Get free answers to your legal questions from lawyers in your area.
The debt is credit card debt more than what is in the trust. She is the only account holder with the credit cards, with one authorized user.
answered on Jun 17, 2018
Normally, the estate of a deceased person is responsible for payment of debt. However, where a trust exists, the Trust document must be reviewed. It is possible that the trustee of the trust has been instructed to pay debt from Trust assets.
I was living with a friend of mine for two years he owns the house Im talking about he has no children or imedate family about a year of me residing there we discuss what will happen to the house if anything happens to him he said he would like to make a will up so I can get the house & pass it... View More 
answered on Jun 17, 2018
The property owner will need to judicially evict this person. The Arizona Residential Landlord Tenant code describes this procedure. Filing can be done in Justice Court and the Court can usually help with forms. This is an unusual situation and I recommend that you seek the advice of a real... View More
We were in contract to build a new home.
The owner of the company (non-licensed) showed us the model, went over pricing, and assistant with everything else along the way.
At our last meeting with the design team we notice our balance was a lot higher than agreed upon due to... View More
answered on Jun 15, 2018
You might owe a commission. Builder contracts are often drafted to favor the builder. I recommend that you have a real estate lawyer review your contract and any other document signed by you. Your lawyer will be able to answer your questions and assist you in resolving this matter.
We reside in a gated community controlled by an HOA in the City of Mohave Valley, County of Mohave.. There is a colony of “Community Cats” also residing in the neighborhood due to uncontrolled breeding. We have begun a Trap, Neuter and release effort, however, our neighbors have stated a strong... View More
answered on Jun 12, 2018
I would need to know more about your HOA CC&R's and how this new rule was adopted before I could answer your questions concerning the rule and whether it is enforceable. If the new rule was adopted lawfully, you will need to abide by it or risk being fined. If this is a bad rule and you... View More
Requesting supervised visits for my spouse and zero contact with me.
This all stems from a heated argument we got into while on vacation. We are both in recovery and we relapsed while on family vacation. We had a verbal fight, but were arrested for misdemeanor domestic violence. No charges... View More
answered on Jun 12, 2018
Based upon what your husband's ex has already done, you can expect a fight in court. This is an important matter and you should not attempt to handle it on your own. I strongly recommend that you hire a good family law attorney to assist you. Your attorney will learn the history of your... View More
my husband and I married in 2007 and have not lived together in years. we were told that Arizona will annul our marriage without notifying either of us. is this true? Are we still legally married?
answered on Jun 11, 2018
No, this is not true. The State of Arizona will not annul a marriage unless one of the parties requests an annulment by filing a Petition with the Superior Court and serves notice upon the other party. You will remain legally married until there is an Order from the Superior Court dissolving the... View More
If I own an entertainment corporation can I purchase property in my corporations name. I want to purchase 2 commercial properties. Both will be a storage/warehouse for equipment but in separate states because I provide entertainment services in different states and hate shipping equipment back... View More
answered on Jun 8, 2018
Provided your corporation's governing documents allow it, your corporation can purchase real estate. Check with a lawyer in each state where you plan to purchase property. You may need to register your corporation as a foreign corporation doing business in each state. Your local lawyer will know.
Grandson has medicaid
answered on Jun 7, 2018
If you are actively engaged in the care of your grandson, it would be helpful to have a childcare POA signed by your son. This will authorize you to give consents that normally need to be given by a parent.
I have been a power of attorney on my brothers bank account. I sometime use the money in that account to pay my credit cards and also I have borrowed money from that account. My brother and I run business together so there were instances that some of the money deposited in the account was from my... View More
answered on Jun 4, 2018
Since you have been using this account, it is likely that your judge would order the disclosure of the account information to your ex. She can subpoena these materials from the bank. I recommend that your brother speak with an attorney. If there is a good reason why these records should not be... View More
Is there a legal definition of "Master Association" in Arizona? or anywhere?
