Arizona Questions & Answers by Practice Area
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Arizona Questions & Answers
Q: Can the State of Arizona suspend a driver's license from another state? a person was arrested for a DUI now is in prison
Bernard Crane's answer
If I understand your question, I think you are asking if Arizona can suspend the driving privileges of a person who never had an Arizona license. if the charge is for driving in Arizona, clearly the answer is yes. Arizona can not suspend the person's Wisconsin license. That is up to Wisconsin to do, although Wisconsin very well MAY do it based on the Arizona conviction. However, if you get arrested for DUI (or any other traffic offense) in Arizona, the State of Arizona can clearly suspend your...
If I understand your question, I think you are asking if Arizona can suspend the driving privileges of a person who never had an Arizona license. if the charge is for driving in Arizona, clearly the answer is yes. Arizona can not suspend the person's Wisconsin license. That is up to Wisconsin to do, although Wisconsin very well MAY do it based on the Arizona conviction. However, if you get arrested for DUI (or any other traffic offense) in Arizona, the State of Arizona can clearly suspend your...
Q: Arizona- my mom has passed-left me with titles to mobile home signed and notorized-part of estate ?
Peter H. Westby's answer
Since your Mom gave you the signed and notarized titles to her home, it appears that she may have intended a gift to you before she died. If so, the mobile home would not be part of her estate. I recommend discussing Mom's estate with a probate attorney. A probate attorney will be able to let you know if your Mom's estate requires administration and, if so, what should be done.
Since your Mom gave you the signed and notarized titles to her home, it appears that she may have intended a gift to you before she died. If so, the mobile home would not be part of her estate. I recommend discussing Mom's estate with a probate attorney. A probate attorney will be able to let you know if your Mom's estate requires administration and, if so, what should be done.
Q: An ex attorney as a resident agent was served a summons on a llc that i had i have not been served. Do I need to respond
Peter H. Westby's answer
I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.
I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.
Q: do you all help with child custody in a gay relationship?
Randi Sirlin's answer
I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you
I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you
Q: Father passed and life insurance beneficiary died prior.
Peter H. Westby's answer
Since the policy beneficiary predeceased your father, in order to collect the policy benefits you will need to either probate your father's estate or use a small estate affidavit if the estate is small enough (less than $75,000.00) to make the affidavit procedure applicable. See ARS 14-3971
Since the policy beneficiary predeceased your father, in order to collect the policy benefits you will need to either probate your father's estate or use a small estate affidavit if the estate is small enough (less than $75,000.00) to make the affidavit procedure applicable. See ARS 14-3971
Q: If you are injured on the job by a third party, & you sue the atfault party, can workers comp Take Your settlement money
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Arizona
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Freddy Saavedra's answer
In a third party claim a worker's compensation carrier retains the right to be reimbursed for costs expended. While the medical bills will be covered by worker's compensation insurance they will expect to recoup their expenses and tend to be inflexible. Based on the scenario described it appears that worker's compensation has paid a significant amount that would likely be more than the policy limits of the drunk driver. It would be important for you to discuss this with your attorney and...
In a third party claim a worker's compensation carrier retains the right to be reimbursed for costs expended. While the medical bills will be covered by worker's compensation insurance they will expect to recoup their expenses and tend to be inflexible. Based on the scenario described it appears that worker's compensation has paid a significant amount that would likely be more than the policy limits of the drunk driver. It would be important for you to discuss this with your attorney and...
Q: Hi I am sending you a link to the inmates record. Seems he should be released. Thank you
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law and Civil Rights
for
Arizona
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Zachary Divelbiss' answer
Hello, this link you have attached is the generic link without any individual case information. I do not believe the site will allow you to copy and paste it with the inmates information. Feel free to send us an email with the information. Zach@Divellaw.com
Hello, this link you have attached is the generic link without any individual case information. I do not believe the site will allow you to copy and paste it with the inmates information. Feel free to send us an email with the information. Zach@Divellaw.com
Q: Is it wrong for a company to hire a replacement before I even sign any paperwork saying I'm leaving or transferring
1 Answer
| Asked
in
Employment Law, Business Law and Employment Discrimination
for
Arizona
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Peter H. Westby's answer
No, Arizona is an "at will" employment state and, unless you are working under an employment contract, your employer is free to make staffing changes at any time.
No, Arizona is an "at will" employment state and, unless you are working under an employment contract, your employer is free to make staffing changes at any time.
Q: My father has passed, my niece is executor of will. But I'm unable to get a copy of the will to read. It was filed with
Ryan K Hodges' answer
You can probably get a copy from the State. If the will have been probated, then the county court will have it on file, and you can request it from the clerk. There is also a small possibility that it is recorded with the county recorder's office.
You can probably get a copy from the State. If the will have been probated, then the county court will have it on file, and you can request it from the clerk. There is also a small possibility that it is recorded with the county recorder's office.
Q: Can I reopen this patent
Kevin E. Flynn's answer
There are a lot of fees in the process. However, if the fee that you mean is the periodic maintenance fee to keep an issued patent from expiring, you may be in luck.
Many new patent owners forget to pay this fee. If the failure to pay this fee was unintentional as you forgot that you needed to do this, then the USPTO is pretty forgiving. If the deadline for payment was within 2 years, the petition when filed electronically can be automatically granted. If you are a micro-entity,...
There are a lot of fees in the process. However, if the fee that you mean is the periodic maintenance fee to keep an issued patent from expiring, you may be in luck.
Many new patent owners forget to pay this fee. If the failure to pay this fee was unintentional as you forgot that you needed to do this, then the USPTO is pretty forgiving. If the deadline for payment was within 2 years, the petition when filed electronically can be automatically granted. If you are a micro-entity,...
