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My mother and father created a joint will. After my mother's death, my father removed me and all of my mother's family from the will and replaced us with his own family. Is it legal for him to make these changes?
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answered on Apr 10, 2025
Consult with an AZ attorney about whether to contest the Will's Probate as the Decedent Father breached a contract to make his Will a certain way. But if Father not dead, you cannot do anything at this time but gather witnesses that there was a contract between your Parents to make such a... View More 
advice about a move to a new home, 14 miles away from current home, ensuring compliance with Arizona law while keeping my co-parent’s parenting time unaffected. Details: New home to the other parent’s home: 20-21 miles.New home to our child’s school: 16 miles, child will not change school.... View More
answered on Apr 7, 2025
That seems like an acceptable move.
Moves like yours happen all the time, and the vast majority do not result in any court action at all. It is common for parenting to continue to share equal parenting time at that distance. So most likely, it should be fine.
That said, nothing in... View More
I was involved in a car accident while turning left, and an oncoming car clipped me. As a result, three cars were damaged. I've reported my side of the story to my insurance company. My concern is whether I can be sued if my car insurance coverages are not enough to cover all the damages. What... View More
answered on Apr 4, 2025
An Arizona attorney could advise best, but your question remains open for a week. I'm afraid you could, but don't lose sleep over it - just be attentive to it. Your attorney assigned by your insurance carrier will probably warn you of this possibility and carry out the standard notices to... View More
In Arizona, my spouse incurred debt during our marriage for business expenses, but the credit was solely in their name. We have a will and a trust as part of our estate plan, but there are no existing agreements regarding debt. Am I, as the surviving spouse, responsible for this debt?
answered on Apr 2, 2025
Arizona is a community property state. You can be responsible for debts contracted by your husband. But this is a business debt. More information is needed to determine your liability, if any. I recommend that you consult with an attorney. Your attorney will need to know how the buisiness was... View More
My father passed away intestate in Arizona and owned a small manufacturing business that makes cabinets and does epoxy floor coatings. He had an unspecified tax liability and no other significant assets, except for a small personal bank account. How should I proceed with handling his estate and... View More
answered on Apr 1, 2025
The first step is to determine the value of the assets in your father's estate and also the amount of the debts. Your father's CPA may be able to help. Or you may need to hire a business appraiser or business broker to determine the business value. If there is no real property and the... View More
I have a registration lien on my Mustang here in Arizona and I'm in default on the loan, having missed the last three payments of $505 per week. I'm considering filing for Chapter 7 bankruptcy and would like to know if I will be able to keep my Mustang if I include the loan in the bankruptcy.
answered on Mar 31, 2025
In a bankruptcy filing, you have no choice about which debts and assets you disclose in what all you file with the Court. You sign your several Court documents under penalty of perjury (a felony) and it's never smart to morph a money issue into a criminal case,
There are some special... View More
My son and I were involved in a vehicle collision where the other driver turned left in front of us on a blinking yellow light. Initially, our insurance placed fault on my son due to a ticket and one witness statement. We fought the ticket in court, and the judge found the witness statement... View More
answered on Mar 28, 2025
It appears that the court's reversal on the issue of legal liability was correctly decided in your favor. California Vehicle Code Section 21801(a) provides that oncoming traffic in a left-turn scenario has the right of way. An exception would be if the vehicle driving straight through the... View More
I was involved in a work accident on 11/15/2024, which resulted in extensive damage to my 4th toe on my left foot, including nerve damage, debridement, and a permanently shorter toe. Despite filing a workers' compensation claim, I believe the insurance company is at fault for delaying my... View More
answered on Mar 25, 2025
The delay in treatment may, possibly, be insurance bad faith and a claim would be outside the work injury case. The WC claim will compensate you for damage to your toe or foot as it is after all treatment is finished, and the amount also depends on your ability or inability to go back to the job... View More
I was run over by a snowcat at work, requiring hip surgery and leading to ongoing medical treatment. I'm part of a union and filed a workers' compensation claim that is still ongoing. My employer has kept me on light duty for two years but hasn't offered a full-time position or... View More
answered on Mar 25, 2025
Good afternoon. Your question is about more than a workers' compensation (WC) claim, and potentially involves additional or separate rights you may have under the collective bargaining agreement (contract) between your employer and the union, and possibly rights you may have under the... View More
I am the custodial parent seeking a court-ordered modification to increase child support payments. The non-custodial parent received a significant one-time bonus from a lucrative construction development project about eight months ago. Our existing child support agreement was established through a... View More
answered on Mar 24, 2025
You have described several reasons that you may be entitled to a child support modification, which are not related to his one time bonus.