Our community does not have a Master Association.
answered on Jun 4, 2018
Many homes in Arizona are subject to more than one HOA. Often there is a Master Association governing a large area. If your home is subject to a Master Association, the commitment for title insurance you obtained when you purchased your home should reveal this and should let you know where the... View More
She could not qualify for the loan, her father and I co signed, I was concerned they did not update the paperwork to married, although I asked, they said it would be fine. They did however know she was married because we had to pay a judgment against husband before they would close on the house,... View More
answered on Jun 1, 2018
No, nothing was done wrong. Disclosure was made to the lender and the lender closed the loan. Your daughter's obligation was to disclose her status. Then it was up to the lender to proceed or to revise the documents to include her husband.
Does his soon to be estranged wife have any rights to the property?
answered on May 31, 2018
Your son's wife may have a community lien interest in this home if the mortgage payments and home maintenance or improvements were made with community funds during the course of the marriage. This can be a complicated issue and should be discussed with your son's family law attorney.
THey are asking for over 70% of my income. SHe makes a lot more than I do and I have the kids 60% of the time so I know she had to have lied to the court.
answered on May 30, 2018
I recommend that you hire an attorney to challenge the order. If the court that entered the child support order is located in another state, you will need to hire an attorney in that state to assist you. Unfortunately, this situation is not uncommon. But, if you act promptly and provide complete... View More
My sister and her husband are seperated due to demostic violence in his part. I just found out her children are in foster care. After a long talk and lots of consideration she wants to sign over her rights so I can take her children since I live in Az and she lives in NC. If she did sign over her... View More
answered on May 29, 2018
Unless already terminated, the children's father would still have his parental rights and could seek custody himself. Before you take any action, I strongly recommend that you speak with a family law attorney in North Carolina to learn your legal rights under the law of that state. Your... View More
My grandma had 2 properties and just found out my uncle sold both properties and got the issuance money. After my grandma passed me and my siblings live in my grandma's home with all utilities off we tried to reach out to my uncle for help, and he told us that he did not know amythin about the... View More
answered on May 29, 2018
This is a complicated family situation and is not something that you can likely remedy on your own. I recommend that you meet with a probate attorney to review all of the facts. Once he or she knows the facts, your attorney will be able to answer your questions, advise you of your legal rights... View More
guardianship conservatorship for my disabled adult son
answered on May 25, 2018
You can visit the Maricopa County Superior Court website and find the section with forms. You will find guardianship forms and they come with instructions. This is not a matter of filling out a simple form. It is a court proceeding and you may need assistance. I strongly recommend that you... View More
answered on May 25, 2018
Where there is no Will, a person's estate passes to his next of kin according to the Arizona Statutes dealing with intestate succession. See ARS 14-2102 and 14-2103. There are exceptions to this where, for example, property is held in joint tenancy or where a person is named as a... View More
My baby was CONCEIVED BEFORE MARRIAGE but was born a week before the divorce was granted.
No custody was legally established because I left the state where the divorce happened before the baby was born and this remains so.
answered on May 24, 2018
Under ARS 25-814 your ex is the presumed father because the two of you were married before the birth of your child and were still married when the baby was born.
My other aunt told me her lawyer will be sending me this waiver because she claims my aunt that passed didnt have a will (but I was there when she created it) and she told me my aunt took a reverse mortgage on the house and the bank was taking it... my aunts house had been paid off since the... View More
answered on May 17, 2018
I recommend that you consult with a probate lawyer and have him or her review any documents given to you before you sign anything. Your probate lawyer can investigate the claim of a reverse mortgage and can protect your interest in this estate.
answered on May 16, 2018
You may have the right to be reimbursed and/or you might have an equitable lien depending upon the facts of your case. You may have no rights whatsoever. I recommend that you speak with a real estate attorney concerning this matter. Once your lawyer knows all of the facts, he or she will be... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
