Arizona Questions & Answers by Practice Area
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Arizona Questions & Answers
Q: I WAS CHARGED WITH UNLAWFUL FLIGHT FROM LAW ENF VEH IN 11/2014. THERE IS A WARRANT. HOW DO i CLEAR THIS?
Zachary Divelbiss' answer
There are two ways to deal with this. The first option is to go to court yourself and convince the judge to quash the warrant. Depending on the judge, they may take you immediately into custody and force you to pay the bond to be released. The second option is to hire a lawyer. A lawyer will be able to file the motion to quash without you having to go to court. Everything is still up to the judge. If you have more specific questions, please don't hesitate to contact us at Zach@Divellaw.com or...
There are two ways to deal with this. The first option is to go to court yourself and convince the judge to quash the warrant. Depending on the judge, they may take you immediately into custody and force you to pay the bond to be released. The second option is to hire a lawyer. A lawyer will be able to file the motion to quash without you having to go to court. Everything is still up to the judge. If you have more specific questions, please don't hesitate to contact us at Zach@Divellaw.com or...
Q: We signed a contract for a new build and would like to get out of it. We gave them a $30,000 earnest deposit.
Peter H. Westby's answer
You can usually cancel your contract. Obtaining your earnest money deposit can be difficult. Builder contracts often provide that earnest money deposits are non-refundable. Sometimes you can negotiate a partial refund. Sometimes the reason for cancellation can give you some help, such as the inability to obtain financing. I recommend reviewing your contract with a real estate attorney and get advice as to your legal rights and best options.
You can usually cancel your contract. Obtaining your earnest money deposit can be difficult. Builder contracts often provide that earnest money deposits are non-refundable. Sometimes you can negotiate a partial refund. Sometimes the reason for cancellation can give you some help, such as the inability to obtain financing. I recommend reviewing your contract with a real estate attorney and get advice as to your legal rights and best options.
Q: What happens if a person takes all important papers and shreds them then filed probate
Ryan K Hodges' answer
Depending on what documents were shredded and how the contents of the documents would have changed the probate process, you can contest the probate and try to establish the content of the documents by other means. Perhaps the drafting attorney retained a copy.
Depending on what documents were shredded and how the contents of the documents would have changed the probate process, you can contest the probate and try to establish the content of the documents by other means. Perhaps the drafting attorney retained a copy.
Q: I was hired by the executor to clean an estate (biohazard case), there are no heirs or will but I haven't been paid....
Ryan K Hodges' answer
You should contact the executor who hired you and seek payment from the estate or him or her directly.
You should contact the executor who hired you and seek payment from the estate or him or her directly.
Q: Will the surviving spouse automatically be given the house where we live & own free & clear?
Ryan K Hodges' answer
If you are both on the deed with rights of survivorship, then upon the death of the first spouse, the survivor will automatically become the sole owner. However, this done eliminate liens or mortgages that may be against the property. Those will still apply.
If you are both on the deed with rights of survivorship, then upon the death of the first spouse, the survivor will automatically become the sole owner. However, this done eliminate liens or mortgages that may be against the property. Those will still apply.
Q: Can I use someone else's photos on my website?
Timur Akpinar's answer
An attorney familiar with copyright law could be in the best position to answer your question after determining your planned use of the images, whether the images are in the public domain, are protected by copyright, image usage licenses, their use would violate privacy rights, their use would require the subject’s permission, among other restrictions and conditions that could possibly apply.
Tim Akpinar
An attorney familiar with copyright law could be in the best position to answer your question after determining your planned use of the images, whether the images are in the public domain, are protected by copyright, image usage licenses, their use would violate privacy rights, their use would require the subject’s permission, among other restrictions and conditions that could possibly apply.
Tim Akpinar
Q: Is a will or trust preferable to set up when you have assets in excess of $100,000?
Marcus N. Seiter's answer
This all depends on many factors such as your family makeup/dynamics, the types of assets you have, your health, expected longevity, and who you want to inherit those assets.
