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Arizona Questions & Answers
1 Answer | Asked in DUI / DWI for Arizona on
Q: If the interlock was required 10.5 years ago, do I still need to get it now if I didn't then?
Matthew Maerowitz
Matthew Maerowitz answered on Apr 14, 2021

Yes, for an alcohol DUI the interlock restriction will remain with the MVD when you reinstate your driving privileges.

1 Answer | Asked in Estate Planning for Arizona on
Q: Can a cheque for a discrepancy from my now deceased father's 401k be reissued and deposited to "the Estate of his name"?

Before my father's passing, he pulled out funds from his 401K. There must have been some discrepancy in the amount paid to him, as Discover Financial Services sent him a cheque for the amount of the difference (about $400) in 2020. The issue is that this cheque was sent out several months... Read more »

Ilene L McCauley
Ilene L McCauley answered on Apr 13, 2021

I am so sorry for your loss.

I have a few questions though. If there is an Executor, a probate would have to be opened. The Letters of Personal Representative would give the company authority to issue the check. Only a court can appoint someone to be the Executor or Personal...
Read more »

1 Answer | Asked in Family Law for Arizona on
Q: How do i go about getting guardianship of my grandson age 14

I need to get him into school and medical insurance for him. The only thing sent with him was hand written note from my daughter. (Not notarized or witnessed) and his immunization records and school withdrawal letter. My grandson lived in Alamogordo. NM. And i live in Apache Junction, AZ.

Rich J. Peters
Rich J. Peters answered on Apr 13, 2021

Will his parent's consent? Or at least NOT object? If so, you can seek Voluntary Guardianship which is very simple and can be exepdited when necessary.

You may ALSO have the right to seek temporary or permanent custody, if you can convince the Court that:

* you stand...
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1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: My wife and i are currently separated not divorced. She is keeping me from him because I was rude in some way. Help.

My wife and i are currently going through a separation. We have a two, almost three, year old son. Unfortunately we have to agree on a set schedule. After not having him for three weeks my wife calls me saying she will not be able to bring him to me where I live, El Paso Texas and she lives in... Read more »

Rich J. Peters
Rich J. Peters answered on Apr 13, 2021

Do you have Court Orders? PERHAPS law enforcement may assist you if you have Orders. However, it is more commopn in my experience that they do not intervene, and instead will suggest that you both need to get the Court incolved.

If there are NO Court Ordetrs, file. File now. She does not...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... Read more »

Rich J. Peters
Rich J. Peters answered on Apr 13, 2021

I am sorry to say that you will not be able to raise parenting time issues at the IV-D child support hearing.

1. File a Petition to Establish Legal Decision Making and Parenting Time.

2. Hire a process server to get Mother served, or mail via certified mail, or ask her to accept...
Read more »

2 Answers | Asked in Bankruptcy for Arizona on
Q: Funds in saving acct was levied was unemployment funds I transferred from checking acct, can I get this money back?

Got a judgement against me, checking wasn’t touched cause I get unemployment. My only source of money is Unemployment. I thought unemployment couldn’t be garnished. Especially if thats my only money source. I was pushed into filing bankruptcy on my own. Can’t afford no lawyer to get necessary... Read more »

Timothy Denison
Timothy Denison answered on Apr 10, 2021

You have to object to the levy and provide proof the source (unemployment) as well as the transfer. If you can prove both, you get your money back.

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Due to the Covid 19 We were unable to attend a meeting of the creditors to ask any questions in person.

Now my home is being sold to pay off creditors, what should i do?

Timothy Denison
Timothy Denison answered on Apr 9, 2021

Consult your bankruptcy attorney or hire one to evaluate your situation.

1 Answer | Asked in Agricultural Law for Arizona on
Q: Can I sue McDonalds for dropping coffee on me?

Today, I was waiting in the area where they told me to wait since they still needed to make the decaf coffee. The lady looked like she was in a rush when she finally came out to me. Well when handing me the coffee, she spilled it on my pants and onto my thighs and private parts (this is coffee that... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 3, 2021

An Arizona attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. The best way to answer your question could be to reach out to Arizona law firms and discuss in more detail. If you have records of medical care in connection with the accident, attorneys... Read more »

2 Answers | Asked in Probate for Arizona on
Q: Does a mother become next of kin if son dies but has a son as well?
Ryan K Hodges
Ryan K Hodges answered on Mar 31, 2021

If your son has a son (your grandson), then the grandson would be the next closest heir, assuming your son is not married. If your son is married, this his spouse would also be an heir.

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1 Answer | Asked in Car Accidents for Arizona on
Q: A car crashed into my gate, I have not been able to get the full repair amount from the insurance could you advise me?

The insurance companies from both drivers involved in the collision are shifting blame and not willing to compensate the repair estimate amount. I have contacted my homeowners insurance agent and have hit a roadblock with them as well with the subject of pursuing the deductible amount.

