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Questions Answered by Peter H. Westby
1 Answer | Asked in Real Estate Law for Arizona on
Q: I want to buy my moms house in Arizona so she doesn't loose it but I live in California how do I go about it.
Peter H. Westby
Peter H. Westby
answered on Aug 20, 2018

This transfer can happen the same as any normal real estate sale. You and your Mom can prepare and sign a purchase contract. Then you can open an escrow with a local title company. The Title Company will handle the transaction and will record a deed from your Mom to you. If you will be paying... View More

2 Answers | Asked in Family Law for Arizona on
Q: is It possible for grandparents to get visitation rights if they leave in a different state (ny)

I live in Arizona and her grandparents (my parents) live in NY. I have gone no contact with them since she was 2 months old. They saw her for 5 days when she was 2 weeks old. Is it possible for them to try to get some kind of visitation rights if we are in 2 different states? If so, is there... View More

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

If your parents apply for visitation with your child you can object based upon the grandparents' lack of contact and the best interests of your child. The grandparent's state of residence is not so important, but the grandparents' lack of contact with the child and apparent lack of... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: My tenant won't sign amendment to the lease on limiting overnight visitors. Lease is changing over to month-to-month.

She wants no limits to her boyfriend staying over. I live on the property and do want limits, but the original lease was less than specific about it. Can I legally say that since we couldn't come to an agreement on this, that I am giving her 60 days notice? Or should I just give notice with... View More

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

If your tenant's lease is coming to an end and the two of you cannot agree to the terms of the new lease, you may give her the appropriate notice called for by your lease to let her know that her tenancy is terminating. You are not required to give her any reason for your decision. If her... View More

1 Answer | Asked in Family Law for Arizona on
Q: I have 2 weeks till I'm 18, can I move out now in the state of Arizona?

I'm going to school for law and public safety and I can't get in trouble with the law or I'll be kicked out of the program, but I really want to move out. I just want to know if I will get in trouble if I leave in Tucson.

Peter H. Westby
Peter H. Westby
answered on Aug 13, 2018

It is very unlikely that you will get into legal trouble if you move out two weeks before your 18th birthday. However, you are pursuing a career in law/law enforcement. This is a career focusing on rules and following the rules. I would wait two weeks and move out when parental consent is not an... View More

2 Answers | Asked in Probate for Arizona on
Q: How can I get someone to show the will they claim was written after the one I have in my files

I am executor on my uncles estate and am named in the will. He recently passed away and his wife called to say I am no longer the executor of his estate and he left everything to her. He never told me this information and I have his will. I will not contest the will if this is true but she... View More

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

You might also check the county recorder's office records to see if there has been a non-probate transfer of the home. If this has happened, there might be no need for the surviving spouse to probate the will she claims to have.

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2 Answers | Asked in Estate Planning for Arizona on
Q: In a small estate affidavit in Arizona, who would have equal or greater rights than a surviving spouse?

I am a surviving spouse of my husband who died without a will.

Peter H. Westby
Peter H. Westby
answered on Aug 8, 2018

Any child of your husband from a previous marriage or any other relationship would have rights that are equal to yours in your husband's estate. Any person specified by your husband in a beneficiary deed could have rights superior to yours. Before you prepare and file anything with the... View More

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1 Answer | Asked in Real Estate Law for Arizona on
Q: my mother threatend me that she will sell our home i have resided in pay all bills and improvements if i dont give her $

she offered to invest in my condo in 2011 so i did not have to get a mortgage and pay rent. She considered it a early inheritance one inwhich i did not have to pay back. I gave her 32,000.00 as my investment for a 63,000. condo. the agreement was i take responsibility for upkeep and repair and... View More

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

You should speak with a real estate attorney to learn your legal rights. Once your attorney knows all of the facts, including the history of your use and connection with this property since its purchase, he or she will be able to recommend options. A quiet title action may be of help. A... View More

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Do I need a lawyer if I were to represent myself in the court to file against my ex-spouse who's late on child support ?

My ex is always late in picking up our kids and the kids say he may be using drugs and not using a car seat to transport our young 3yr old, I want to fight for full custody in addition to collect my late child support

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

You can represent yourself to enforce a child support order. The Maricopa County Superior Court has a good set of forms that are designed to be used by people without an attorney. They include detailed instructions. However, if you are planning to seek full custody, I strongly recommend hiring... View More

2 Answers | Asked in Probate for Arizona on
Q: Are we able to petition a court to change the executor named in my Dad's will?
Peter H. Westby
Peter H. Westby
answered on Aug 3, 2018

Yes. If the named executor/personal representative is unavailable or unfit the court can appoint another person to serve in this capacity. This is something that you would want to address when opening the probate of your Dad's estate. If the estate has already been opened, you can request... View More

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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What type of legal guardianship should we pursue?

We, The grandparents have been raising our grandchildren the past 18 months. Their father is incarcerated and their mother Has a substance-abuse problem. And is not willing to be a part of raising the kids.

