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Arizona Questions & Answers
1 Answer | Asked in Probate for Arizona on
Q: When filling out the valuations of property for probate, do you use the tax valuation or the market value for a house?
Ryan K Hodges
Ryan K Hodges answered on Jul 12, 2021

You can use either one. Just make sure you specify which it is.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Who owns the property ?

My stepmom and father passed away within two weeks of each other. My dad survived her by 10 days. The deed to their house is set up for right to survivorship. For probate purposes is my dad the sole owner of the house (since she passed away before him) or is it community property (split equally in... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jul 10, 2021

The answer to this question is in a reading of the deed. That document controls what happens.

For most Arizona deeds for married couples, the title is held in community property with an additional paragraph or page that says upon death the share goes to the surviving spouse. Older deeds...
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1 Answer | Asked in Estate Planning for Arizona on
Q: Can you help me ProBono?

My son and I are receiving assets and monthly payments I have 3 sons that are and 2 homes

Stephen M Vincent
Stephen M Vincent answered on Jul 9, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

2 Answers | Asked in Family Law for Arizona on
Q: How to revoke a power of attorney?

How do I find a Pro Bono lawyer?

Stephen M Vincent
Stephen M Vincent answered on Jul 9, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

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1 Answer | Asked in Probate for Arizona on
Q: Could you help me find a Pro Bono lawyer?

Due to an auto accident I had about 8 years ago, I sustained a concussion which resulted in a condition called Absent Seizers or Petit Mal Seizures. With proper medication which I ingest twice per day, I have not experienced one seizer since I started taking the medications. But since my recovery,... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 9, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

And, further to clarify, family law refers to divorce and child custody. You are most likely looking for a probate attorney to help you.

1 Answer | Asked in Juvenile Law and Social Security for Arizona on
Q: If I’m 17 and in Arizona and I run away to Chicago can my parents do anything about it?

Which state’s laws have the most jurisdiction in this situation? I know that in Illinois if a 17 year old voluntarily runs away the police will not force them home because It was voluntary, does that apply to this Scenario?

Kenneth Prigmore
Kenneth Prigmore answered on Jul 8, 2021

I am not an Arizona attorney. However, your question raises issues that you will need to consider for your personal safety and survival. It will take you a couple minutes to read, but it may save your life.

1- Be absolutely sure you need to leave home now. If your parents are causing you...
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1 Answer | Asked in Contracts for Arizona on
Q: If someone signs an “irrevocable” contract for a broker to sell a business and they “void” it would it still be binding

The potential owner found an individual to purchase the business and thusly doesn’t need to broker the deal through a 3rd party. The contract itself notates it to be irrevocable but the broker is simply wrote “Void” through the contract itself. Not sure if this would require signing a new... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

Depends.

Any contract can be changed, cancelled or modified by the parties.

Check with an attorney in a consultation to review your case.

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Greetings- My Son is unmarried and his girlfriend moved from Southern California to the Phoenix area with his son.

He has no visitation or support agreement, what steps does he need to take to get an enforceable agreement?

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

He should file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and work with her on drafting a Parenting Plan. He can work with her on the Parenting Plan before or after filing the Petition to establish.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: If I am not on my mom's bank account and she passed away, am I responsible for the "overdraft"?

My mom got SSI direct deposited every month of $947. It is supposed to deposit to her account the 3rd of every month. However, her money has always hit a few days before that. She got her March check deposited on 02/26/2021. She paid her rent, bills, etc. She passed away on March 2nd with a whole... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

I am answering here just to let you know that this is not a family law question. This is a question for a probate attorney. Family law refers to divorce and child custody cases. I think that because it was labeled family law, you haven't received an answer because this isn't an issue... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: In AZ, If a married man signed my son's birth certificate and I didn't know about it, is it fraud and can I revoke it ?

I otherwise would not have given consent.

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

Most likely. There are some time and circumstance limits that may come into play, but generally speaking, you can challenge his signature in Court, but the sooner you do so, the better.

