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Arizona Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: I received a copy of a Motion to Set and Certificate of Readiness. Do I need to file a response?

I do not agree with what is stated in this motion, I am not ready & I cannot afford legal counsel.

Mike Branum
Mike Branum
answered on Jun 30, 2022

Yes. If you do not respond, the Court can set the matter for trial whether you are ready or not.

Do an internet search for "Arizona legal self-help." There are resources that may assist you in responding.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Is there an A.R.S 33-2283?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 30, 2022

You probably have the wrong number for the Statute. Research the legal topic in AZ and you should find the Statute you are looking for. If critical, hire an AZ attorney.

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I proceed when arresting officers, public defender also judge are coercing/ bullying me and requests for change o

Change of lawyer are ignored and forcing me to stay with current lawyer who can't be trusted even. A little bit please help

Mike Branum
Mike Branum
answered on Jun 28, 2022

You are entitled to representation. You are NOT entitled to different representation because you do not approve of the representative provided to you. Your option is to find a way to pay for private counsel. Otherwise, your lawyer is your lawyer unless a conflict of interest arises (conflict of... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: We brought a Shea home in 2015 we had a flood from upstairs just recently and were told the pipes are brittle and need

To be replace. We were told Shea homes used cheat piping and was aware. We were told we have to repipe our entire home because of the piping material that was used. A few other homes in my area had the same thing happen. Do we have any legal course we can do to have Shea homes fix this issue? This... Read more »

Peter H. Westby
Peter H. Westby
answered on Jun 27, 2022

I recommend that you speak with a real estate attorney. From the information you provided, you may have recourse under Arizona's Dwelling Action law, ARS 12-1361, et.seq. The statute of limitations concerning such a claim can be up to 8 years from the substantial completion of the dwelling.

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Landlord prorating rent

We’ve rented the house for three years. We moved out at the beginning of June and our lease went through the end of June. We let the landlord know they re-rented it and a new tenant moved in on June 18. I asked about the rent being prorated and they said they didn’t have to prorate it. What are... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

They can't double dip: If they charge you for a full month, they have to make sure the premises are available to you the entirety of that month.

2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

Yes, you can. But you probably should get the lawyer on board as soon as you can because there are deadlines approaching in your case as trial gets closer. The longer you wait, the less strategic options your attorney has.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »

Mike Branum
Mike Branum
answered on Jun 20, 2022

Of course. Your attorney will have some catching up to do but you are absolutely able to hire counsel (the judge will likely be happy about it).

I would not hesitate any longer, however.

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2 Answers | Asked in Family Law for Arizona on
Q: What do I have to do to change our parenting plan?

I moved and father isn't agreeing to meet to the new middle point to exchange our children. He wants to keep it at the old address on file but its no where near middle for me now. What do I have to do in order to change the new middle point to exchange children? Do I still have to meet him at... Read more »

Mike Branum
Mike Branum
answered on Jun 20, 2022

You will need to file to modify the existing order. Depending on how much of an inconvenience your proposed meeting location is for your ex, the judge may not change the order. Since you were the party who moved, the judge may not feel your ex should have to share the burden unless you can show how... Read more »

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: can an executor of a trust be removed if he has failed to inform the beneficiary when it became irrevocable 2 1/2 yrs

my uncle has yet to tell me anything about a trust my mother left me when she passed away almost 3 years ago I only know a little because of my brother telling me .I've asked my uncle about it and still nothing .I think he is trying to cause a hardship that way I would be inclined to sell my... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Jun 17, 2022

When a person has a trust, it becomes irrevocable upon their death. The successor trustee of has a fiduciary and legal obligation to report to the beneficiaries of a trust.

At a minimum, assuming you are a beneficiary, you should have been provided with, at a minimum, a copy of the...
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1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My son died without a will. I am the heir. Can I quit claim the house to his partner after it is quit claimed to me.

My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 15, 2022

As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can I move back to Texas with my son where all my family are when his dad works here in AZ and still get child support?

We both have TX IDs still so I don’t know which state has jurisdiction to handle our case. We’ve lived in AZ for a year now. I have a big family support system back in Texas and his father doesn’t really have much support with extended family here in AZ. I cant afford to live here anymore and... Read more »

Mike Branum
Mike Branum
answered on Jun 13, 2022

This is an incredibly complex question for an "Ask-a-lawyer" service but I will give you the highlights.

Your answer depends on whether or not you were married to the father and whether or not you have a custody order from Texas or any other state. Assuming you are not married and...
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1 Answer | Asked in Divorce, Estate Planning and Family Law for Arizona on
Q: My husband and I are residents of Arizona. What happens to our house during a divorce?

