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Arizona Questions & Answers

1 Answer | Asked in Libel & Slander, Civil Litigation and Civil Rights for Arizona on

Q: I need to know what can I do my ex friend has done slander, threats, releasing my medical history, cyber harassing me

I have evidence and videos with proof of her saying all of this

Peter H. Westby answered on Aug 22, 2019

You have several options ranging from obtaining an order of protection against harassment to filing a civil lawsuit. I recommend that you speak with an attorney to learn your legal rights and best options. When your attorney knows the facts, he or she will be able to assist you in selecting the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Arizona on

Q: To Whom It May Concern, I had 2 patent corrections issued yesterday August 20, 2019 by the USPTO. Michael J. Holihan

Patent #US5355677 and #US5269144. When will those patents be picked up so they will be displayed using JUSTIA? In addition, the PAIR data was also fixed.

Thank you.

Sincerely,

Michael J. Holihan

holihan.michael@gmail.com

Kevin E. Flynn answered on Aug 21, 2019

It takes a few days for Google Patents to get the latest material from the USPTO. I do not know for Justia.

To set expectations, a correction in a Certificate of Correction is an addendum that is added to the end of the patent and is never inserted into the patent itself. So the original...
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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Arizona on

Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.

I want to hire someone for legal advice but don't know what type attorney I need.

I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.

I filed for divorce and it went through uncontested, but the LLC... Read more »

Karima Gulick answered on Aug 20, 2019

you need a business attorney and possibly a family lawyer as well.

1 Answer | Asked in Family Law and Child Support for Arizona on

Q: Do I need to appear for an ORA if I was never served

My ex doesnt want to pay child support so he wants full custody. I have been primary parent from the beginning. There is an ORA and I have yet to receive anything.

He states he doesn't know where i live but he picks our children up from our home every Thursday.

Why is there a date... Read more »

Mike Branum answered on Aug 20, 2019

There are a couple of potential reasons how a date could have been set without you being properly served. The why is not relevant to the discussion. If you are aware of a court date, it is in your best interest to show up. You can argue that you have not been properly served but the court will have... Read more »

1 Answer | Asked in Estate Planning for Arizona on

Q: Mother died and has a trust to be shared with 3 siblings. She also left a will to share the house and other things.

One brother wants to buy house which we agree on. Now we are told to add it to the trust by a lawyer retained by this sibling who is also the executor of the trust? Is that necessary? If so why and what are the advantages?

Nina Whitehurst answered on Aug 15, 2019

There is no way to answer your question without reviewing your mother's trust and her will and the latest vesting deed.

1 Answer | Asked in Small Claims for Arizona on

Q: I gave my brother 500 for rent nad deposit we haven't moved in so i wanted it back due to another altercation

Other altercation was a car i bought from my sister and he wont give the keys since it was in his name

Mike Branum answered on Aug 15, 2019

I would suggest you enlist a neutral third-party who your brother respects to assist you in reasoning with your brother. If he still does not return your money, you could file a small claims court action to recover your money. You will need to make sure you have documents which prove you handed... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on

Q: Our 16 yo granddaughter lives in Oregon is staying with us in Arizona. She want's to stay, where do we start OR orAZ

She has been in and out of CPS custody in Arizona 18 months, and a year or so in Oregon. There has been and is currently physical confrontations with her mother. She recently did a DNA test and found the man she called dad wasn't. She is afraid to return to Oregon because her "dad's" dad molested... Read more »

Mike Branum answered on Aug 14, 2019

If she has been living with you six months, you may file in Arizona. If she has lived in Arizona less than six months, you would need to file in whatever state she last lived in for six consecutive months. If she has been back and forth repeatedly and not truly established a state of residence, you... Read more »

1 Answer | Asked in Family Law for Arizona on

Q: Am I responsible for my deceased wife's debts in Arizona?

Mike Branum answered on Aug 14, 2019

The answer is the same as it is for almost every single legal question ever asked in the history of the law: it depends. If you and your wife entered into a debt together; in the absence of a clause forgiving the debt upon the death of either party, you more than likely are responsible for the... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Arizona on

Q: In the Arizona Revised Statutes, What is the Legal basis for an Attorney representing a hospital, to Quash a Subpeona?

I was arrested in the hospital for the charges of disorderly conduct/fighting ARS 13-2904A.1, I Subpeoned hospital staff involved directly in my care as witnesses for my defense.

Attorney for the hospital is going to argue in court today to have those Quashed. On what legal basis?

Mike Branum answered on Aug 14, 2019

Without seeing the motion or hearing the argument it is impossible to say with certainty, but I can give you an example of a possible argument: damage to the hospital if forced to comply. The hospital could argue that calling their employees to testify could place hospital policies and procedures... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on

Q: In Arizona if the biological father has not had contact with child in more than a year does he still have rights?

Mike Branum answered on Aug 14, 2019

Until a court terminates his rights, a biological father retains them; so, yes, he does still have rights.

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1 Answer | Asked in Immigration Law, Education Law and Public Benefits for Arizona on

Q: I'm a senior in college and I've been using FAFSA ever since freshman year. Will that hinder my citizenship application?

