Arizona Questions & Answers by Practice Area
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Arizona Questions & Answers
Q: I have 2 weeks till I'm 18, can I move out now in the state of Arizona?
Peter H. Westby's answer
It is very unlikely that you will get into legal trouble if you move out two weeks before your 18th birthday. However, you are pursuing a career in law/law enforcement. This is a career focusing on rules and following the rules. I would wait two weeks and move out when parental consent is not an issue.
It is very unlikely that you will get into legal trouble if you move out two weeks before your 18th birthday. However, you are pursuing a career in law/law enforcement. This is a career focusing on rules and following the rules. I would wait two weeks and move out when parental consent is not an issue.
Q: After the probate period is completed, do I need a judge's approval to begin making distributions?
Ryan K Hodges' answer
Generally, you do not need court approval if the probate is unsupervised. You may want to seek agreement of the heirs and beneficiaries though.
Generally, you do not need court approval if the probate is unsupervised. You may want to seek agreement of the heirs and beneficiaries though.
Q: My father died and has a reverse mortgage on his house. Am I obligated to clean out the house before the bank takes it?
Ryan K Hodges' answer
You are not obligated to clean out the house. The bank will be clean it out and dispose of the items as the deem appropriate.
You are not obligated to clean out the house. The bank will be clean it out and dispose of the items as the deem appropriate.
Q: I'm married can I get in trouble for my step daughter not going to school
Randi Sirlin's answer
It would be the parent who would be held responsible, unless you are a legal guardian.
It would be the parent who would be held responsible, unless you are a legal guardian.
Q: What does it mean if the Court of Appeals sets a hearing date, then vacates it’s previous order & declines jurisdiction?
1 Answer
| Asked
in
Appeals / Appellate Law and Criminal Law
for
Arizona
on
Answered on Aug 12, 2018
Answered on Aug 12, 2018
K. Bryan Goodman's answer
It means they are declining to hear the Petition for Special Action and whatever order was appealed will stand.
It means they are declining to hear the Petition for Special Action and whatever order was appealed will stand.
Q: I was hurt but it was off the clock - does that make a difference in my claim?
Joel Friedman's answer
I'm not sure what you mean by "off the clock," and there are limited situations in which you may be covered for workers' compensation anyway. You can call me tomorrow at 602-687-9211 or 602-492-5311 after 1:00 p.m. because the validity of your claim will depend on the facts. Thank you
I'm not sure what you mean by "off the clock," and there are limited situations in which you may be covered for workers' compensation anyway. You can call me tomorrow at 602-687-9211 or 602-492-5311 after 1:00 p.m. because the validity of your claim will depend on the facts. Thank you
Q: What is a deed in lieu of foreclosure?
Diane L. Drain's answer
Here is an article that should answer your questions: https://dianedrain.com/real-estate-articles-links/deed-lieu-foreclosure/
My best.
Here is an article that should answer your questions: https://dianedrain.com/real-estate-articles-links/deed-lieu-foreclosure/
My best.
Q: Father/grandma joint owned an AZ property. They live in CO. Father died after neglecting it. How can I take possession?
Ryan K Hodges' answer
If you grandma is still alive, then she would be the owner. If both of them are now deceased, then you may need to open a probate to transfer the deed to the property to the heirs.
If you grandma is still alive, then she would be the owner. If both of them are now deceased, then you may need to open a probate to transfer the deed to the property to the heirs.
Q: i had a misdemeanor charge for shoplifting and lost my fingerprint clearance card would i be able to get it back
K. Bryan Goodman's answer
It is possible to get it back. You would have to apply for a waiver called a "Good cause exception." I would also suggest speaking with an attorney about getting that conviction "set aside." This will give you the best shot at getting that fingerprint clearance card back. Unlike many States, Arizona does not allow for criminal convictions, felony or misdemeanor, to be expunged, sealed, or purged. Arizona law allows for convictions to be set aside. Having a conviction set aside is similar to...
