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Arizona Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: My son was born in a different state. What are the steps for filing for "Joint Custody"?
Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

The first is to determine what state has jurisdiction.

For that we first look to what state is the home state. The home state is either

(1) the state your son was born in, if it's the only state he has ever lived in;

OR

(2) the state where he most recently...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: In Arizona is it legal to use a blood sample drawn 2 1/2 hours after being stopped?

The law in Arizona says it is Mandated that a blood draw must be taken 2 hours or less after being stopped or it is not admissible in court.

How can they attempt to use a retrograde extrapulation against you when the law states that is not admissible if taken after 2 hours?

The... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on May 22, 2024

Generally, the law does not require blood to be drawn within 2 hours. I think you are confused with particular alcohol-related DUI charges, which require the State to prove alcohol concentration within two hours. As a result, officers are supposed to draw blood within 2 hours of driving or actual... View More

1 Answer | Asked in Car Accidents and Personal Injury for Arizona on
Q: Hello My stepson got in an accident when I was in mexico i didnt give him permission to drive the car now Im responsible

He is 18, the police did not give him a ticket for no license and they did not want to change the police report

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. You have probably been in touch with your insurance carrier. If the accident involved damages or injuries to another vehicle and its occupants, your carrier should be placed on notice of the accident. That would... View More

3 Answers | Asked in Bankruptcy for Arizona on
Q: After a bankruptcy that was discharged in 2010 can Bank of America still try to collect on a HELOC that has a lien for

49k and I was told they wrote off the debt in 2017?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 21, 2024

A properly recorded lien is not discharged by a bankruptcy proceeding, whether a Ch.7 or Ch. 13 (there may be a way in a Ch.13 if there is no equity for the HELOC to attach, but that will be litigated).

Likewise, a creditor's "charge off" of any loan balance is in *internal*...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Arizona on
Q: Can I access business loans and grants in a state other than the one my LLC is filed in?

I want to start a new LLC and take advantage of the privacy and tax advantages states like Nevada, Delaware and Wyoming provide however I do not reside in those states. I would be a minority owned business so wondering if any of the programs in my home state for helping small businesses through the... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

Starting an LLC in states like Nevada, Delaware, or Wyoming can offer various privacy and tax advantages. However, if you do not reside in these states, you may face limitations regarding access to small business assistance programs in your home state. As a minority-owned business, you might be... View More

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Can the beneficiary of a deceased person go after the deceased persons attorney
Joel Gary Selik
Joel Gary Selik
answered on May 13, 2024

Yes. If you have losses due to provable malpractice.

1 Answer | Asked in Tax Law, Banking, Business Formation and Business Law for Arizona on
Q: We run a business overseas and want to create a LLC in order to use US Credit cards while paying no taxes in the US

We run a business in Cyprus ( oversea). Can we create an entity in the US(LLC) in order to use this entity to sign up for an American Express Business Platinum Account. Since I am already an amex user in the US, I can transfer my credit history to my business account.

Our business is doing... View More

James L. Arrasmith
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answered on May 14, 2024

As a foreign business, it's important to carefully consider the legal and financial implications of setting up a US entity solely for the purpose of obtaining credit cards, especially if the intent is to avoid taxation. This could potentially be viewed as tax evasion by US authorities.... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Arizona on
Q: how and or when are the revised statues to be implemented in a situation?

i was recently in a car accident in az . ended up running through a red light and the other guy was making a left hand turn at the same time. although i believe if i didnt have to slam on the breaks i would have made the light even though i should have probably slowed down and stopped i am not... View More

Tim Akpinar
Tim Akpinar
answered on May 26, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney on V&TLs, the statute should be continuously enforced if it became law. Good luck

2 Answers | Asked in Consumer Law for Arizona on
Q: Is an airline liable for missing a flight, which a three hour wait to check baggage and get a boarding pass?

I arrived three hours early for a flight in Austin Texas, yet I missed the flight because the airport had a three hour wait to check baggage and get a boarding pass. The airline did not have another flight for two days, so I had to book a room and get another flight through another airline for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2024

Southwest has self-service kiosks where passengers can get a boarding pass and check their baggage themselves. A SWA passenger literally only has to drop their tagged checked baggage at a counter for it to get put onto a conveyor belt to be loaded onto the airplane. If there was some sort of... View More

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1 Answer | Asked in Probate for Arizona on
Q: Probate law Q: I am the sole beneficiary and personal representative of my fathers annuity trust fund.

Need free legal advice on what to do to do, Completed all legal steps. Its been 8 years and no lawyer can provide information on how I can what my deceased father left me. I need to move forward with this. I look forward to a response for advice and or answers on my next steps to take in this... View More

Anthony M. Avery
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answered on May 9, 2024

Annuities are notorious for not paying out to designated beneficiaries. You might be able to sue the Annuity/Insurance company, but what court has jurisdiction will be a problem. SOL may have run, AZ law may not apply. Hire an attorney to sue in a local AZ Court or in Federal Court.... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: Can my USA citizen wife sponsor me if my case is on hold based on TRIG?