I've never failed any classes. I'm actually an honor roll student and have been awarded scholarships.

Kevin L Dixler answered on Aug 13, 2019

If you have falsely claimed to be a U. S. citizen on the FAFSA, among other issues, you can be placed in removal proceedings for deportation.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any complications. Good...
Read more »

1 Answer | Asked in Probate for Arizona on

Q: My son passed away, with no will. I am 82 years old, and do not want to be the executor and I want nothing .

I want my daughter to probate the estate. she lives in Louisiana I live in Arizona, and My son was working in California., he owns property in Louisiana how do I sign off to give her the right to probate the estate. She has two sons, and all agree that each will receive 1/3 of estate.

Nina Whitehurst answered on Aug 10, 2019

Your daughter can hire a probate attorney in California to help her petition the court to appoint her as your son's executor. If your son was unmarried with no children at the time, with no will, then you are his heir at law along with his mother if still living. But you can file a disclaimer and... Read more »

2 Answers | Asked in Probate for Arizona on

Q: My mom in stepdad owned a house as joints tenants. My mom died 6 months before my stepdad.

I am an only child and my stepdad has only one son. There was no will or other documents that can be located. Am I entitled 50 percent? Thank you

Ryan K Hodges answered on Aug 8, 2019

If a house in owned as joint tenants with rights of survivorship, then the surviving joint owner becomes the sole owner upon the death of the other joint owner. Thus, your step-dad would be the sole owner when he died, and the house would pass according to his estate plan, and if none, then to his... Read more »

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1 Answer | Asked in Real Estate Law for Arizona on

Q: Should I be given an addendum to sign for new owners since my lease is not yet up?

The new owner of the house I rent has not given me any legal documents showing they are my landlords. They’re charging me administrative fees the previous property management company had in their lease addendum, even though they’re not a company. Otherwise, my original lease was from two... Read more »

Peter H. Westby answered on Aug 7, 2019

A new owner of a home takes it subject to any valid existing leases. Your lease remains valid for the remainder of its term. An addendum to the lease is not legally necessary. However, the new landlord should comply with Arizona law and give notice as to who the new property manager is and how... Read more »

2 Answers | Asked in Estate Planning, Elder Law and Probate for Arizona on

Q: How can I verify that my mother's will and testament is legal and names me executor and distributor of all property?

Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.

The will names me as... Read more »

Nina Whitehurst answered on Aug 7, 2019

Show it to a local probate attorney. You are going to need to hire a probate attorney anyway to help you probate your mother's estate anyway. Your mother's things do not automatically vest in you; there are steps that need to be taken, and the sooner you take those steps the better.

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2 Answers | Asked in Family Law for Arizona on

Q: My father was order to pay child support on my brother and I back in 1973, but he moved back to Puerto Rico.

My father abandon us, for years he got away with moving back and fourth to Camden, NJ to Puerto Rico so he would have to pay child support. Do I have any rights as his daughter.

Mike Branum answered on Aug 7, 2019

If he is residing in Puerto Rico, you are, unfortunately, out of luck. Puerto Rico's statute of limitations on collection of child support arrears is five years after the age of majority or emancipation. Since you and your brother both had to be alive in 1973 in order for your genetic donor (this... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on

Q: How would i go about dropping a order of protection through the courts I've written letters and nothing please help

K. Bryan Goodman answered on Aug 5, 2019

Only the judge can dismiss the order of protection and a hearing is often required to do so. I have included a link to the forms used in AZ courts for Orders of Protection. Go to page 17 and use the "Request" page to request the court dismiss the Order. You will have to explain why you want the... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: If i was pulled over for a crime i did not comitt and was patted down and searched and found marijana can i be charged

Can i be charged with the lil amount of marijana if i was never suppose to be stopped in the first place

K. Bryan Goodman answered on Aug 5, 2019

Hello and thank you for the question. If the initial stop and detention were unlawful, you may be able to successfully defend the possession of marijuana. However, such a challenge relies heavily on the facts of your particular case. A lot more information is needed to give you the best answer.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Arizona on

Q: Why is it that in patent drawings, I do not see the invention depicted as it is being used very often?

Is it bad form in a patent drawing to show the invention being used so there is an understanding of how it works? I have a very simple tool to draw and it is probably not clear from just a drawing of the tool how it is used on a workpiece. If the drawings demonstrate the method of using the tool... Read more »

Peter D. Mlynek answered on Aug 5, 2019

The reason why we have drawings in a patent is to communicate to the reader what the invention is all about. The drawings are there to support the claims. Whatever you claim, make sure that it is fully supported in the description and drawings.

I think that you are correct that many times...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Arizona on

Q: In claim construction should you use "or" before the phrase "combination thereof?" Some say avoid "or."

Kevin E. Flynn answered on Aug 3, 2019

Or is a red flag to Examiners so try to avoid it. Sometimes you cannot.

Not sure where you are getting the verbiage "or combination thereof" . That is not a standard way to write a claim. A quick search of US patents found many thousands with the word "combination" in the claims. But...
Read more »

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