It is possible to get it back. You would have to apply for a waiver called a "Good cause exception." I would also suggest speaking with an attorney about getting that conviction "set aside." This will give you the best shot at getting that fingerprint clearance card back. Unlike many States, Arizona does not allow for criminal convictions, felony or misdemeanor, to be expunged, sealed, or purged. Arizona law allows for convictions to be set aside. Having a conviction set aside is similar to...
Q: i am looking for info in re: how many cases involving manslaughter or murder in arizona recieved a 25yr or less sentence
K. Bryan Goodman's answer
I am not sure how to best go about gathering that information but I would start with a phone call to the Clerk's Office. I have included a link to their website with more information. Best of luck!
(602)372-5375
http://www.clerkofcourt.maricopa.gov/new_contacts.asp
I am not sure how to best go about gathering that information but I would start with a phone call to the Clerk's Office. I have included a link to their website with more information. Best of luck!
(602)372-5375
http://www.clerkofcourt.maricopa.gov/new_contacts.asp
Q: Does a accusation from 10years ago have a strong case in court
K. Bryan Goodman's answer
There are a couple issues with a 10 year old accusation. One would be the statute of limitations - meaning the case may be too old to be prosecuted. However, there are certain offenses where the standard 7 year statute of limitations for felonies would not apply. Second, what is the reason they are coming forward now? There could be ways of attacking the accusation but more information would be needed. In sort, a 10 year old accusation could be enough to have you prosecuted. I suggest...
There are a couple issues with a 10 year old accusation. One would be the statute of limitations - meaning the case may be too old to be prosecuted. However, there are certain offenses where the standard 7 year statute of limitations for felonies would not apply. Second, what is the reason they are coming forward now? There could be ways of attacking the accusation but more information would be needed. In sort, a 10 year old accusation could be enough to have you prosecuted. I suggest...
Q: How can I undo the need for parenting classes for my adult children in divorce?
Randi Sirlin's answer
If no Response has been filed, you can file an Amended Petition. If a Response has been filed, you must file a request with the court called, "Motion for Leave of Court to Amend.
If you need assistance, I recommend meeting with an experienced Family Law Attorney.
If no Response has been filed, you can file an Amended Petition. If a Response has been filed, you must file a request with the court called, "Motion for Leave of Court to Amend.
If you need assistance, I recommend meeting with an experienced Family Law Attorney.
Q: How should parenting time be calculated?
Randi Sirlin's answer
While the court has discretion which may be based upon particular facts in a particular case, the 2018 Arizona Child Support Guidelines currently divide time periods as follows: time based upon 24 hours, time based upon 12 hours, time based upon 6 to 11 hours, time based upon 3 to 5 hours and periods of less than 3 hours.
You can find this information at superiorcourt.maricopa.gov.
However, determining the correct amount of child support may be best figured out by an...
While the court has discretion which may be based upon particular facts in a particular case, the 2018 Arizona Child Support Guidelines currently divide time periods as follows: time based upon 24 hours, time based upon 12 hours, time based upon 6 to 11 hours, time based upon 3 to 5 hours and periods of less than 3 hours.
You can find this information at superiorcourt.maricopa.gov.
However, determining the correct amount of child support may be best figured out by an...
Q: How can I get someone to show the will they claim was written after the one I have in my files
Ryan K Hodges' answer
You can attempt to determine if an attorney helped draft the new will and possibly get a copy from the attorney. Alternatively, you can file your will with the court, open probate, and provide notice to the wife. If she has a newer will, she will have the chance to bring it forward to the court and to override the older will. Otherwise, your will will stand.
You can attempt to determine if an attorney helped draft the new will and possibly get a copy from the attorney. Alternatively, you can file your will with the court, open probate, and provide notice to the wife. If she has a newer will, she will have the chance to bring it forward to the court and to override the older will. Otherwise, your will will stand.
Q: My wife was placed as personnal representative of our sons estate when he died.
Ryan K Hodges' answer
As personal representative, your wife can demand the return of the property that would belong to the estate and get a court order against the girlfriend if necessary.