A will-based plan can be adequate for some people with even a few hundred thousand in assets depending on circumstances, while a person with even less may find a trust-based plan to be more suitable.
I suggest that you speak to some Estate Planning attorneys in your area about these questions. Many offer...
This all depends on many factors such as your family makeup/dynamics, the types of assets you have, your health, expected longevity, and who you want to inherit those assets.
A will-based plan can be adequate for some people with even a few hundred thousand in assets depending on circumstances, while a person with even less may find a trust-based plan to be more suitable.
I suggest that you speak to some Estate Planning attorneys in your area about these questions. Many offer...
Q: Confused - is it okay to use your cellphone when driving - I see yes, but then I see some cities ban it?
Zachary Divelbiss' answer
Correct, Arizona used to completely allow cell phone use while driving. Now, certain cities have created their own laws that prohibit it. A violation will result in a civil fine. In addition, there have also been laws about the age of the driver (under 18) and their ability to use their phone in the car. Be sure to check where you live and common places where you drive for the most update to day laws regarding cell phone use.
Correct, Arizona used to completely allow cell phone use while driving. Now, certain cities have created their own laws that prohibit it. A violation will result in a civil fine. In addition, there have also been laws about the age of the driver (under 18) and their ability to use their phone in the car. Be sure to check where you live and common places where you drive for the most update to day laws regarding cell phone use.
Q: In Informal Probate Testate, does everything need to be included in the Inventory or just items not disposed of in Wil?
Ryan K Hodges' answer
You need to list everything that is part of the estate including items given in the will. However, you can use broad categories for smaller items like household goods and furniture.
You need to list everything that is part of the estate including items given in the will. However, you can use broad categories for smaller items like household goods and furniture.
Q: What do u do i was hit in cross walk ... driver for me into her car and dropped me off after going to the bank no cops
Timur Akpinar's answer
If you were injured, you could check with an Arizona attorney what your options are. From the facts given, it doesn’t appear that you got the plate number. Police were not called. If there were any traffic cameras at the crosswalk, an attorney might be able to look into how long their data was stored.
Tim Akpinar
If you were injured, you could check with an Arizona attorney what your options are. From the facts given, it doesn’t appear that you got the plate number. Police were not called. If there were any traffic cameras at the crosswalk, an attorney might be able to look into how long their data was stored.
Tim Akpinar
Q: Can I plead not guilty to drunk driving if I truly did not think I was drunk at the time of the incident?
Zachary Divelbiss' answer
In short, you should plead not guilty because the burden of proof is on the State to provide that you were intoxicated at the time you were driving. Keep in mind that in order to be convicted of a DUI all that matters is if you were under the influence of alcohol -- not that you believed you were drunk. Arizona is a zero tolerance state, which means that any amount of alcohol in your system is enough to convict you of a DUI. The smart choice is always to plead not guilty and then hire a lawyer...
In short, you should plead not guilty because the burden of proof is on the State to provide that you were intoxicated at the time you were driving. Keep in mind that in order to be convicted of a DUI all that matters is if you were under the influence of alcohol -- not that you believed you were drunk. Arizona is a zero tolerance state, which means that any amount of alcohol in your system is enough to convict you of a DUI. The smart choice is always to plead not guilty and then hire a lawyer...
Q: son died 7/6/2015, mother died 5/5/2016- does grandson have rights to will proceeds in Arizona
Ryan K Hodges' answer
Whether the grandson has rights will depend on what the will says. If there is no will, then the grandson would have rights to his dad's share of the estate.
Whether the grandson has rights will depend on what the will says. If there is no will, then the grandson would have rights to his dad's share of the estate.
Q: How much would it cost me to send a seize and deciest notice to someone?
Timur Akpinar's answer
You could contact several Arizona attorneys in your area and ask them about their fees to draft a cease and desist letter.