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

You can pursue a normal guardianship for minor children. However, under the circumstances you might also consider terminating the parental rights of the natural parents and adopting these children. I recommend speaking with an attorney to learn more about these options. Once your attorney knows... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: Brother excluded my interests in property on affidavit to claim title. How do I claim my interest back?

There are four children, including myself that property passed to by intestate succession. My brother convinced my other 2 siblings to assign their interest over to him and excluded my interests when filing. So right now property is in his name only.

Peter H. Westby
Peter H. Westby
answered on Jul 24, 2018

Assuming your brother will not voluntarily give you your interest in this property, you can take legal action to obtain your interest. One option might be to file a quiet title action to have the court determine your interest in this property. Since your brother apparently filed an affidavit... View More

2 Answers | Asked in Estate Planning for Arizona on
Q: Hello, do I have to make a "Letter of Appointment of Executor", for my dads estate if a will has been made?

He is on a fixed income and I am trying to get his affairs in order before his passing. I was told I had to have a letter to appointment me as an executor for his estate all tho he will be leaving a will naming me as the sole owner of his belongings and accounts. I'm needing some help with this.

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

Your Dad should, at a minimum, have a Will that is validly executed. The Will should nominate a person to serve as personal representative upon your Dad's death. Letters Testimentary appointing a personal representative are not issued by the Court until a probate is opened after your... View More

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2 Answers | Asked in Family Law and Civil Rights for Arizona on
Q: Can I take a girl to court to see if it's my kid when she's still pregnant ?

2 months ago I got with a girl and she got pregnant and she told me she was 11 weeks pregnant and it was mine then she said she wasnt pregnant but we have mutual friends and my friend who talks yo her told me she told her she is pregnant. Oh tested this girl and called her and. Try telling her that... View More

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

You cannot take this young lady anywhere unless she voluntarily goes with you. In most cases, it is best to wait for the baby to be born and then immediately file a paternity action in the superior court. As a part of this procedure, the court can order DNA testing. If testing shows you to be... View More

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2 Answers | Asked in Real Estate Law for Arizona on
Q: Me and my wife are buying a house my credit is not too good the loan is in her name they want me to sign a disclaimer

What does this mean for me do I lose all my real estate rights of this property in the event of a divorce. I'm the one making most of the payment.

Peter H. Westby
Peter H. Westby
answered on Jul 19, 2018

A disclaimer deed is an important document. Use of a disclaimer deed is not unusual when only one spouse obtains the loan to purchase a home. However, in the event of a divorce, it is possible that your investment in this property could be lost. There is a way to prevent this from happening.... View More

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My children's father took my children without permission from Texas to Arizona witch is our home state what can I do?

I just recently found out he has took them from Arizona to Detroit MI. He wont let me see my babies what can I do? I dont know where to start at this point

Peter H. Westby
Peter H. Westby
answered on Jul 18, 2018

Speak with a family law lawyer in the children's home state immediately. Court action should be initiated and you may need to hire an investigator to locate the father. This is not something that you should attempt to fight on your own.

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Does my husband have any fianicial responsibility to his child born out of wedlock?

My daughter was born one month before we got married. We are separated and he drained our bank account and left me with know money to pay bills or to buy the necessaries to care for our daughter. I’m a full time student student and he has been the only one to make money.

Peter H. Westby
Peter H. Westby
answered on Jul 11, 2018

Yes, your daughter's father does have financial responsibility. I recommend speaking with a family law attorney immediately. A legal proceeding can be filed to obtain an award of child support to assist you with your daughter's care. There are also forms and instructions online through... View More

2 Answers | Asked in Real Estate Law for Arizona on
Q: My mother died without leaving her parcel to anyone in her will. My sister is the executor of her estate.

Can this be quitclaimed? We do not live in AZ.

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

I recommend speaking with an attorney in the State where the real property is located. In many states, such a property can be deeded directly from the estate to the estate beneficiaries but attorney guidance is strongly recommended to avoid a mistake.

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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Is there anyone in the Phoenix az area that can please help with pro bono? Im begging someone what happened is stresful

Alot has happened it has actually caused me not to be able to work because the other party fraudulently took child support lower way below guidelines without me knowing i havent been able to pay daycare its 720 a month and he only pays 300???? Plus i have other kids?? im fixing to be homeless now... View More

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

The State Bar of Arizona has a volunteer lawyer program. They can often match up a client with a pro bono lawyer.

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: trailer park owner i bought my trlr frm hadnt paid the taxes for 5 years how to make him pay them before trlr seized?

Can I sue him? and how?

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

You can file suit but, before you do, please check your purchase contract to see whose responsibility the back taxes were. Normally, they should be paid by the seller on or before the closing date of the sale but this liability could be shifted to you as part of your purchase price. If this was... View More

1 Answer | Asked in Probate for Arizona on
Q: I'm bankrupt and don't have any property to pass on to my family but they want me to do a will anyway.

Can't I just leave it to probate instead?

Peter H. Westby
Peter H. Westby
answered on Jun 17, 2018

If you have no property, there will be no need for a probate. Nevertheless, your family has a good point. You may have personal items or family items that have meaning and should pass to someone who will appreciate them. Expressing your wishes in a Will can be important to the persons who... View More

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