As personal representative, your wife can demand the return of the property that would belong to the estate and get a court order against the girlfriend if necessary.
Q: In a small estate affidavit in Arizona, who would have equal or greater rights than a surviving spouse?
Ryan K Hodges' answer
If there is no will, then his kids may have equal rights if the kids are also not your kids. Otherwise, the surviving spouse it top of the list.
If there is no will, then his kids may have equal rights if the kids are also not your kids. Otherwise, the surviving spouse it top of the list.
Q: Ex may have overpaid child support by $11984. Do I have to pay him back? If so, all at once? Or is that now "credit"?
Randi Sirlin's answer
The answer to your questions is, "it depends."
Regarding an overpayment in child support, if you ever received services such as AHCCCS, food stamps or the like, the State may not require you to pay that back.
While I can't tell you whether you will have to pay it back, I can let you know that, in 23.5 years of practice, I have yet to have someone have to pay back child support. However, that is only in my experience.
I sugguest you contact someone at the child support...
The answer to your questions is, "it depends."
Regarding an overpayment in child support, if you ever received services such as AHCCCS, food stamps or the like, the State may not require you to pay that back.
While I can't tell you whether you will have to pay it back, I can let you know that, in 23.5 years of practice, I have yet to have someone have to pay back child support. However, that is only in my experience.
I sugguest you contact someone at the child support...
Q: Will an arrears balance cause a legal business/personal issue, even if the NCP is paying monthly?
Randi Sirlin's answer
You can easily research which licenses he might not be able to receive with a child support judgment.
I am not sure what an "NCP" is, but unless there is a judgment, I can't imagine anything would hold up his licenses.
I don't know the particular facts about his finances, but $20,000 is not that much for someone who owns businesses. He could likely get a check from a credit card company to pay that debt.
If it was me, I would definitely bring up the shell companies....
You can easily research which licenses he might not be able to receive with a child support judgment.
I am not sure what an "NCP" is, but unless there is a judgment, I can't imagine anything would hold up his licenses.
I don't know the particular facts about his finances, but $20,000 is not that much for someone who owns businesses. He could likely get a check from a credit card company to pay that debt.
If it was me, I would definitely bring up the shell companies....
Q: my mother threatend me that she will sell our home i have resided in pay all bills and improvements if i dont give her $
1 Answer
| Asked
in
Family Law, Real Estate Law, Municipal Law and Social Security
for
Arizona
on
Answered on Aug 6, 2018
Answered on Aug 6, 2018
Peter H. Westby's answer
You should speak with a real estate attorney to learn your legal rights. Once your attorney knows all of the facts, including the history of your use and connection with this property since its purchase, he or she will be able to recommend options. A quiet title action may be of help. A partition action might also be considered. In either case a court will need to determine your interest in this property. Since this is a transaction between family members, it is likely that the written...
You should speak with a real estate attorney to learn your legal rights. Once your attorney knows all of the facts, including the history of your use and connection with this property since its purchase, he or she will be able to recommend options. A quiet title action may be of help. A partition action might also be considered. In either case a court will need to determine your interest in this property. Since this is a transaction between family members, it is likely that the written...
Q: Do I need a lawyer if I were to represent myself in the court to file against my ex-spouse who's late on child support ?
Peter H. Westby's answer
You can represent yourself to enforce a child support order. The Maricopa County Superior Court has a good set of forms that are designed to be used by people without an attorney. They include detailed instructions. However, if you are planning to seek full custody, I strongly recommend hiring an attorney to assist you. Child custody/parenting time matters are more complicated and more important. An attorney's help can make a big difference in results.
You can represent yourself to enforce a child support order. The Maricopa County Superior Court has a good set of forms that are designed to be used by people without an attorney. They include detailed instructions. However, if you are planning to seek full custody, I strongly recommend hiring an attorney to assist you. Child custody/parenting time matters are more complicated and more important. An attorney's help can make a big difference in results.
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