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Questions Answered by Peter H. Westby
1 Answer | Asked in Real Estate Law for Arizona on
Q: Is a deed legal in AZ if one of the signers used a fictitious name. Ie. my brothers ex girlfriend used our name.

They were never married

Peter H. Westby
Peter H. Westby
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

1 Answer | Asked in Probate for Arizona on
Q: How can I gain entrance into my deceased father's rental property to obtain his belongings?

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

Peter H. Westby
Peter H. Westby
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

1 Answer | Asked in Probate for Arizona on
Q: There are 4 surviving siblings of a deceased brother. One brother preceeded him in death.

Are the children of a deceased sibling entitled to the proceeds of an estate?

Peter H. Westby
Peter H. Westby
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

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have some property that was quick claimed to me but only one of the owners on the deed signed it . Is that deed legal
Peter H. Westby
Peter H. Westby
answered on Sep 18, 2018

Assuming proper execution, the deed is legal but it transfers only the interest of the person who signed it.

1 Answer | Asked in Personal Injury, Civil Rights, Gov & Administrative Law and Probate for Arizona on
Q: My dad was murdered in his living room in lake havasu city, az 3nov2017. His killer "turned himself in" who can help me?

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

Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: i havent established paternity (mom says he's mine) mom gave me child (unfit) he's living with m can he be taken away

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

Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Family Law for Arizona on
Q: My son is 13 years old. He's been living with me since he started Kindergarten. Can his mom take him?-No court ordered

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?

Peter H. Westby
Peter H. Westby
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.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Arizona on
Q: Can my sister that I'm living with throw me out on a whim and not give me access to my property?

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?

Peter H. Westby
Peter H. Westby
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

1 Answer | Asked in Real Estate Law for Arizona on
Q: If my nana gets a rental Home and signs lease in her name but I live there name will she go to jail? If they found out
Peter H. Westby
Peter H. Westby
answered on Sep 6, 2018

It is very unlikely that Nana would go to jail, but this is a very bad idea. You could be evicted and Nana could have a money judgment against her and her credit harmed. If you are going to be the occupant, you should be named in the lease as an occupant and, ideally, the lease should be in your... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arizona on
Q: Property purchased and can't use because it is a water retention area with basin. What can i do about this?

Seller said that it is buildable but according to city theres no way to use it, it was a waste of $ seller played a fast one and i think something should be able to be done about it. Lawsuit to get $ back at least.

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

You may have an action for damages or rescission of contract due to the non-disclosure of this circumstance, but this is not something that you should handle on your own. I strongly recommend that you seek the assistance of an attorney. Once your attorney has all the facts and has researched this... View More

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: When does the other parent have to provide insurance information, if they say they have coverage?

Went to court for child support today and my ex said he’s had our twins covered under his insurance since March of 2018, but he’s been using my acchss from the state for the past month (we just recently starting doing 50/50) when he’s had to take the twins in when they are in his care. I... View More

Peter H. Westby
Peter H. Westby
answered on Aug 31, 2018

This is relevant information and you can request it at any time. Since he has ignored your initial request, you can make a formal request to produce. I recommend consulting with a family law attorney to assist you with this process.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I purchased a home with my then girlfriend, about 4 years ago. We have since broken up, but still reside together.

Can she legally have her niece to come and live indefinitely without my say, if I am against it? We live in Arizona. I alone am on the loan, but we both are on the title.

Peter H. Westby
Peter H. Westby
answered on Aug 29, 2018

Your girlfriend is an owner of the home and she has a right to have visitors of her choice. You have the same right. If this living arrangement is not working, you might consider selling the home or purchasing your ex's interest in this home.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: I am residuary beneficiary in my dad's estate. Trustee is joint on 1 property and beneficiary on another.