Q: Should I get a restraining order, request child support, or just go to court?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Arizona
on
Answered on Dec 8, 2018
Answered on Dec 8, 2018
John R Gaertner Jr's answer
You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address his actions, his behaviors will likely continue to escalate.
You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address his actions, his behaviors will likely continue to escalate.
Q: How long will a bankruptcy affect my credit score? Indefinitely?
Stuart Nachbar's answer
A chapter 7 remains on credit report for 10 years from date of filing. Chapter 13 is on it for 7 years from date of filing
A chapter 7 remains on credit report for 10 years from date of filing. Chapter 13 is on it for 7 years from date of filing
Q: I was an injured passenger in an accident where the other driver was drunk. Our lawyer says we must join our case. Why?
David Alan Wolf's answer
The situation as you outlined may be the outcome. From a practical standpoint, the recovery on a case is typically limited to the insurance proceeds. You should sit down with your attorney to discuss your legal rights as well as the best practical approach to proceed forward with the case. You may also want to discuss the matter with another local attorney to get a second opinion.
The situation as you outlined may be the outcome. From a practical standpoint, the recovery on a case is typically limited to the insurance proceeds. You should sit down with your attorney to discuss your legal rights as well as the best practical approach to proceed forward with the case. You may also want to discuss the matter with another local attorney to get a second opinion.
Q: Forclosure auction on property that is in a Trust, my 5% inheritance is in jeopardy. Estate Rep is doing nothing.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Arizona
on
Answered on Dec 5, 2018
Answered on Dec 5, 2018
Ryan K Hodges' answer
If the house is auctioned for more than is owed, then the excess proceeds should be turned over to the trust. You would still receive your share from those excessive proceeds. The downside is that houses usually sell for less than at auction than they would in a private sale.
If the house is auctioned for more than is owed, then the excess proceeds should be turned over to the trust. You would still receive your share from those excessive proceeds. The downside is that houses usually sell for less than at auction than they would in a private sale.
Q: I have a home that my wife is on the deed but not on the mortgage. What happens if i die and what document do i need
Ryan K Hodges' answer
Having her on the deed is a good step. If the deed states that you own it jointly with rights of survivorship, then she will become the sole owner upon your death. This, however, does not remove or invalidate the mortgage in any way. The debt will still need to be paid.
Having her on the deed is a good step. If the deed states that you own it jointly with rights of survivorship, then she will become the sole owner upon your death. This, however, does not remove or invalidate the mortgage in any way. The debt will still need to be paid.
Q: What happens to your immigration status if you get a DUI?
Zachary Divelbiss' answer
This question is better answered by an immigration attorney. I work hand-in-hand with an immigration firm and they can give you a better answer considering they will be able to advise you on your legal status and requirements to gain citizenship. I am aware and highly recommend that you fight your DUI charge because you will have a difficult time passing the "good moral character" requirement if you are charged with a DUI.
This question is better answered by an immigration attorney. I work hand-in-hand with an immigration firm and they can give you a better answer considering they will be able to advise you on your legal status and requirements to gain citizenship. I am aware and highly recommend that you fight your DUI charge because you will have a difficult time passing the "good moral character" requirement if you are charged with a DUI.
Q: Will property acquired prior to marriage law remain in effect even though the new wifes name was added later?
Randi Sirlin's answer
There is no black and white when it comes to the law. However, in general, if you added your Wife's name to the title, the presumption is that you "made a gift" to the community.
If you need additional assistance, I recommend contacting an experienced, family law attorney.
There is no black and white when it comes to the law. However, in general, if you added your Wife's name to the title, the presumption is that you "made a gift" to the community.
If you need additional assistance, I recommend contacting an experienced, family law attorney.
Q: Arizona Probate: Can a Personal Representative give partial payments to Heirs before Probate closed or finalized?
Ryan K Hodges' answer
The short answer is probably yes. It depends on the specific amounts and what debts may be owed still. Some personal representatives and attorney do not like to do partial distributions however, and prefer to do a single distribution of all the remaining assets.
The short answer is probably yes. It depends on the specific amounts and what debts may be owed still. Some personal representatives and attorney do not like to do partial distributions however, and prefer to do a single distribution of all the remaining assets.
Q: We are representing a seller whose property is 0.5 acres & is bounded by Salt River Project and two other properties.
Peter H. Westby's answer
A buyer would need to obtain an access easement from one of the adjoining landowners. In many cases, there is access that has been used over the years and turning this into legal access by obtaining an easement can often be done with the cooperation of an adjoining landowner. If there is no cooperation, legal access can be obtained by opening a private way of necessity per ARS 12-1201, et. seq. by legal action in the Superior Court.
A buyer would need to obtain an access easement from one of the adjoining landowners. In many cases, there is access that has been used over the years and turning this into legal access by obtaining an easement can often be done with the cooperation of an adjoining landowner. If there is no cooperation, legal access can be obtained by opening a private way of necessity per ARS 12-1201, et. seq. by legal action in the Superior Court.
Q: Is there a max amount a insurance company can sell ur car back to you after it has been totaled out
Timur Akpinar's answer
I don’t practice in Arizona, but your question remains open for 4 weeks. You or your attorney could check with the property damage adjuster. As a general practice, the adjuster can determine a salvage value by which to offset the total loss figure if the vehicle has been declared a total loss.
Tim Akpinar
I don’t practice in Arizona, but your question remains open for 4 weeks. You or your attorney could check with the property damage adjuster. As a general practice, the adjuster can determine a salvage value by which to offset the total loss figure if the vehicle has been declared a total loss.
Tim Akpinar
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