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Questions Answered by Peter H. Westby
2 Answers | Asked in Probate for Arizona on
Q: Deceased Grandfathers, (will loffice complex in his name , where son works and lives , dad dies ,(will) wife wants it ..

Son is in grandfather will , wife wants to use fathers will , its in gtandfathers name still , who gets it ?

Peter H. Westby
Peter H. Westby answered on Jun 27, 2020

You have provided insufficient information to answer your question. This is an important matter and I strongly recommend that you consult with a probate attorney to get answers that you can trust.

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My dad died w/no will. He was divorced, and got house but never had ex's name rmvd. Does she get house now?

The deed is a joint tenancy with rights of survivorship. His ex wife never had her name removed from deed. So would the house automatically still go to her?

Peter H. Westby
Peter H. Westby answered on Jun 25, 2020

It should not go to the ex wife because of the divorce decree and because the divorce automatically terminated her right of survivorship under Arizona law. But she is now in a position to possibly take advantage. I recommend contacting a probate attorney immediately to take action to protect this... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: I'm in a home rental which expires end of Jan2021. i was informed that homeowners getting divorced, can i keep lease

I'm in a home rental which expires end of Jan2021. i was informed that the homeowners getting divorced, can i keep lease? Or can they terminate my lease? I have never missed a payment, i pay 2 weeks early and never had any complaints or issues. I want to stay... Do the homeowners have to honor... Read more »

Peter H. Westby
Peter H. Westby answered on Jun 15, 2020

The homeowners' divorce does not impair your rights under the lease and is not, by itself, grounds for lease termination. So long as you pay your rent, you should be allowed to complete your lease term unless your lease contains provisions that would allow the owners to terminate early.

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2 Answers | Asked in Probate for Arizona on
Q: I am a trustee of my fathers estate and today i got a copy of a motion to disinherit me in the copy of the motion

i read that just a few days ago a judge ruled that the trust was invalid which in az i should of been notified in writting of that my sisters contesting the trust and i never recieved anything let alone a date that it was going to be in from of a judge now she put in a motion to get me disinherited... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 21, 2020

You need to hire a probate attorney immediately to review this matter and advise you. Once a motion is filed and sent to you there is a very short time window to respond. This is an urgent matter.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: I bought my home with a friend we are both legally the owners of the home. He does not live in this house anymore

I’m just looking for any further legal information that I could be aware of. So that he knows what’s in state for him and also for me of course.He has not paid the mortgage for about a year since he moved out he does not pay electric bills water bills or even any other home repairs that were... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 20, 2020

You and your friend remain partners in this home. He may continue to participate in any appreciation in value along with you. You can terminate the partnership by buying him out. You may need to refinance to do this. Or you can sell the home and divide the proceeds in a way fair to both of you.... Read more »

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Am I able to evict my fiance's adult daughter?

She had no place to go after her lease was up back in charlotte NC. My fiance and I let her move in with us in Buckeye Arizona. She was told the rules in the household including: getting a job, coming home at a decent hour if she went out, assist in household chores, and pay for room and board... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 20, 2020

Are you the owner of this home? Will you have your husband's support? If so, you and your husband can evict your husband's daughter. Governor Ducey has issued an Executive Order placing a temporary stay on residential evictions. If your circumstances are covered by this order, your... Read more »

3 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed five months ago and there’s no open probate and his will has not been recorded. Is this normal?

My father and I didn’t have a lot of contact over the years, but he did tell me both that he had a will and that I was included in it. I don’t know how to find out since there appear to be no records. I believe my half-sister is living in his home and possibly intentionally concealing his will.... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 16, 2020

I recommend contacting a probate attorney in the state where your father resided at the time of his death. It is not unusual that a probate has not been filed. A probate is not always needed. It depends upon the size of the estate, its asset mix and the prior planning done by your father. Your... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: Broke lease due to Job loss. Rent was current and prepaid 1m security dep. Owner listed for $225 higher. Unreasonable?

Was only 5m into 12m lease. Explained job loss (COVID). Landlord was understanding. Paid full rent ($1875) on the first, and was out on the 8th. Had also paid a full month of rent as security deposit and $500 in non-refundable cleaning fees. Was hoping landlord could get re-rented within the 7... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 14, 2020

I recommend that you consult with a real estate attorney if your landlord makes a claim against you for additional rent. Your landlord must mitigate its damages under Arizona law and the reasonableness of the landlords attempt to re-rent is a fact issue for the judge to decide should a claim be... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Got the final bill from our last apartment complex, they charged us for far more than we expected. What can we do?

Our last complex is charging us for a few additional things then expected. Most notably new carpets with pet sealant when only one needed to be replaced as it became loose after water heater issues last year. And for resealing the bathtubs (2) when I had been told in roughly Dec 2017 that... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 13, 2020

You have the right to negotiate with your landlord to see if you can obtain a better result. If negotiation is unsuccessful you have the right to take the matter to court and ask a judge or hearing officer to decide the issue. But you need to be aware that, if you choose to go to court, it is... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can I use just real estate attorney to buy property directly from owner, and avoid the title company?