Both of those properties have existing mortgages. Is the trustee allowed to pay off the mortgage with estate money? I am worried that money that would come to me as the residuary will be used up to pay off these mortgages so that she inherits property free and clear and there is less money left to... View More

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

This depends upon the instructions given to the Trustee in the Trust. It may be appropriate. If the Trust is unclear or if you believe that the Trustee is acting improperly, an action can be filed with the Court to address these issues. Where a Trustee is abusing his/her authority, the Trustee... View More

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Arizona on
Q: Can a third party collection agency sue for an account charged off since 2012?

a local law firm has a 120-day hold on funds in my checking account for a credit card bill that was charged off since 2012. Most of the money in that account is from Social Security AND According to the Fair Debt act they should not be able to sue me for an account over three years old. I never... View More

Peter H. Westby
Peter H. Westby
answered on Aug 25, 2018

The collection agency can bring an action against you and may be entirely justified in doing so. Your job is to promptly respond by raising any and all defenses that are available. One defense might be statute of limitations. Another might be that your social security funds are exempt. There... View More

1 Answer | Asked in Family Law for Arizona on
Q: Can a stepmother keep a parent away from a child. My dad is terminal ALS, she has threatened me with a restraining order

She said she will do whatever it takes to keep me away from him

Peter H. Westby
Peter H. Westby
answered on Aug 25, 2018

On its face, the stepmother's conduct appears wrong. But, under some circumstances, her conduct might be appropriate. The answer to your question depends upon the facts of your situation. Some of the most difficult problems come from family conflict. I strongly recommend that you seek the... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Probate for Arizona on
Q: Father died: How do I get/search for the will, life insurance policy, and investment holdings?

Father died. Best friend/care taker claims a new will, not filed 60 days so far + will not give copy, or give copy of death certificate. He also filed and received ownership of my father's home by affidavit 4 days after death. This is in Illinois. I am in AZ.

Peter H. Westby
Peter H. Westby
answered on Aug 23, 2018

You will need to contact an Illinois probate attorney. Your attorney will be able to guide you through this process. It is possible that your father was the victim of elder financial abuse. This should be investigated. Once your attorney knows all the facts, he or she can inform you of your... View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Is there anyway to sure my husband for putting me thought hell?

My son passed a away less than 6 moths. My husband brings a woman home, since than I am suffering and depressed since we have to live together. Also my health is dropping because I am unhappy and could not sleep at night.

Peter H. Westby
Peter H. Westby
answered on Aug 23, 2018

Your situation is very complicated and there is no easy answer. I strongly recommend that you speak with a family law attorney. Once your attorney knows all of the facts, he or she can let you know your best options.

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: If he signs a disclaimer deed, do I still have to give him 1/2 of the house if I files for divorce?

I bought this house less than a year ago, even I use our join account to buy this house. I have him sign a disclaimer deed, is it he still can claim 1/2 of the house if we files for divorce?

Peter H. Westby
Peter H. Westby
answered on Aug 23, 2018

In a divorce, each spouse can make any claims each may believe are justified. The Judge will determine which claims are supported by the facts and which are not. In your case, your Judge will decide if your husband has any interest in this home. I recommend hiring a family law attorney to assist... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Arizona on
Q: We have two houses, one is under his name and other is under my name. If we divorce, each one will get one house?

we been married for 22 years and we both own a house. He bought his house before our marriage, but using our bank account to pay for his property, utility bill and any fixing of the house. My house was bought less than a year ago, with our join account money. But he sign a disclaimer deed, do I... View More

Peter H. Westby
Peter H. Westby
answered on Aug 23, 2018

If you and your husband settle your case, it can work out so that each of you keeps a home. If you do not settle, anything can happen during a trial. If the case goes to a trial you will have an agreement made for you by your Judge and it may not be ideal.

Your case involves two...
View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: My husband computer had pictures and video of him sleeping with another woman. Can I use it?

Could I used it to prove them having adultery?

Peter H. Westby
Peter H. Westby
answered on Aug 22, 2018

Arizona is a "no fault" divorce state. There is no longer any need to prove grounds for divorce such as adultery. Because of this, your video may not be useful. I strongly recommend that you discuss this matter with a family law attorney. Your attorney will want to know more about the... View More

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