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Arizona Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Arizona on
Q: How do I find out if my dad had a will? His girlfriend was his POA when he was alive and she doesn't communicate.

I believe he created a trust for my sister and I but we don't know anything about it. Is there a way to look up that info?

Andre Lee Pennington
Andre Lee Pennington answered on Apr 8, 2020

One thing you can do is look up the home address at the Maricopa County Assessor's Office. It will tell you if the home is in the potential Trust. Here's a link: https://www.mcassessor.maricopa.gov/

1 Answer | Asked in Criminal Law for Arizona on
Q: Is it normal for there to be different charges that are not listed when you were told certain charges you will c judge 4

Every time u turn around my fiance charges change court papers say "DANGEROUS DRUG" POSS & SELLS, my arrest online charge went from SYNTHETIC DRUG MANUFACTURER OR SELL and the open access updated website says TRANSPORTATION DANGEROUS DRUG FOR SELL..

Also on police reports some say charged... Read more »

Stewart Salwin
Stewart Salwin answered on Apr 4, 2020

When the police write their report (the "departmental report" or DR) for a felony case, they submit the paperwork to the prosecutor and they will suggest certain charges be filed. This is known as a "long form" submittal. Once the prosecutor receives the long form submittal, he will then make a... Read more »

3 Answers | Asked in Personal Injury for Arizona on
Q: I am being sued for 50k personal injury for car accident I was not involved in-occurred in another state. What do I do?

I was served with a summons yesterday to appear regarding a personal injury claim. Apparently about one year ago someone rear-ended a man in OR, and he is suing me for 40k in non-economic damages and 9.5k in medical expenses. I live in AZ and was not in the state of OR last year. My credit card... Read more »

Tyler Young
Tyler Young answered on Apr 4, 2020

Report the claim to your insurance company immediately. They will pay for a lawyer for you to defend the claim and to answer the complaint. If you truly weren't in this wreck, then the lawyer from the insurance company should be able to get the claim dismissed fairly quickly. Fear not because... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: What should i do with an open container charge? Pulled over for failure to stop and had open container in car.

Wasn't drunk passed all test no breathalyzer given. Just plead guilty and pay the fines? What could it be pleaded down to?

Stewart Salwin
Stewart Salwin answered on Apr 3, 2020

As you are probably already aware, violation of Arizona's open container law (A.R.S. 4-251) is a class 2 misdemeanor punishable by a fine of up to $750 and up to 4 months in jail. As a practical matter, I have not seen a violation of the open container law result in jail time, but it is... Read more »

1 Answer | Asked in Foreclosure for Arizona on
Q: Does Idaho have a hold on evictions
Diane L. Drain
Diane L. Drain answered on Apr 3, 2020

You are posting this in Arizona. Try reposting so Idaho attorneys can see it.

2 Answers | Asked in Criminal Law, Sexual Harassment and Civil Rights for Arizona on
Q: A sexual assault happened to me in NY state over 5 years ago. However I currently live in Arizona. How do I report this.
Mike Branum
Mike Branum answered on Apr 2, 2020

Unless the crime committed against you meets the criteria to be considered a rape, the statute of limitations has run on your case and charges may not be filed. NY has increased the SoL on rape to 10 or 20 years but sexual assaults are still either 3 or 5 depending on whether the crime was... Read more »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My mom died in 2010 and how do I get my mom's property in her name?

My mom died in 2010 and my dad has been staying on the property. My half sister (my dad's daughter)wants me to put half in her name. What should I legally do? (Squatter's rights?) My dad is terminal and will be dying soon and he has a girlfriend living on the property there and may want the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2020

You are going to need to hire a probate attorney to probate your mom's estate. Probate is the process by which the property of a decedent gets retitled. Who inherits the property depends on whether or not your mother had a will and whether or not the property was her separate property or community... Read more »

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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arizona on
Q: how do I legally create a militia in AZ? What can I not do?

I created a group that consists of 23 people. We have soldiers, cooking staff, registered nurses, maintenance crew, and a supply/inventory crew that would come together in the event of a total collapse of the government and the United States. I was thinking about having some of us register as NRA... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

As a criminal defense lawyer, I don't have the best answer for you. I recommend that you contact a lawyer who specifically deals with constitutional law as this is going to be up the alley of constitutional freedoms such as speech, assembly, etc.

On the criminal defense side of things, I...
Read more »

1 Answer | Asked in Traffic Tickets for Arizona on
Q: would i get pulled over just for driving during the 30 day quarantine Arizona is having now?
Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

No! You still have constitutional rights that protect you and your families. When it comes to being pulled over, the police must have a valid reason to pull you over. They cannot use the stay at home order as justification to pull anyone over and question them.