I was granted Asylum in Arlington VA office in 1998, after 1 year I applied for i485, USCIS put my i485 adjudication on hold based on TRIG. It has been more than 2 years since my interview but I have not received my Green card, can my USA citizen wife sponsor me while I am on TRIG hold under... View More

James L. Arrasmith
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answered on May 8, 2024

Based on the information you provided, it seems that your I-485 application (Adjustment of Status) has been placed on hold due to the Terrorism-Related Inadmissibility Grounds (TRIG) provisions. This can be a complex situation, but here are a few points to consider:

1. Sponsorship by a U.S....
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1 Answer | Asked in Lemon Law for Arizona on
Q: Can I sue for auto dealership fraud?

I bought a car from a dealership in January 2023. Since then the car has been in the shop 3 times. This last time found out prior to me buying the car that the dealership knew the car needed a new engine before reselling and yet they sold it to me anyway. Do I have a case?

John Michael Frick
John Michael Frick
answered on May 7, 2024

If the vehicle was new when you bought it, you may have a case, most likely for breach of warranty.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have possession of the property of which I have had for the last 5 years and solely paid,i need to sell do i need

Permission from the co owner he has been in prison

Anthony M. Avery
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answered on May 7, 2024

All titled owners will need to convey. If the other does not agree, and he can convey from prison, then you might consider hiring an attorney to prosecute a Sale For Partition.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Does title in AZ go back to original title after one person quik claim deeded his 50% to someone and they signed deed ba

My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.

"Right of Survivorship" in Arizona only applies to married...
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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What's my next move if after being named in the will (and by court) PR, someone has apparently petitioned as PR as well?

They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

Unfortunately, unless the estranged stepfather is going to withdraw voluntarily you are going to have to petition the court formally. I suggest that you may need legal counsel to advise you. A demand letter may be the first step to avoid any litigation, but if there is no positive response a formal... View More

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1 Answer | Asked in Immigration Law for Arizona on
Q: Will I be granted naturalization despite the fact that I added my son born out of the United state and not residing

Will I be granted naturalization despite the fact that I added my son born out of the United state and not residing in the United state on my form N 400 application?

James L. Arrasmith
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answered on May 5, 2024

Based on the limited information provided, it's difficult to say with certainty whether adding your son who was born outside the United States and is not currently residing in the U.S. to your Form N-400 (Application for Naturalization) will impact the approval of your naturalization... View More

1 Answer | Asked in Car Accidents for Arizona on
Q: someone blocking my car with there car & &i hit there car &i get thru and leave i was charged leaving scene of accident

I had no idea why he was blocking me so i panicked but i backed up then he would back up 3 different times finally i got thru and just went home. Can he get charged with something

Joel Gary Selik
Joel Gary Selik
answered on May 4, 2024

A skilled criminal defense attorney could work to have the case dismissed or found not guilty.

1 Answer | Asked in Legal Malpractice for Arizona on
Q: This a question regarding professional mal practice and statute of limitations.

In regards to the statute of limitation and the discovery rule, what is deemed to be legitimate understanding of when the plaintiff should have know of professional malpractice? In theory, the plaintiff does not know all the laws regarding what would be a valid claim of malpractice. So if they were... View More

Tim Akpinar
Tim Akpinar
answered on May 11, 2024

An Arizona attorney should advise you, as such laws can be state-specific. But until you arrange a consult, discovery doesn't generally mean discovering that a law applied only after learning the applicable law about your matter.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I live in Arizona, I'm having d.C.S issues they are getting in the way of my relationship with my wife

They took the kids. They are making me look like a bad guy. Everything is blamed on me. Just want to know why.

Aaron Brann
Aaron Brann
answered on Apr 29, 2024

In Arizona, the Department of Child Safety (DCS) typically intervenes in family situations when there are concerns about the safety and well-being of children. This can include allegations of neglect, abuse, or other harmful environments. If DCS has removed your children from the home, it's... View More

1 Answer | Asked in Insurance Bad Faith for Arizona on
Q: Can I get help dealing with State Farm Auto Insurance over an inflated accident apprasal by Kaizen?

I scratched my car in a "my fault" parking accident. No injury only minor damage to both cars. Other car was fixed. State farm said my car was total loss. Then not totaled, then it was totaled again, Finally not totaled. I have my car. State Farm agreed to fix my car per an... View More

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2024

An Arizona attorney could advise best, but your question remains open for a week. Attorneys may want to know what happened to make State Farm vacillate back and forth in its total loss declaration. Attorneys may also have questions about how scratching a car resulted in a total loss declaration. If... View More

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