I want to buy a piece of property in Arizona for $42K directly from the owners. The owners will finance the loan. They don't want to involve outside parties like real estate or title company.

I talked to a title company and they want about $3,500 to handle everything. I'd... Read more »

Peter H. Westby
Peter H. Westby answered on Mar 4, 2020

It is legal to do as you suggest but I strongly recommend against handling a real estate transaction this way. You would be much better served and better protected to have a title company handle this matter so you will have a title insurance policy and know that you are getting clear title to the... Read more »

1 Answer | Asked in Probate for Arizona on
Q: co-executor issues. I’m doing all the leg work, and physical work. She ignores my messages for days. Assets < 75,000

My dad has a will named his co executors as myself his dtr and his significant others dtr (they weren’t married). I want to follow my dads wishes and I feel like I have to hurry up and get everything done. She has done nothing other than sign documents to sell his house. I had to find the... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 21, 2020

Where there co-executors it is not unusual for one of them to do most of the work. A co-executor can be removed by court order but I would not recommend spending estate assets for this procedure unless the co-executor's conduct is causing loss or damage to the estate. I recommend completing... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arizona on
Q: Do other access roads, though not in good condition, negate a prescriptive easement?

A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 13, 2020

This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: A question on paying real estate commissions to a management company that was terminated.

I am selling a residential rental property to the tenant. I have a contract with the old management company that requires I pay them 6% if selling within 180 days of the lease termination, even though I brought the tenant to them. I terminated the lease early and had a new lease signed. I also... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 7, 2020

I strongly recommend that you consult with a real estate attorney. Your question cannot be answered without reviewing the contracts and other materials you mentioned, including correspondence between you and the management company. You can be sure that the management company will interpret its... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Arizona on
Q: There is an auction coming up, I saw the owner just placed a "lis Pendens" to stall post auction.

Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 2, 2020

A lis pendens is intended to give notice of litigation that is currently pending and concerns issues of title or ownership of the real property. It creates a unlawful cloud on title if used for any other purpose and can be removed by court order if necessary. Assuming the pending foreclosure was... Read more »

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1 Answer | Asked in Civil Litigation for Arizona on
Q: Can I bring a Craigslist seller to small claims court for a car sale?

Hi Sirs/Maams,

I bought a car off Craigslist. The private seller says the engine has been rebuild 20,000 miles ago and the car runs great.

I bought it and 3 days later the engine died. My mechanic says I will have to put a new engine in or scrap the car. He is convinced the engine... Read more »

Peter H. Westby
Peter H. Westby answered on Dec 30, 2019

Yes, you can file suit in the small claims court so long as your claim is $3500.00 or less. It is impossible to give you an answer as to your chances of winning with the information you provided. You will need to prove that your seller misrepresented the facts to you. With your mechanic's... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Although I have resided in Green Valley over 2 yrs, I have issues with property in Arkansas where I previously resided.

Are attorney's in this state dealing with issues in other states?

Peter H. Westby
Peter H. Westby answered on Dec 30, 2019

You will need to consult with an attorney licensed to practice in Arkansas concerning Arkansas real property matters. Real property law varies from state to state and an Arkansas real estate attorney should be hired to assist you.

1 Answer | Asked in Real Estate Law for Arizona on
Q: My husband and I are separated, not legally. Can I buy a house in Georgia without him having to be involved?

I do not want to have his bills considered nor credit. I want it in my name alone.

Peter H. Westby
Peter H. Westby answered on Nov 14, 2019

Under Arizona law every asset purchased during marriage is presumed to be community property. To protect your investment your husband should disclaim his interest. I recommend working with an Arizona family law lawyer to assist you with this transaction so that your goals can be accomplished and... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I own a home with a boyfriend 1/2 and 1/2. We have broken up. Can I force him to sell so I can get my equity?
Peter H. Westby
Peter H. Westby answered on Nov 4, 2019

Yes, if necessary you can file an action for the partition and sale of this real property. The court will appoint a special commissioner ( a real estate agent ) to market and sell the property and the court will decide how the sales proceeds are to be divided if this becomes an issue.

1 Answer | Asked in Real Estate Law for Arizona on
Q: i recently erected a us flag on my property and received a notice I was not in compliance with the HOA.

I was unaware that I need the HOA's consent to do so. I am in non compliance because my flag pole is not one of the specified colors in the HOA guide....Black-Bronze-or dark gray. My pole is brushed aluminum. My home is white and the colors required by the HOA do not permit the pole to... Read more »

Peter H. Westby
Peter H. Westby answered on Nov 2, 2019

In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: I moved in with my BF 4 yrs ago. His mom owned the house and didn't charge rent. She died and his step

His stepdad has Alzheimer's. He moved out and wants me to pay him rent. He sleeps here more than not. Can he evict me? In AZ

Peter H. Westby
Peter H. Westby answered on Oct 30, 2019

If your BF has inherited the home and is the owner or if he is the court appointed personal representative of his late mother's estate, he can evict you.

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