Under Arizona law, seasonal or fluctuating income within a year are annualized to determine the average monthly Child Support Income. If this is truly... View More
I have been exercising my parenting time without issues for the past five years, during which my children have flown to me in Washington. Recently, the mother filed an emergency motion that falsely claims the children do not want to fly to WA, leading the Arizona judge to temporarily suspend my... View More
answered on Mar 24, 2025
Did the court enter these orders without even hearing from you ("ex-parte")? If so, then under our rules, you are entitled to a very quick hearing at which point mother would have to prove her concerns. If that hearing has already taken place, please know that temporary orders are only... View More
I lent my ex-husband a total of $48,051, depositing $15,000 on November 4, 2024, and $33,051 on November 14, 2024, directly into his checking account. He promised via text to repay me before leaving the country in January 2025. Since he left, I have made numerous attempts to contact him through... View More
answered on Mar 17, 2025
Before your ex returns you should hire a private investigator to update your knowledge of his assets and income. Next, hire an attorney to file a collection lawsuit and ready it for service upon your ex when he returns. The suit should be filed shortly before his return. This will not guarantee... View More
My wife and I are considering a mediated, amicable divorce, but we will be moving from Arizona to Utah this summer, possibly in August. We have been Arizona residents since 2023 and have two children, ages 9 and 5, with plans for 50/50 custody. We are deciding whether to file for divorce in Arizona... View More
answered on Mar 17, 2025
One of the requirements for filing in Arizona is that at least one of the spouses must be domiciled in Arizona for 90 days. That means you must have lived here for the 90 days prior to filing for divorce with the intent to remain here. You indicate, "We wish to file for divorce soon after... View More
I recently broke up with my girlfriend, and we have a child together. We verbally agreed to share custody, each having half a week with our child. However, she told my sister she wants to take my daughter away from me, which she's denied to me, but she often lies. There has been no formal... View More
answered on Mar 17, 2025
It sounds like it is time to go to Court. It's probably the only option you have right now to protect your parental rights.
What you're going to need to do is file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and get... View More
In 2007, a joint tenancy with right of survivorship deed was recorded, but it was either missing the second page or not signed properly. One of the joint tenants is now deceased. Can this issue be corrected, and what steps should be taken to address the problem?
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answered on Mar 17, 2025
You will need an AZ attorney to search that title and advise. You have not precisely stated what is wrong with the deed and are obviously confused. Getting a correction deed, if possible, requires going back to the original grantor to execute the deed again. That may not be possible, and a... View More
In January 2023, I sold a property and signed a quitclaim deed over to the buyer, which was recorded in February 2023. Recently, the buyer's attorney claimed I need to sign a new quitclaim deed as heir of my mother's estate pursuant to A.R.S. 12-1103(B). There was no estate, recorded... View More
answered on Mar 13, 2025
Presumably your January 2023 sale was handled by a title company and the buyer obtained a policy of title insurance guaranteeing that he was getting clear title to the home. More information is needed to determine what cloud, if any, exists. If there is a cloud, the buyer's title insurer... View More
I own 25% of an industrial property, which I inherited in 2017 after my mother's passing. The property was initially purchased by my parents through a 1031 Exchange before their divorce and before I received my share. An appraisal was conducted in 2023 when my father refinanced the property.... View More
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answered on Mar 13, 2025
If the property was included in your father’s taxable estate when he died, which is likely, then its basis is now date of death value. If you sell you would only need to pay taxes on the appreciation since date of death.
I am in the process of a dissolution with a minor in Arizona. The respondent recently added a small detail in her response, stating that the minor children, who are to be split 50/50 between us, can choose to stay with their mother if they are sick. I have no issues with this addition and am... View More
answered on Mar 12, 2025
Mediation might be a very simple method of reaching a final agreement including this term. Although I do not know who you are meeting with as a mediator, if it is with the court, they are likely to draft a consent decree for your signature at that very meeting. However, one way to avoid mediation... View More
I am a pre-senior and disabled individual facing overwhelming debt, and I am at risk of eviction and homelessness. My payday loans and other bills are out of control, and while I've consolidated my credit card debt with CCCF, I haven't managed to consolidate my payday loans. Last year, I... View More
answered on Mar 6, 2025
Based on your description, it appears you are fighting an uphill battle that you can never win. Consider looking into filing for bankruptcy. But first, please understand that bankruptcy is a very complicated process. It is important that you educate yourself about bankruptcy before jumping into the... View More
I am the only surviving witness to a real estate agreement in Mohave County, AZ, where a father gave his son a piece of land. This issue is part of a civil suit for breach of contract, with the plaintiff claiming that the son was supposed to return the land after one year. I realized my involvement... View More
answered on Mar 3, 2025
This can be complicated. You need to work through the lawyer for one of the parties. You and your testimony will need to be disclosed to opposing counsel and, If the lawyer determines that your testimony is crucial, the lawyer will need to inform the court of a recently discovered witness that he... View More
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