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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... View More 
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.... View More
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... View More
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?
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.
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... View More
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
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
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.
In essence the subject property is landlocked. What does a buyer need to do to obtain ingress & egress to the property?
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... View More
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.”... View More
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... View More
I have notified the landlord and after 2 months the issue is still not fixed
answered on Oct 24, 2018
What you describe sounds like it might amount to a breach of your lease by your landlord. I recommend speaking with your property manager and negotiating an early lease termination if possible. If this is not possible, you can unilaterally break your lease and leave, but this may result in a... View More
Any chance we can get out of it? Any chance we could get any money back?
answered on Oct 22, 2018
You can usually cancel your contract. Obtaining your earnest money deposit can be difficult. Builder contracts often provide that earnest money deposits are non-refundable. Sometimes you can negotiate a partial refund. Sometimes the reason for cancellation can give you some help, such as the... View More
answered on Oct 12, 2018
You must give the notice required by your lease or rental agreement. If you are on a month to month tenancy, you must give 30 days notice--if you plan to be out by the end of December, you must give your 30 days notice before the end of November.
The creators of the Trust have died, and one of the beneficiaries is the designated Successor Trustee. The said Trustee is instructed explicitly to distribute the Trust assets as described. It has been over 10 years and he hasn't done so. There are no provisions in the trust documents that... View More
answered on Oct 4, 2018
You can provide in your estate planning documents that any real property obtained from this trust pass to the person you designate. However, the more immediate concern seems to be obtaining the property from the Trust. I recommend reviewing the language of this Trust with an attorney to verify... View More
no will, son, daughter and husband ,and me live in it. we want to sell it and split the money we are all in agreement. in arizona
answered on Oct 3, 2018
If the deceased owner was the only person on title, the owner's estate may need to be probated. I strongly recommend that you discuss this with an attorney before taking action. Your attorney will be able to inform you of your legal rights after learning the facts and reviewing any documents... View More
They were never married
answered on Sep 21, 2018
It is possible that the deed may be valid. This would depend upon all of the facts and circumstances. I strongly recommend that you have the deed in question reviewed by a real estate attorney. Once your attorney knows all the facts, he or she will be able to let you know if the deed is valid... View More
My father passed away in his rented home. Real Estate agent is not allowing entrance into the property. I have started process of Small Estate Affidavit, but that requires 30 days after his death. I need to get his burial docs, insurance policies, clothes etc.? Is there a way to expedite this... View More
answered on Sep 19, 2018
You could open an informal probate and become appointed as personal representative of your Father's estate. This procedure can be done quickly and will give you legal authority to take possession of your father's property. But, if your Father's estate is modest, the affidavit... View More
Are the children of a deceased sibling entitled to the proceeds of an estate?
answered on Sep 18, 2018
Possibly. This would depend upon how the estate planning documents were drafted. The children might take if the estate planning documents show an intent that the share of a deceased person would pass to his or her survivors. If there are no estate planning documents, then Arizona law controls.... View More
answered on Sep 18, 2018
Assuming proper execution, the deed is legal but it transfers only the interest of the person who signed it.
The murderer, after killing my dad, stole my dads gun, 1 of 2 weapons used in the crime, as well as my dads wallet, cellphone, keys, & truck, all recovered from the killers possession at the time of incarceration. He was initially arrested in la paz county, where he turned to law enforcement... View More
answered on Sep 12, 2018
I recommend that you contact an Arizona probate attorney to advise you and answer your questions. There are many details that need to be handled and your attorney can help you get started.
I supported both my son and mother for over 2 years. She left unexpectedly and took baby, but gave him to me about a week later because she said she couldn't take care of him (she has 2 other children who are under the guardianship of her mother). I fear for my son's well being because... View More
answered on Sep 10, 2018
Your child's biological mother can take him at any time if you do not have court orders. I recommend hiring a family law lawyer as soon as possible to assist you in obtaining appropriate court orders.
We don't have a court ordered, it's only been verbal these 8 years. She took him from me today. Can she do that?
answered on Sep 10, 2018
Yes, your Son's Mom can take him where there are no court orders. I strongly recommend consulting with a family law attorney immediately to assist you in establishing court orders that will protect your Son.
I have established residency for 3 years.
I have done work to earn my keep. If this is not a landlord tenant issue then how can I legally get my property out of her house?
answered on Sep 7, 2018
From the information you provided, your rights are governed by the Arizona Residential Landlord Tenant code. Your sister can evict you by giving proper notice. See ARS 33-1375 or ARS 33-1381. She must allow you to pick up your property and has certain duties to you per ARS 33-1370 D,E, F, G H... View More
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