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Arizona Questions & Answers
1 Answer | Asked in Car Accidents and Land Use & Zoning for Arizona on
Q: what happens if i park in a no-parking zone and im not with the car and the police is taking pictures of my car

i parked in the desert in a no-parking zone and i left it there at night and 4 cops were taking videos and pictures of it

Peter N. Munsing
Peter N. Munsing answered on Jan 20, 2020

Looks like you will receive a citation. If it was a protected area could be citations on that as well. If it was an area around a military facility you may have additional charges it it was posted as a restricted area.

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: JAN 2019, I STARTED WORKING ON THE 14TH AND SIGNED ON FOR A GUARANTEED PAY FOR THE FIRST YEAR OF 35K THAT CHANGED IN JUL

JULY OF 2019 TO THE AMOUNT OF 45K WHAT AM I OWED FOR THE GUARANTEED PAY?

Joel Friedman
Joel Friedman answered on Jan 18, 2020

I'm not sure what questions you have and this is not part of my practice area (I only represent people with work injury claims) so my answers should not be relied on to determine what rights you may have - it appears from your question that you received a raise as of July 2019. Your monthly salary... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: As second named trustee, can I file suit on behalf of the estate when first successor trustee chooses not to act?

I am the second named successor trustee of an irrevocable trust and the trust document’s only wording regarding succession states, “If ___ fails to act for any reason, then ____ shall act without bond”

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2020

First try to get the first named trustee to sign a resignation. Or, if a trust protector is named in the trust document, ask the trust protector to remove the first named trustee. If the foregoing doesn't work, hire a trust administration attorney to review the trust document to see what your... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I have been charged with a criminal misdemenor. I plead guilty and now will attend a pre-trial conference. I am canadian

My fear is that I won't be able to cross the border if convicted of a criminal charge. I was riding my Off road vehicle in the desert - there was a wash out on the trail so I took a well used trail around it. But as I took the trail I observed someone waving to me. I approached them. It was a Fish... Read more »

Mike Branum
Mike Branum answered on Jan 16, 2020

It is highly unlikely that a nonviolent misdemeanor conviction would have any effect on your admissibility into the US. 8 USC 1182 lists the factors which may make a non-citizen inadmissible to the US. The two sections which most closely relate to your question are (2)(A)(i)(I) crime involving... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I have a child custody order for supervised visits from Louisiana,how do I get the state of Arizona to recognize the it
Rich J. Peters
Rich J. Peters answered on Jan 14, 2020

We would need to "domesticate it", which means filing a certified copy along with required documents. It is a very simple process.

More importantly, are you hoping to enforce it here? Modify it here? If so, we would need to discuss jurisdiction issues as well as modification issues and...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Arizona on
Q: I have a dcs case in arizona and it's super complicated...

I gave birth at home. It was planned, my second all natural birth. She came at 37 weeks just like my previous daughter. She was pink she cried she nursed she pooped. We went to sleep when I awoke she was not breathing. Called 911. Was told at hospital she had died. Then I was held in the room where... Read more »

Mike Branum
Mike Branum answered on Jan 14, 2020

First, I cannot imagine what you are going through. I wish you the strength to weather this storm, the patience to deal with the government bureaucracies, and the resiliency of spirit to bounce back from this ordeal when you reach the other side.

Unfortunately, unless you can afford an...
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1 Answer | Asked in Immigration Law for Arizona on
Q: Do we need a wedding ceremony or can we get court marrieage or signed by our preist for GC?

My fiance and I've been in relastionship for more than a year. We are living together (6+ months) and engaged for about 3+ months. She is a US citizen and has never been married. Has a 6 year old kid. Both of us have good jobs. I'm currently on H1-B and never out of status. My GC is filed under... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 14, 2020

Either a court marriage or a church marriage, as long as it is recognized by the state, are valid marriages. It doesn’t have to be a big affair.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arizona on
Q: Do other access roads, though not in good condition, negate a prescriptive easement?

A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 13, 2020

This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate... Read more »

3 Answers | Asked in Bankruptcy for Arizona on
Q: Removing garnishment - Chapter 7

Someone owes me money and I won a default judgement and just filed for garnishment. I received notice that they are filling for Chapter 7. The email from the her lawyer said I had to contact her employer to remove the garnishment. Do I need to do this, or should they do this? Honestly, I don't... Read more »

Timothy Denison
Timothy Denison answered on Jan 13, 2020

Yes. If they filed bankruptcy, you must release the garb immediately or run the risk of violating the automatic stay and being sanctioned for it

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: The trustee of my fathers irrevocable trust breached many of her trustees duties . I hired an atty which I paid 14,000

Paid atty in order to get finacial records they would not give me because they could not interrupt the terms in the trust to determine what my interest was . I refused to sign a release of liabilities and the trustee refused to guve me an early distribution . The trustee Than charged me for the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

The best source of advice for this situation is your existing attorney, who knows the facts and circumstances better than anyone else besides yourself. If you are dissatisfied with your existing attorney, it is within your power to fire him or her and hire another attorney. Be prepared, however,... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: I’m dating a 18 year old and I’m 17 and my parents want to put him in jail can they do that?