Randy Bryan Ligh
Randy Bryan Ligh answered on Mar 31, 2021

If the (or more than 1) insurance companies are fighting you, then you need to consult and possibly hire an attorney to represent your interests. You do not indicate the reason why the insurance company is unwilling to pay the full repair amount and/or the reason(s) for the lack of cooperation,... Read more »

2 Answers | Asked in Probate for Arizona on
Q: credit card debt claim made within 4 month probate window, claimant is debt collector, not CC co. Does estate pay?

The estate has the funds but CITIBANK had forwarded to a debt collector. Ascension point.

Andre Lee Pennington
Andre Lee Pennington answered on Mar 30, 2021

Typically speaking the creditor will have to show that proof of the claim was assigned to them; however, if they can and they have filed a claim with the PR or the Court, these debts are generally payable. To find out for sure you should contact an experienced probate attorney.

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2 Answers | Asked in Cannabis & Marijuana Law for Arizona on
Q: Now that Arizona has marijuana legal, can people on federal probation smoke with a marijuana card?
Brian C. Soto
Brian C. Soto answered on Mar 28, 2021

No. Unfortunately, it’s still against federal law.

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1 Answer | Asked in Social Security for Arizona on
Q: Hello I am on SSDI and I was wondering if sweepstake prizes redemptions need to be reported to SSA? I'm under the......

......impression that they don't as it's unearned income. I'm just wondering if my assumption is correct just in case?

Kenneth Prigmore
Kenneth Prigmore answered on Mar 26, 2021

So there are two Social Security sources of disability income. Need based disability and prior income based disability. If your income is need based disability, (meaning you didn't have enough past work to qualify for income based disability) then any money is part of the calculation whether... Read more »

1 Answer | Asked in Estate Planning, Criminal Law and Probate for Arizona on
Q: Heir of an intestate Arizona estate engaged in discovery. Estate had conservator for 5 years. What order do I need?

My subpoena revealed account numbers & signature cards. During a meeting with the banker they looked up one of the accounts & said there had been a substantial amount of activity giving the impression business was being conducted from an account. A call was made with me present. Banker said... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Mar 24, 2021

You'll likely need to hire an experienced probate attorney to help with this. It's a complicated situation that is impossible to answer with the information provided.

1 Answer | Asked in Immigration Law for Arizona on
Q: Is there an easier way to access documentation related to arrests/tickets for naturalization application?

My father is applying for naturalization and needs to provide details & documentation for his prior tickets and arrest. He has received a couple of speeding tickets in other states and others in different cities in his home state. I tried called the police stations and courts to determine how... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Mar 23, 2021

Sometimes states’ departments of motor vehicles/licensing provide at least a printout of one’s driving record.

2 Answers | Asked in Criminal Law for Arizona on
Q: I requested to have my judgement set aside and have been denied, for the reason ARS 13-907(E). I need assistance.

I have had no legal trouble before of after my judgement in 2013. In my plea agreement, the court was reduced to "non dangerous". Specifically 13-907 #2 the only "register" I had was enter into probation for the charges of aggravated assault, (non dangerous, non repetitive).... Read more »

Mike Branum
Mike Branum answered on Mar 23, 2021

E. This section does not apply to a person who was convicted of a criminal offense:

1. Involving a dangerous offense.

2. For which the person is required or ordered by the court to register pursuant to section 13-3821.

3. For which there has been a finding of sexual...
Read more »

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1 Answer | Asked in Estate Planning for Arizona on
Q: Can I Write a Will in One State and Have It Witnessed by a Notary in Another?

I am interested in writing a will, but I need two witnesses to this will. My brother, who will be receiving nothing from the will, will be one of the witnesses. Since I have no other witness, I was thinking about using a notary public from a bank to be my second witness. I have an account at a... Read more »

Douglas Price
Douglas Price answered on Mar 20, 2021

To sign a self-proving will in Arizona (which is the kind you want to have) you need 2 witnesses and a notary and everybody must be present with you when you sign. If I understand what you are proposing, you will be one witness short. In addition, your brother, if he is a beneficiary under the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: The house I rent a room in was searched without a search warrant. Is that legal?
Ayensa Millan
Ayensa Millan answered on Mar 19, 2021

Are you positive there was no warrant?

2 Answers | Asked in Estate Planning for Arizona on
Q: Refinancing will only be in Husbands name. How do I protect home in my name as well and not lose if we should separate

My husband is not my sons biological father and I want my son to have my home if something should happen to me. Although my husband is on the Mortgage it is my home.

Andre Lee Pennington
Andre Lee Pennington answered on Mar 19, 2021

You’ll want to consult an experienced estate planning attorney to help you set this up correctly.

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