He solely purchased the house in 2007. We met in 2014. I had our oldest child in 2016. We married in 2017. He refinanced the house in 2018 or 2019 but didn't want to put me on the home loan even though my credit score is consistently in the upper 830s - 840s. Our youngest was born in 2018.... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 13, 2022

The house belongs to him. A.R.S. 25-213(A) reads, "A spouse's real and personal property that is owned by that spouse before marriage ... and the increase, rents, issues and profits of that property, is the separate property of that spouse." As he owned before the marriage and never... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Can the police make you open yoir gate at gun point and search home ans yard and break into safe without a warrant?

They entered the yard handcuffed him at 10am searchead his home and found his safe broke into it found drugs and money and arrested him and served him aearch warrant at 120 pm while already in jail is that even ligal i thought you needed a warrant to search premises and their body cams were off... Read more »

Dwane Cates
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Dwane Cates PRO label
answered on Jun 3, 2022

Generally speaking, the government needs a search warrant to search your home. There are some exceptions such as exigent circumstances or imminent danger. You indicated that they served a warrant him later in the day. What really matters is when was the warrant issued by the Court. Again,... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Do I have a dental malpractice case if my dentist was negligent and left me with no teeth since last summer?

My dentist was to extract all my teeth & replace them with 3 bridges and 6 implants on each arch. Surgery & implant placement was in July of ‘21. I was sent home with a denture that didn’t properly fit because they never took since impressions were never taken. After several failed... Read more »

Sean Woods
PREMIUM
Sean Woods
answered on Jun 2, 2022

As with everything, it depends. It sounds like you have been through a terrible ordeal. You likely could have a case - these types of cases require preliminary expert reports, so to get to the case, you would need a dental surgery expert to review the records and opine on what went wrong and why.... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Arizona on
Q: Revocable living trust, dad past. Can she not read the will to the boys now, time limit on filing to make it irrevocabl.

Plus he has a special clause for if one of the boys get disabled the trust is to help him and he does not get his 20%. Pays for other items medicare does not pay.

David Gerszewski
David Gerszewski
answered on Jun 2, 2022

I would recommend you talk to an attorney review the Trust. Trusts with special needs considerations are usually more complex than a regular trust. It is very likely the trust may only became irrevocable after the spouse passes away, not after the first person passes away. An attorney will need to... Read more »

1 Answer | Asked in Divorce, Estate Planning and Tax Law for Arizona on
Q: Can a Trust decide its distributions aren’t community property even when taxed as non passive K1 income & filed jointly?

In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... Read more »

Ilene L McCauley
Ilene L McCauley
answered on May 25, 2022

Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can you claim child support but choose for the father not to have any rights to the child?

Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?

Mike Branum
Mike Branum
answered on May 25, 2022

The short answer is no.

If you establish paternity he will be required to pay child support but he can also assert a right to parent time. 50/50 custody is presumed to be in the best interest of the child but it appears you are in Minnesota and the father may be in Arizona?...
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1 Answer | Asked in Child Support for Arizona on
Q: My child is 17 and just graduated high school, does Az child support end now since she graduated high school?
Stephen M Vincent
Stephen M Vincent
answered on May 25, 2022

No. Child support ends when two conditions are met (1) the child turns 18 and (2) graduates high school. Only one of those conditions are met. Therefore, child support continues until she turns 18.

1 Answer | Asked in Child Custody for Arizona on
Q: How can I obtain visitation rights or joint custody of my brother?

My brother is 14 y M. My mother and her new husband are verbally degrading him on the regular. I don't know that I have any rights as his sister. CPS has had open cases against them but they take my mother's word. She's a great liar.

Stephen M Vincent
Stephen M Vincent
answered on May 24, 2022

You certainly can file a Petition for Third-Party Visitation.

You probably cannot file for custody unless you can prove that (1) your brother considers you to be like a mother to him, and (2) it would be significantly detrimental for your brother to be in the care of your mother or any...
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1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: Can grandparents appeal a judgement removing all visitation of their grandson?

The judge refused to interview the 16 year old grandson. She stated that minors are not allowed to voice opinion. Then later in the procedure claimed he wasn’t interviewed because no one put in a motion for him to be interviewed. We were totally unaware of this possibility. We feel it is... Read more »

Stephen M Vincent
Stephen M Vincent
answered on May 24, 2022

Yes, you can appeal, provided you have not missed the deadline to start an appeal.

But I want to be frank with you because I don't want to see you spend time, money, and energy pursuing something that is not going to get you where you want to go. And I preface this by saying I...
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