Arizona Questions & Answers

Q: My sister has our fathers will but won't send me a copy how can I get the wI'll or a copy

1 Answer | Asked in Estate Planning for Arizona on
Answered on Mar 25, 2017

If your father is alive you cannot. Only he has a right to it during his lifetime.

If your father has passed, you will need to consult with an attorney in the state where he lived at the time of his passing. Each state has different rules about when wills need to be turned over to probate, and how that process works, but push comes to shove AT SOME POINT you will be able to file an action with the Court to begin the probate process and force your sister to release the will....
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Q: Can a minor be sued for a car accident?

1 Answer | Asked in Car Accidents for Arizona on
Answered on Mar 11, 2017

See my other answer. The driver is typically who is sued, and if they are a minor by getting behind a wheel they consent to suit. May not be the law in Az.
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Q: How can I get legal aid in Arizona for a car accident that I am being sued for but I was a minor at that time?

1 Answer | Asked in Car Accidents for Arizona on
Answered on Mar 11, 2017

Sounds like you were sued, they got a judgment. If you had insurance at the time you need to find out what happened.

Also, depending on how many years it was it may be you can get the suspension lifted.

Start by talking to the insurance company you had at the date of the wreck. Then going to the DMV and get a copy of your license & registration record.

The license and registration record should show what was filed. You make copies of that. that will show what address...
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Q: If a person doesn't close their email on another persons phone. Can the phone owner use emails in court?

1 Answer | Asked in Internet Law for Arizona on
Answered on Mar 7, 2017

It will depend on the circumstances of the offer, as out-of-court statements, including emails, are hearsay. But the phone owner cannot be charged with a criminal violation for viewing emails without hacking into the account.
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Q: Can my university legally claim ownership of my intellectual property?

1 Answer | Asked in Intellectual Property for Arizona on
Answered on Mar 5, 2017

Yes, unfortunately, it likely can. You probably signed some sort of an agreement to that effect when you enrolled in the school.

A couple of points:

(1) Once you graduate and start working for a magazine or newspapers, your work will also belong to your employer.

(2) As far as exploitation goes, here is the idea why that is happening: The tuition for universities has been rising at a fast clip for the past 30-40 years. The overburdened parents are putting pressure...
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Q: Got green card 13 yrs ago but returned back to home country since then-never back to US. Any tax consideration?

1 Answer | Asked in Immigration Law and Tax Law for Arizona on
Answered on Mar 2, 2017

I am not an immigration attorney, but it is my understanding that the cancellation of a green card due to abandonment does not occur automatically. While USCIS can revoke Green Card status due to abandonment, it must take affirmative action to do so. If a Green Card holder has not received notice that the Green Card has been revoked, it is best not to assume it has for tax purposes. That being said, Green Card holders who been out of the country for extended periods of time often have trouble...
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Q: My home was robbed i know who did it but the police pushed it away. What can i do

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Arizona on
Answered on Mar 2, 2017

You may have a civil claim against her. Proving it however may be difficult, especially if the police and local law enforcement felt they had insufficient evidence to pursue the matter.
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Q: How do I find information/pay off a Restitution lien?

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for Arizona on
Answered on Mar 2, 2017

Go to or call the courthouse where the restitution lien was issued from.
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Q: My coworkers name was printed in the local paper re: her past due sewer bill, along with many others' is this legal?

1 Answer | Asked in Libel & Slander for Arizona on
Answered on Mar 2, 2017

If she hasn't paid the bill, then it is likely legal. Truth is always a defense to any libel or slander claim. There is also a First Amendment "freedom of speech" issue. You may want to speak with a local attorney to see if there are other facts and circumstances that would make the publication unwarranted or trigger a legal cause of action.
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Q: I want to get a ledger of my wife banks accounts, I have a power of attorney for finance but the banks refuses to give ?

1 Answer | Asked in Banking and Divorce for Arizona on
Answered on Mar 2, 2017

There is likely something wrong or insufficient with the document you are presenting. Is it a springing power of attorney. Has the POA been revoked? I would suggest you speak with an attorney in your area who will be able to assist you.
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Q: Roommate Agreement or Sublet Agreement or Lease Agreement?