Me and my boyfriend were dating for three months prior to him turning 18. Recently, we were at my house and were messing around play fighting and he accidentally damaged my room causing my mom to believe that he hits on me. I dismounted the allegations and she now wants to end my relationship and... Read more »

Mike Branum
Mike Branum answered on Jan 9, 2020

First, if he ever DOES physically, emotionally, or mentally abuse you; leave and do not look back. You deserve better. Period.

You ARE considered a minor in Arizona, but the fact that he is less than 2 years older than you and under the age of 19 makes it almost certain the prosecutor would...
Read more »

1 Answer | Asked in Car Accidents for Arizona on
Q: If you get money from a car accident how long does your Heath insurance company have to make a claim against you
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2020

Contact the lawyer who represented you--they should have determined if there is a subrogation claim and dealt with it.

4 Answers | Asked in Estate Planning for Arizona on
Q: Re: A family trust 3 children, trust is to divide equally. In the trust, property is "conveyed' to one son by parents

as his sole and separate property. 3 children are the beneficiary's.

Question: Does "divide equally" mean the son has to buy the home from the trust?

Or, does it mean son gets the home as parents wish and whatever is left in the trust is then divided equally 3 ways?

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

It is not possible to answer your question without reviewing the trust document.

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1 Answer | Asked in Child Support for Arizona on
Q: how is child support calculated for 2 different mothers will one get more or equal amounts
Rich J. Peters
Rich J. Peters answered on Jan 8, 2020

Child Support in Arizona is based upon a formula. That formula would be applied separately to both Mothers, and thus may have different results.

The factors considered include (1) the parents' respective incomes; (2) whether either parent has additional children or support obligations; (3)...
Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: A question on paying real estate commissions to a management company that was terminated.

I am selling a residential rental property to the tenant. I have a contract with the old management company that requires I pay them 6% if selling within 180 days of the lease termination, even though I brought the tenant to them. I terminated the lease early and had a new lease signed. I also... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 7, 2020

I strongly recommend that you consult with a real estate attorney. Your question cannot be answered without reviewing the contracts and other materials you mentioned, including correspondence between you and the management company. You can be sure that the management company will interpret its... Read more »

2 Answers | Asked in Bankruptcy for Arizona on
Q: No I filed in feb 2019 I gave them 2018 tax refund
Diane L. Drain
Diane L. Drain answered on Jan 6, 2020

The bankruptcy estate has a right to a pro-rata share of your 2019 refunds.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: So my case was closed and now reopened I gave them 2018 tax return now its reopened will I have to give the 2019 also
Diane L. Drain
Diane L. Drain answered on Jan 6, 2020

Probably not if you filed your bankruptcy in 2018. But, it is best to talk to your bankruptcy attorney in order to make sure your interests are protected.

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1 Answer | Asked in Family Law for Arizona on
Q: My child's father and I have never been to court or have any orders on custody or visitation. Can I move to CA?

My mom's company in CA is expanding and she wants me to work for her. I have experience in her company's line of work as well.

Rich J. Peters
Rich J. Peters answered on Jan 3, 2020

The easy answer is yes, you can. However, it would be a good idea to have an experienced Family Law attorney review your situation BEFORE you move. There is much to think about in deciding whether to move before or without filing any proceedings, or filing before you move. There can be... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: If I leave my baby's mother and move out, will I be able to see my child?

Our son is still under a year old, me and the mother have been living together but have recently decided to break up. I have been wanting to move out because living with an ex is hard, but haven't because I am scared that I won't be able to see my son once I leave. I wouldn't take him with me... Read more »

Rich J. Peters
Rich J. Peters answered on Jan 3, 2020

If we were helping, we would be approaching Mom right away to demand access. We would also be filing right away. She does not have the right to unreasonably restrict your access, and if she does so, she herself could suffer repercussions.

Do not allow yourself to miss irreplaceable...
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1 Answer | Asked in Divorce for Arizona on
Q: If I’m married to a women and I have a two year old son that is not biologically her to I file divorce without a miner?

I’m a girl married to a girl

Rich J. Peters
Rich J. Peters answered on Jan 3, 2020

Yes. But was the child born during the marriage?

Please come in soon. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer...
Read more »

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