I recommend speaking with an attorney as soon as you can.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Arizona on
Q: I need information regarding grandparent rights. my daughter is having issues with the father of her son and parents

the fathers parents are trying to take my grandson away from my daughter and she moved in with me. the father has past violent behavior and current domestic violence against my daughter. I also want to find out if my daughter was properly served paper work and if the other grand parents were... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

Feel free to give me a call to discuss more in detail because we need more information to answer the questions thoroughly, but I can give you some information now;

(1) Grandparents can file for legal decision-making and placement in Arizona, but they have to show they stand in loco parentis...
Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Civil Litigation and Small Claims for Arizona on
Q: The person we had TEMPORARILY caring 4 our dog as we searched for a place to live, is trying to keep him. What can I do

Someone had been watching our dog as we looked for a place to live. Among other things, the pandemic prolonged the time it took to do so (4 months). Right before we were to contact the guy to get our dog, he randomly texted and said he killed the dog and threw him in the fire. Devistated, we... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2021

Unfortunately, it is not as easy as merely requesting a civil standby. I have not filed a case like this personally, but I believe you should be able to file a case in justice court instead of at the superior court level since all you are seeking is possession of the property (dog). The fees will... Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: Can a errevocable trust be changed. My step mom is trying to remove me from my dad's and hers trust. My dad has passed

I was a successor to the trust. I was told my step brother is now successor. My dad wanted a church to get a percentage, I was told she removed them from the trust. I was told by my step brothers wife in secret, that it was asked if I should be removed aswell. I have no paper work on what is an... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 29, 2021

This question cannot be answered without reviewing the trust in question. No two trusts are alike.

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1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: I have a question regarding my parents home. On this home they were three owners which were my two uncles to my dad.

In this home they left it because they had personal issues they had to take care of. Leaving us alone for several years to pay mortgage insurance in any other necessary payments. We did receive a letter saying they want to force Sale We did not agree because This is the only home we have and we are... Read more »

Douglas Price
Douglas Price answered on Jun 29, 2021

Due to many grammer and spelling errors this question is impossible to answer at this time. You need professional help and should get it. I recommend that you pay a lawyer to meet either in person (best) or via video chat (not as good as in person). Then discuss your situation to understand what... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Health Care Law for Arizona on
Q: If a home healthcare agency sends an aide to a client's house that brought bed bugs into the clients home,can he sue?
Tim Akpinar
Tim Akpinar answered on Jun 28, 2021

An Arizona attorney could advise best, but your question remains open for a week. It sounds like it might be a difficult case. With such cases in general, connecting the infestation to the alleged source (to the exclusion of other possibilities) could sometimes present challenges. Additionally, if... Read more »

1 Answer | Asked in Estate Planning for Arizona on
Q: In az my son passed away. My ex wife lives over 2000 miles away I am taking care of the bills and cremation.

Funeral home says need both parents permission. Tho he has not had any contact with mother in over 15 years. I had custody when he was a juvenile. He had said he wanted cremation for years. Does the funeral home need my ex wife's permission. She has no issues with the cremation. But the... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jun 28, 2021

I am so sorry for your loss.

The law regarding burial and cremation in AZ is ARS 36-831. Cremation is not a right in Arizona. In order to be cremated one needs a cremation permit. In order to receive this permit the rule is generally that the decedent:

1. Has prepaid the...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What consequences am i looking at when i go to court on a charge b-1805 shoplifting?
Matthew Maerowitz
Matthew Maerowitz answered on Jun 28, 2021

So it's actually 13-1805, which is the Arizona statute for shoplifting (my guess is that the charges on the complaint were handwritten and the officer's "13" looks like a "B"). As a result, I'm assuming this is misdemeanor shoplifting in which case the maximum... Read more »

1 Answer | Asked in Contracts for Arizona on
Q: I am a defendant in a case where I perceive an attorney has knowingly filed a lis pendens. I have countersued.

I wish to file an ethics complaint or file against the attorney directly citing ARS 33-420 as I have done in the countersue against the plaintiff. I perceive the attorney uses frivolous lis pendens on a regular basis

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 28, 2021

Go to the state bar website and ask somebody there.

You can be liable if your complaint has no basis.

1 Answer | Asked in Criminal Law for Arizona on
Q: My son is 17, was detained by border patrol in Az. He was not charged or arrested for anything. Car & phone seized.

How can we get his property back? Did they have the right to seize it if he was not charged w/ anything?

Brian C. Soto
Brian C. Soto answered on Jun 18, 2021

It is not uncommon for Border Patrol to catch and release individuals they suspect are involved in criminal activity.

The agents seem to have a great deal of discretionary power in this regard.

It may be in your son’s best interest to speak to a federally licensed attorney as he...
Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Arizona on
Q: I am applying for my citizenship, i have been LPR for 7 years now, divorced. i had a criminal history?

I have green card for 7 years now, I had a criminal history- Felony theft in 2011, charges that changed to a misdemeanor then setaside or expunged back in 2014. Immigration is aware of the charges since it happened before I obtained my green card-LPR. Do I need to mention the charges again on my... Read more »

Agnes Jury
Agnes Jury answered on Jun 16, 2021

You will have to disclose the criminal history in your citizenship application. It can affect your eligibility because one of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good... Read more »

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