1 Answer | Asked in Contracts and Landlord - Tenant for Arizona on
Answered on Mar 2, 2017

The legal concept you are proffering is a sublease. The landlord is renting to you and you are in turn renting a portion to others. If the others do not pay their rent, this does not excuse your obligation to the landlord. A landlord/tenant attorney in your area can help you prepare an appropriate sublease agreement.
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Q: My mom was tricked into buying overpriced collectible coins. What laws can I sue under?

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Arizona on
Answered on Mar 2, 2017

She may have a claim for fraud, fraudulent inducement, material misrepresentation. There are multiple consumer protection laws that may also be applicable. An attorney in your area should be able to help you.
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Q: Is it true that if I want a long term rental agreement the space rent goes up 350 dollars a month

1 Answer | Asked in Contracts and Landlord - Tenant for Arizona on
Answered on Mar 2, 2017

The landlord may adjust rent if the periodic term of your lease is up. You can pay the increased rent or refuse and move. Under the Arizona Mobile Home Landlord and Tenant Act (ARS 33-1401 et seq) the landlord would need to terminate the lease and provide appropriate notice. ARS 33-1476. You should consult an attorney in your area that is familiar with and practices in this field of law.
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Q: A family member owes me $100,000. A written agreement was made. He has failed to pay. What kind of lawyer do I need?

1 Answer | Asked in Contracts for Arizona on
Answered on Mar 2, 2017

A general civil lawyer in your area would be sufficient. I would suggest an attorney that is a debt collector, business attorney or contracts attorney.
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Q: What exactly are the benefits of a "set aside" judgment?

1 Answer | Asked in Criminal Law and Employment Law for Arizona on
Answered on Mar 1, 2017

The reason you aren't getting a straight answer is because the charges, even if set aside, are still accessible when a background check is run. A set aside is different from an expungment because it doesn't seal the record. An employer for example running a background check can still see that you have been charged with shoplifting and marijuana. However, the benefit is that a background check will show these charges as being set aside. You should also have an order from the Court stating...
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Q: a friend and myself were out target shooting one night and i forgot my gun in his truck.

1 Answer | Asked in Criminal Law for Arizona on
Answered on Mar 1, 2017

You need to present a claim immediately to establish ownership because the firearm risks being forfeited. You should contact an attorney to assist you with the forfeiture proceedings

There might be an issue regarding possession, but he should contact a separate attorney.
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Q: I'm conducting research for a novel and need information concerning sentencing & parole for sexual assault in Arizona.

1 Answer | Asked in Criminal Law for Arizona on
Answered on Mar 1, 2017

You aren't posting this in the right forum. I would recommend sitting in on trials and schedule a tour to visit one of the local jails. That's going to help you out way more than posting on here. This forum is designed for people who get themselves in legal trouble and are seeking help of attorneys.
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Q: 1% or more owner in business?

1 Answer | Asked in Business Formation for Arizona on
Answered on Feb 28, 2017

The choice of what to offer in exchange for a piece of the company is a business decision for you. The choice depends on whether repayment of the loan/note is worth more to you than a less certain return from an increase in stock value. If they are selling stock at a per-share price that is less than what you could work out as consideration for the equipment sale, then you obviously should invest your own funds directly.
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Q: USCIS I-864-Affidavit of Support Question

1 Answer | Asked in Immigration Law for Arizona on
Answered on Feb 26, 2017

Your spouse is the primary immigrant. You file the I-864 for each immigrant and the I-864 is the same for each filing only for different individuals. If you are doing this yourself read the instructions carefully.
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Q: If i take a copyrighted picture, and trace over it to make my own copy, as long as i give credit, will i get in trouble?

1 Answer | Asked in Copyright for Arizona on
Answered on Feb 24, 2017

All copyrightable works published before 1923 are now in the public domain. If the version of this image that you're tracing was published before 1923, you can legally do almost anything you want with it.
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