On the incredibly off chance...
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1 Answer | Asked in Traffic Tickets for Arizona on
Q: I have a citation for no registration, no seatbelt driving on a suspended license and headlight out. They are all over

Over 15 years I received them mostly all in one day from each jurisdiction, Peoria, Glendale, Phoenix, Tempe, Mesa. I even served time in jail for about a week. How can I get them reduced or dismiss

Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

In Arizona, we do not have a law that allows for expungements. However, we do have a law that allows for "Set Asides". This essentially is the AZ equivalent of an expungement or sealing records.

In your situation, it seems as if these offenses occurred 15 years ago and you were already...
Read more »

2 Answers | Asked in Criminal Law for Arizona on
Q: I was released from jail on my own recogn. But the judge wanted me to go check in with probation / pretrial but I couldn

Find it , will I get intouble for not checking in ?

Stewart Salwin
Stewart Salwin answered on Mar 31, 2020

If the judge tells you to do anything at all, you need to do it. In your case, yes, you could definitely get in trouble for not checking in with pretrial services.

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1 Answer | Asked in Car Accidents for Arizona on
Q: I was injured in an auto accident
Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

You didn't say what the issues are. I suggest you contact a member of the Arizona Trial Lawyers Assn in the county where the wreck happened. They give free consults, and can tell you your rights. Don't give a statement to an insurance company until you speak with the AZTLA member.

3 Answers | Asked in Bankruptcy for Arizona on
Q: Are memos on checks legally binding in a bankruptcy case?

We are the creditor in the BK for owed assessment dues in an HOA...the debtor objected to our proof of claim so we amended. The debtor continues to object claiming we are not using checks written to the hoa because in the memo line they say something unrelated to dues.

Timothy Denison
Timothy Denison answered on Mar 30, 2020

No. The j my Enid are not binding.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: chapt 7 stimulus checks

hello I am in the middle of a chapt 7 BK will my Trustee get our stimulus checks. My wife is not in my BK

Stuart Nachbar
Stuart Nachbar answered on Mar 29, 2020

I do not believe that the stimulus checks will go to the trustee. It is a post petition payment in your case and according to the stimulus bill, it is exempt from income on the means test.

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1 Answer | Asked in Family Law for Arizona on
Q: Do married minors have legal adult rights?

I am getting married soon for college housing and my mother is consenting. I am only 17. Will I get all legal rights?

Mike Branum
Mike Branum answered on Mar 29, 2020

No. You will need to file for emancipation. Emancipated minors have all adult rights with the exception of the right to vote.

Start saving now for your first divorce. Divorces are expensive.

2 Answers | Asked in Probate for Arizona on
Q: If someone had given me power of attorney of his estates and money and then he passed how do I claim what he left?

My sister was seeing a man for a few yrs that was older than her. He had no family and wasn't married and wanted to leave everything to her. He had several homes and was very wealthy. About 2 yrs ago he drew up a power of attorney leaving everything to her and had it notarized with 2 witnesses. He... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2020

A power of attorney by itself does not transfer anything to anyone, and it expires at death. Unless there are additional or different facts the estate needs to be probated and will pass to the man’s intestate heirs.

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1 Answer | Asked in Business Law, Construction Law, Contracts and Employment Law for Arizona on
Q: if i work for one client at a time and i stake construction without survey license, im within ARS 32-101?

j

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2020

You are not competent to read the law and determine what it means and whether you can do what you are trying to do. While I have not read the law either I can tell you that if ANY Florida law requires any sort of "certification" before anyone can do whatever the law covers, you cannot avoid the... Read more »

1 Answer | Asked in Family Law and Social Security for Arizona on
Q: My wife (52 yrs. old) receives SSDI and lied to me about the backpay she received. I pay 90% of our bills. Is this lega

Is this legal? Last year she told me she received $25,000 which she promptly bought her a Cadillac Escalade but just saw her 2019 W2 she was hiding and her backpay was actually more than $49,000 after paying her lawyer and Medicare deduction. She completely kept me in the dark, even though I was... Read more »

Mike Branum
Mike Branum answered on Mar 26, 2020

I am not an expert on SSDI and would highly recommend you consult with such an expert before considering any legal action. The back pay, when it was awarded, may have been classified as separate property. The Caddy, however, may be community property particularly if you are both on the title. I am... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Gaming for Arizona on
Q: I live in Arizona. I have 2 non violent felonies(20 years ago). Can I purchase, own or possess a black powder pistol?
Stewart Salwin
Stewart Salwin answered on Mar 25, 2020

When you are convicted of a felony in Arizona, some of your civil liberties will be suspended. You will lose your right to vote, the right to hold public office, the right to serve as a juror, and, yes, the right to possess a gun. A felony conviction may also prevent a person from obtaining... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: im 16 boyfriend 17. I might be pregnant and I want to keep it. Can my parents make me abort it or leave my boyfriend?
Mike Branum
Mike Branum answered on Mar 25, 2020

No, they cannot make you get an abortion.

Yes they can keep you from seeing the irresponsible sperm donor.

Good luck. Teen pregnancy is a nightmare. You CAN go on and have a successful life, but everything is going to be 100 times more difficult. Your life will no longer be all...
Read more »

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