Arizona Questions & Answers

Q: I share 50/50 custody of my daughter and her mom told me to keep her. What is my next step?

1 Answer | Asked in Child Custody and Family Law for Arizona on
Answered on May 26, 2017

If the two of you are in agreement, you can file a consent modification to your current order.
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Q: My question is simple my sister was killed when struck by a driver in Safford Arizona recently. Now her biological

2 Answers | Asked in Wrongful Death for Arizona on
Answered on May 23, 2017

We are very sorry for your loss.

In Arizona, here is who can file a wrongful death claim: the surviving spouse of a decedent, the surviving children of a decedent and a surviving parent or guardian of a decedent. Many wrongful death attorneys offer free case consultations. Your situation does sound complicated. It is advisable to reach out to a wrongful death attorney and have a consultation.

You can search for one on Justia.com and find one in Arizona. Please accept our...
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Q: Never served for guardianship. Mom has it on my son now. What were the reasons.

1 Answer | Asked in Adoption, Family Law and Child Custody for Arizona on
Answered on May 21, 2017

You will need to get a copy of whatever paperwork exists regarding your child. No one can give you any advice until they know what is going on. You should obtain the paperwork, either from your mother, or from the courts, then consult with an attorney.
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Q: Does the child support change if the child starts a part time job but is still in school?

1 Answer | Asked in Child Support for Arizona on
Answered on May 19, 2017

No, child support stays the same.
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Q: Is the grantor's or benificiary's employment identification number on an irrevocable trust?

1 Answer | Asked in Estate Planning for Arizona on
Answered on May 19, 2017

Neither. An irrevocable trust should have its own tax ID number separate from the grantor and any beneficiary. When the irrevocable trust is set up, the trustee should apply for a federal tax ID on behalf of that trust. This can be done quickly online through the IRS website.
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Q: Can an Arizona judge give my exwife my entire GI Bill

1 Answer | Asked in Divorce for Arizona on
Answered on May 17, 2017

Pursuant to federal law, Post 9/11 GI benefits are not marital property and not subject to division.
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Q: under trump--any problem renewing green card with past, successfully completed deferred prosecution (pled not guilty)

1 Answer | Asked in Immigration Law for Arizona on
Answered on May 13, 2017

It is possible for a case that has been granted deferred prosecution may be refiled at a later date. Whether this may happen in your case I can't tell you without knowing the case history.
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Q: I filed chapter 7 and my creditor requested relief from automatic stay it was granted i filed 13 do I get a new stay

2 Answers | Asked in Bankruptcy for Arizona on
Answered on May 12, 2017

The court's do not like having two separate bankruptcy cases open by a single debtor at one time. That said, filing a new chapter 13 case will impose a new automatic stay. Or, if you convert your existing Chapter 7 case to a Chapter 13 case, that would be a new order of relief and a new bankruptcy stay, should be in place.
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Q: Is it illegal for someone to read your private text messages by snooping on your phone?

1 Answer | Asked in Criminal Law and Communications Law for Arizona on
Answered on May 12, 2017

No, it's not illegal unless the mother hacked into the phone or used software to disable encyption.
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Q: What form do i use to file a "RESPONSE" for "PETITION TO ESTABLISH THIRD PARTY RIGHTS.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Answered on May 11, 2017

You can use the forms you have found, you need to add the additional parties. I would recommend hiring an attorney to assist you. If funds are an issue, you can try this low-cost firm. http://asualumnilawgroup.org/
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Q: My uncle in FL died leaving everything to his twin(my father) in his will. We live in AZ can we file probate here?

1 Answer | Asked in Probate for Arizona on
Answered on May 11, 2017

No -- you file probate in the state and county where the decedent lived immediately before his passing.

You should consider hiring a probate attorney in that jurisdiction to help insure you do things as quickly as possible though -- ultimately it costs less than bumbling through trying to DIY for most people!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to...
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Q: what would i need to do to move out of state with my daughter when her father has nothing to do with her

1 Answer | Asked in Family Law for Arizona on
Answered on May 10, 2017

If there is no parenting plan in place, you are free to move as you see fit. Especially if he does not exercise any parenting time.
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Q: Arizona family court gave custody to grandma over a fluke. Daughter has been in Wyoming 9 mo nths. Can I reopen a case

1 Answer | Asked in Child Custody for Arizona on
Answered on May 10, 2017

The original court will retain jurisdiction until they terminate it.
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Q: In Arizona, if you have a trust, is it necessary to put vehicles, boats, trailers into the name of a revocable trust?

1 Answer | Asked in Estate Planning for Arizona on
Answered on May 9, 2017

The answer to your question depends largely on a couple of things: 1) what are your estate planning goals? and 2) how much are those assets worth? Goals: if your goal is to avoid probate, the short answer is to transfer these assets into the trust. But, as with most legal questions, there are usually exceptions. Asset value: One exception might be, if your vehicles, boat, and trailer are not worth much, than it might not be necessary to put them into the name of the trust. Currently, in...
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Q: When considering division of assets/debts, what do you do if one person refuses to acknowledge some of the shared debts?

1 Answer | Asked in Divorce for Arizona on
Answered on May 9, 2017

Your divorce agreement should clearly define what equity is. If it doesn't and the solar costs aren't directly tied to the home, then you may have an issue including that in the equity calculation.
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Q: I have been with my husband for 23 years married for 7 , his mother passed and put property in a family tr the successor

1 Answer | Asked in Family Law and Probate for Arizona on
Answered on May 9, 2017

The inheritance your husband received is his separate property, and is not marital property that you would have access to or be entitled to receive upon divorce.
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Q: I'm being forced to sale my home, for way less than I agree.

1 Answer | Asked in Contracts, Divorce, Family Law and Civil Rights for Arizona on
Answered on May 8, 2017

If the final order does not address listing price by giving you the power to veto the listing price, or a minimum list price, then you may not have any say over the listing.
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Q: My fiance had a DUI in 2012 but he was arrested last night for failure to appear

1 Answer | Asked in DUI / DWI for Arizona on
Answered on May 6, 2017

What likely happened is this was a refile. The DUI first time around was probably dismissed pending blood results. Then once the blood results came back positive for drugs or alcohol above .08, the State refiled the DUI charges. A summons and complaint was likely mailed to his last known address. Now, he'll need to take care of the warrant and underlying DUI charges. Highly recommend he schedule a free consultation with an attorney.
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Q: If my Mom died without a will, can the probate court designate me as the executor?

1 Answer | Asked in Estate Planning for Arizona on
Answered on May 5, 2017

If you request that, yes, but if someone of equal or greater priority exists they will have the ability to challenge such a request.

You need to consult with a local probate attorney to be sure you do this right!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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Q: My son is 15 and a Freshman in high school and was beat up by a 20 year old senior. Is this assult?

2 Answers | Asked in Criminal Law and Personal Injury for Arizona on
Answered on May 3, 2017

It would be an assault anyway. Yes.
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