Tim Akpinar
You could contact several Arizona attorneys in your area and ask them about their fees to draft a cease and desist letter.
Tim Akpinar
Q: Wreck no driver license. Given paper todo ddc. There was no complaint number on ticket.
Zachary Divelbiss' answer
There should be some type of case number on your ticket, usually at the very top. If not, you will need to contact the court where the ticket was issued. The court information should also be on the ticket. The court will be able to give you the case number if you well them your name and date of birth. Then you can complete DDS.
There should be some type of case number on your ticket, usually at the very top. If not, you will need to contact the court where the ticket was issued. The court information should also be on the ticket. The court will be able to give you the case number if you well them your name and date of birth. Then you can complete DDS.
Q: How much notice to vacate my apartment is required when purchasing a home?
1 Answer
| Asked
in
Contracts, Real Estate Law and Landlord - Tenant
for
Arizona
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Peter H. Westby's answer
You must give the notice required by your lease or rental agreement. If you are on a month to month tenancy, you must give 30 days notice--if you plan to be out by the end of December, you must give your 30 days notice before the end of November.
You must give the notice required by your lease or rental agreement. If you are on a month to month tenancy, you must give 30 days notice--if you plan to be out by the end of December, you must give your 30 days notice before the end of November.
Q: How does Arizona view self-made wills? I got mine notarized. Does that change anything?
Ryan K Hodges' answer
Self-made wills can be valid just like ones done by attorneys. If it is type-written, it must be signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction and signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the will or the testator's acknowledgment of that signature or acknowledgment of the will. Notarization is actually not...
Self-made wills can be valid just like ones done by attorneys. If it is type-written, it must be signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction and signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the will or the testator's acknowledgment of that signature or acknowledgment of the will. Notarization is actually not...
Q: my husband is a prior felon and we picked up charge of dangerous drug and possesion of paraphinaila class 4 and class
Zachary Divelbiss' answer
It is always in your best interest to fight the charge and try to get a better deal. With the type of charge your husband is facing and the fact that he has prior felonies, it might be difficult to negotiate because the prosecutor will want, at least, some jail time. Asking for that much probation time without prison is not likely but it at least shows a willingness to get help and not pick up new charges. It is possible the public defender you have is being overworked and not fulling getting...
It is always in your best interest to fight the charge and try to get a better deal. With the type of charge your husband is facing and the fact that he has prior felonies, it might be difficult to negotiate because the prosecutor will want, at least, some jail time. Asking for that much probation time without prison is not likely but it at least shows a willingness to get help and not pick up new charges. It is possible the public defender you have is being overworked and not fulling getting...
Q: Can I now legally leave a property to someone (as of my death) if the property has not yet been distributed to me?
Peter H. Westby's answer
You can provide in your estate planning documents that any real property obtained from this trust pass to the person you designate. However, the more immediate concern seems to be obtaining the property from the Trust. I recommend reviewing the language of this Trust with an attorney to verify that the trustee is acting in accordance with the instructions of the Trustor(s). If he is not, he can be compelled to act or, in some cases, he can be removed. Your attorney will let you know your...
You can provide in your estate planning documents that any real property obtained from this trust pass to the person you designate. However, the more immediate concern seems to be obtaining the property from the Trust. I recommend reviewing the language of this Trust with an attorney to verify that the trustee is acting in accordance with the instructions of the Trustor(s). If he is not, he can be compelled to act or, in some cases, he can be removed. Your attorney will let you know your...
Q: how do we get a deed to a house after the owner died
Peter H. Westby's answer
If the deceased owner was the only person on title, the owner's estate may need to be probated. I strongly recommend that you discuss this with an attorney before taking action. Your attorney will be able to inform you of your legal rights after learning the facts and reviewing any documents you have.
If the deceased owner was the only person on title, the owner's estate may need to be probated. I strongly recommend that you discuss this with an attorney before taking action. Your attorney will be able to inform you of your legal rights after learning the facts and reviewing any documents you have.
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