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Arizona Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Do we even have a leg to stand on?

My incarcerated brothers son was taken away from mother into dcs and placed with the mothers step mother. child protective services didnt try to contact paternal family or the father. There was a scheduled meeting that we attended that was found out from a friend an hour before it was scheduled.... Read more »

Mike Branum
Mike Branum answered on Oct 2, 2020

Unless you had a strong "parent-like" relationship with the child, you face an uphill battle challenging the CPS placement. There are a LOT of unanswered questions here which an Arizona family law attorney would need answered in order to provide you the assistance you need. Unless the... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Arizona on
Q: Am I obligated to pay for a rental car that I didn't sign an agreement fro it?

I recently rented a car, and typically before you get the keys, you sign a rental agreement. I was not asked to sign any agreement, am I still obligated to pay without signing an agreement?

Tim Akpinar
Tim Akpinar answered on Oct 1, 2020

An Arizona attorney could answer best, but your question remains open for two weeks. As a general premise, signing an agreement has evolved from what it meant in the past. Digital keystrokes on a computer or other device have attained the same legal force as a traditional signature left by a pen on... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Whlt are my rights as a property owner after displaying a no trespassing sign if I catch someone on my property damaging

Don't answer the way they want you too answer truthfully

Mike Branum
Mike Branum answered on Sep 30, 2020

Capture video evidence and call 911. After you have contacted 911, you may, if safe to do so, request the parties stop damaging your property and leave. While Arizona law does allow citizens to use physical force in a reasonable manner to stop theft or damage to personal property, it is an... Read more »

1 Answer | Asked in Child Custody for Arizona on
Q: I have a question my son is resign under his father we do have 50/50 custody. If I move out of the states can he

File full custody even tho I let the court know I move out of state for what’s best for my son

Randi Sirlin
Randi Sirlin answered on Sep 28, 2020

You can not take your son and move him out of state without a court order. You should contact an experienced family law attorney to discuss a relocation case.

1 Answer | Asked in Personal Injury and Car Accidents for Arizona on
Q: How do I go about fixing my car after a hit and run?

I was involved in a hit and run about a year ago I was able to get the license plate and make a report to the police. I never followed up because I moved states and lost the documents, I’m back in Arizona now and where the damages that were caused during the hit and run are now causing my vehicle... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 25, 2020

An Arizona attorney could advise best, but your question remains open for a week. You could try that, but issues may arise as to notice - with either carrier. The general premise, regardless of jurisdiction, is that an insurance carrier needs notice within a reasonable time to investigate claims.... Read more »

1 Answer | Asked in Personal Injury for Arizona on
Q: I slipped and fell on some water at the casino. An insurance claim has been filed, but I need legal help

I am dealing with several symptoms and injuries. The insurance adjuster is supposed to call me within a day or two. I need to pursue this matter, but don't know how.

Tyler Young
Tyler Young answered on Sep 25, 2020

You need an attorney immediately. Time is critical to your claims. Often casinos have videos of incidents that they don't save unless they're provided with a properly worded "preservation letter." Most lay people cannot do this alone. Without video evidence of your fall on... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Copyright Lawsuit - ESI

Four months prior to filing my lawsuit as a pro se litigant, I wrote a letter to the company I am now suing requesting preservation of ESI (in particular, security video). I also sent a second notice months after the filing of the case. Both letters were sent via certified mail. That security video... Read more »

Michael Gerity
Michael Gerity answered on Sep 24, 2020

Well, this isn't really a copyright question, but an evidentiary question. The failure to preserve or produce relevant evidence in a civil case can have consequences to the party who failed to preserve/produce. The legal concept is called spoliation. You should research that topic to... Read more »

3 Answers | Asked in Estate Planning for Arizona on
Q: Non Arizona resident parent has been moved here so we can provide in home care.

The intent was for them to regain strength and return to a senior facility in Wyoming. If they die here are they subject to Arizona laws such a probate for estate? The Will was created in Wyoming with only money as assets.

Ilene L McCauley
Ilene L McCauley answered on Sep 23, 2020

Residency is a facts and circumstances test. However, a Last Will which was created in Wyoming, will generally work in Arizona, if residency has changed.

Probate will depend upon whether or not the beneficiaries have control over the assets. There are many ways to find out about...
Read more »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: How can I collect personal belongs of my ex mother in laws who passed when her boyfriend doesnt wanna give us her stuff?

My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 23, 2020

I am sorry for your loss.

Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with...
Read more »

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1 Answer | Asked in Divorce for Arizona on
Q: How do I get out of a subpoena. I do not want to testify against my brother in his divorce
Randi Sirlin
Randi Sirlin answered on Sep 22, 2020

The subpoena should have detailed information on it regarding your right to object. However, if you do not have a viable, legal objection, you may be forced to testify. You should consult an experienced family law attorney to assist you with the matter. It is important that you do not ignore the... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away September 14. He owned property before he married his current wife. Rights of his children?

