does not provide otherwise, you might have an argument that your landlord waived his late fees by continuing to accept your rent without objection and without posting the late fees to your account as they accrued. This is a small dollar... Read more »

1 Answer | Asked in Business Law for Arizona on
Q: A partner and myself own a LLC in the state of Arizona. He passed away. He was the statutory agent. I filed a resolution

Changing the address of the company to my address and appointing myself as the new statutory agent as the only surviving member. His heirs are now threatening to dissolve the company. Can they do that? The company was not part of their family trust.

Peter H. Westby
Peter H. Westby answered on Feb 21, 2019

The family of the deceased member might be able to dissolve your LLC. Your Operating Agreement may be of help. It may have provided a succession plan in the event one of the members died. I recommend that you consult with an attorney concerning your legal rights and best options for preserving... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I am currently engaged and purchasing a house in AZ. My name is solely on the mortgage. I will close on the house 2

Weeks before we get married. What is the best way to take Title in order to protect myself if we were to get divorced in the future?

Peter H. Westby
Peter H. Westby answered on Feb 7, 2019

To protect yourself in the event of a divorce, it would be good to take title in your name alone as an unmarried man and then follow up with a well drafted ante-nuptial agreement that is negotiated and signed before your marriage takes place. I recommend consulting with an attorney prior to your... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: In Arizona can I kick a house guest out? I've hear after 3 day the law has to be involved...
Peter H. Westby
Peter H. Westby answered on Jan 15, 2019

You can ask a guest to leave at any time. If the guest refuses, you can have law enforcement assist. This can become complicated if the guest has lived with you for a lengthy period of time or has assisted you with living expenses. Then the "guest" may claim to be a tenant and you may need to... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Arizona on
Q: Sold AZ house as trustee via broker, now buyer want money for non-permitted construction, Should broker handle?

Broker paid buyer $25K, Based on Title Insurance. Now buyer want money from estate for additional fees. The sale was 2 years ago.

House was build in early 60s, I am not aware of any modifications made by deceased. I disclosed that I am not aware of any such issues. I have no knowledge of... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 7, 2019

I recommend speaking with a real estate attorney about this matter. You were acting on behalf of the the seller trust and the trust may have liability. Your position should be evaluated by an experienced attorney before you make any decisions.

1 Answer | Asked in Civil Litigation for Arizona on
Q: Are creditors suppose to send you proof after paying off a garnishment?

I had defaulted on a judgement that resulted in a wage garnishment. I mailed in my last payment amount in December of 2018 with a letter requesting that they went to court to satisfy the judgment. My question is does the creditor have to send me something in the mail stating that the judgement is... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 7, 2019

When a judgment is paid in full, the judgment creditor is required to file a satisfaction of judgment with the court. Usually a copy is sent to the judgment debtor. Completion of a garnishment should result in the judgment being paid in full but there is no guarantee that this is so. I would... Read more »

1 Answer | Asked in Civil Litigation for Arizona on
Q: can ARS 44-1376.03 be used in small claims court

Purchased new garage doors 4 yrs ago. Never told verbally or in writing that the finish would deteriorate within 2 to 3 years. High end Overhead Carriage Garage Doors. On their new brand garage doors with same finish warranty states finish guaranteed for 2 years, we did not receive that information... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 7, 2019

Arizona Statutes can be used in any Arizona court.

1 Answer | Asked in Civil Litigation for Arizona on
Q: What's the chances the court case they're attempting to bring in the state of arizona will be thrown out

What's the chances the court case they're attempting to bring in the state of arizona will be thrown out because the contract states the lawsuit needs to happen in michigan.

BackGround Information:

This is for the sale of an online business, we used a business broker this is a... Read more »

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

A choice of jurisdiction clause in a contract can be enforceable, so there is a good chance that the lawsuit may need to be transferred to the agreed upon jurisdiction. However, this will not happen automatically. Your attorney will need to raise the issue properly so your Judge can decide it.... Read more »

1 Answer | Asked in Probate for Arizona on
Q: Arizona- my mom has passed-left me with titles to mobile home signed and notorized-part of estate ?
Peter H. Westby
Peter H. Westby answered on Dec 17, 2018

Since your Mom gave you the signed and notarized titles to her home, it appears that she may have intended a gift to you before she died. If so, the mobile home would not be part of her estate. I recommend discussing Mom's estate with a probate attorney. A probate attorney will be able to let... Read more »

1 Answer | Asked in Civil Litigation for Arizona on
Q: An ex attorney as a resident agent was served a summons on a llc that i had i have not been served. Do I need to respond

My ex attorney received the summons. I have not been served personally. he sent the summons to me in an email. Do I need to respond to this summons?

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

I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.

1 Answer | Asked in Probate for Arizona on
Q: Father passed and life insurance beneficiary died prior.

My dad had my mother listed as his beneficiary for life insurance. She passed away in 2008. I am the only child. I would like to avoid probate and if possible be granted rights via right of heir to this policy. Is this possible and what would I need to do to achieve it? If not would a small estate... Read more »

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

Since the policy beneficiary predeceased your father, in order to collect the policy benefits you will need to either probate your father's estate or use a small estate affidavit if the estate is small enough (less than $75,000.00) to make the affidavit procedure applicable. See ARS 14-3971

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Arizona on
Q: Is it wrong for a company to hire a replacement before I even sign any paperwork saying I'm leaving or transferring

There was an idea of me transferring and they hired somebody even though it wasn't set in stone transfer and now the transfer isn't going through so they want to demote me

Peter H. Westby
Peter H. Westby answered on Dec 10, 2018

No, Arizona is an "at will" employment state and, unless you are working under an employment contract, your employer is free to make staffing changes at any time.

1 Answer | Asked in Real Estate Law for Arizona on
Q: We are representing a seller whose property is 0.5 acres & is bounded by Salt River Project and two other properties.

In essence the subject property is landlocked. What does a buyer need to do to obtain ingress & egress to the property?

Peter H. Westby
Peter H. Westby answered on Nov 27, 2018

A buyer would need to obtain an access easement from one of the adjoining landowners. In many cases, there is access that has been used over the years and turning this into legal access by obtaining an easement can often be done with the cooperation of an adjoining landowner. If there is no... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I bought a 4plex, found mold and water leaks were not disclosed. Inspections proved covered/hidden mold. Next steps?

During the purchase period about 6 months ago, the tenants saw the Seller’s property management company discover mold and were told by them not to disclose the hidden mold or any of the other leaks or defects to me (the buyer) until purchase was completed, so that it would be “my problem.”... Read more »

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

This is a serious matter. If you have tenants living in the property you must re-mediate the mold immediately and take steps to protect your tenants. Based upon your tenant's comments, you appear to have a good claim against your seller and his agents for the active concealment of this issue. I... Read more »

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