The original Will allowed his wife to remain in the home until her death and then property would be transferred to us. 2 weeks before he died he changed the Will and left everything to her. We believe coercion was involved? What are our rights? How do we find out who his attorney is?

Douglas Price
Douglas Price answered on Sep 19, 2020

The first thing to do is to see the original will. If the wife has it she will need to submit it to probate court and the Clerk will then have the original. You have a right to see it and to question it, especially under the circumstances. One question I have is the value of the house, in... Read more »

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2 Answers | Asked in Divorce and Family Law for Arizona on
Q: Am I entitled any part of the family owned business.

I was the bosses daughters boss at another job. We ended up getting married but before we got married, the dad asked me to come work for him. I worked there for 16 yrs and ran the place for 10-12 yrs. Parents of wife said that I would always have job if we ever got divorced. Part of the business... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 21, 2020

The laws of community property may apply here if your husband had any rights in business. Your divorce attorney can obtain information on ownership of the company. Information may also be available on the ACC website if the business is an Arizona entity. I would strongly recommend you go online... Read more »

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1 Answer | Asked in Personal Injury and Contracts for Arizona on
Q: Thousand dollars down to hold a truck and the guy died two days later and never made it back they won’t refund
Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

Since your post remains open for a while, at this point you could consider checking with an Arizona attorney if this is something the person(s) appointed to handle the estate would handle - but if it was a matter of cash exchanged over a handshake, there might not be any record of it. Good luck... Read more »

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I would like to know how and if there is a way to address current child support order.

I struggled to obtain a well paying job last year, I was let go once and I was out of a job for a few months, currently with COVID my income was affected. The first child support order was at $345 when I was consistently earning a decent income, but I no longer work there and my hours fluctuate,... Read more »

Peter W Davis
Peter W Davis answered on Sep 18, 2020

Child support can be modified in Arizona at anytime upon a showing of substantial change in circumstances. This can be done by one of 2 methods, a simplified modification where you file, serve the other party and if they don't request a hearing the Court orders your modification. There is a... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: My sister died in AZ without a will, do I need to wait 6 months to transfer her house title to myself to sell it?

I can use the small estate transfer by value of her assets, is this the best process? If I file for probate to sell her house will I have to pay her creditors

Ilene L McCauley
Ilene L McCauley answered on Sep 15, 2020

I am so sorry for your loss.

It is difficult for me to answer your questions with the facts you give me. I need to know whether your sister had other family...children, spouse or other brothers and sisters. Also who are creditors? Is there a mortgage (in AZ called Deed of Trust) on the...
Read more »

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1 Answer | Asked in Real Estate Law for Arizona on
Q: I have been letting my wifes nephew live in my Mobile home rent free. I want to start charging rent. Can I?
Peter H. Westby
Peter H. Westby answered on Sep 14, 2020

Yes, you can start charging rent. But you will first need to terminate the current tenancy according to the terms of the Arizona Residential Landlord Tenant Code and any rental agreement or lease that may exist. Once the existing tenancy is terminated, you will be free to negotiate a new tenancy... Read more »

2 Answers | Asked in Bankruptcy for Arizona on
Q: Can creditors seize my bank account if my income is from Social Security?

Are there any pro bono attorneys for elderly people who have limited income. What does commingle funds mean?

Diane L. Drain
Diane L. Drain answered on Sep 10, 2020

No, unless you commingle funds - see 42 U,S,C Section 407(a) and SEC 207. I am happy to provide a free bankruptcy consultation for Arizona residents.

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was denied sick time because I need to be scheduled on the day I was sick. Is that right?

I requested a few days off for a minor surgery just over a month ago. It was denied because they say i have to be scheduled on the days I want off in order to get paid sick time. At the time I first requested the days the schedule wasn't made yet.

Joel Friedman
Joel Friedman answered on Sep 9, 2020

This is not a workers' compensation issue, it's related to your employment. You will need to find an attorney who accepts employment benefits cases and, in the meantime, you may want to ask your employer for a copy of any employee handbook or manual that has information about your leave... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Who can you file fraud upon the court in family court with? What court would handle this type of petition ?
Jay Hall
Jay Hall answered on Sep 8, 2020

Unfortunately it isn't clear what type of fraud you are alleging. Generally speaking, fraud claims need to be raised in the family court and within six months of the judgment or order procured by fraud. You may want to consult directly with a family lawyer to provide the additional context... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: What does this child support worksheet shall be controlling as to unreimbursed medical expenses mean?

my daughters father is to pay zero in child support. We just recently went to court and the worksheet says zero. I'm responsible for her insurance, im just not sure what that means. Before he was responsible for 50% of un covered medical. Does this now mean he's not responsible for that.

Jay Hall
Jay Hall answered on Sep 8, 2020

It likely means that the proportionate income assigned to both parents will control the division of those expenses, but you may want to review your decree with an attorney to be certain.

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