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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Should I file contempt of court? Will it hurt my case?

We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

Don't text him directly if it violates a court order.

Absent hiring an attorney to communicate with him as Mr. Peters suggested, you might want to file a Request for Mediation and make sure you have checked off that requirement before going for contempt.

Be keeping a record of...
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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Should I file contempt of court? Will it hurt my case?

We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More

Rich J. Peters
Rich J. Peters
answered on Dec 4, 2024

Perhaps a strongly worded letter from an experienced attorney would encourage him to be more communicative.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour...
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1 Answer | Asked in Probate for Arizona on
Q: Father died and left no legal will. One heir wants to use Legal Shield and the other wants a probate attorney. Thoughts?

Death occurred in Phoenix, estate is in Glendale, AZ. Deceased did not have an end of life plan established and no legal will or transfer at death deed was created. One sibling was POA when he was alive and no Executor has been identified and no inventory of assets has been done.

Anthony M. Avery
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answered on Dec 2, 2024

Any of the heirs can file for an intestate administration. But are there assets that need probate? Consult with an AZ attorney for direction. Many assets do not go through an estate. Any transaction with the attorney in fact should be scrutinized for violation of a fiduciary duty and/or... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: how I have a warrant out for my arrest for disorderly conduct and I never went to jaiI nor received any citations
Zalman  Sapad
Zalman Sapad
answered on Nov 27, 2024

For a misdemeanor disorderly conduct charge, the State has several avenues to bring charges against you. One is through personal service via a citation and a release from arrest. The other is through detention, arrest, and a probable cause finding in front of a judge in jail. The 3rd avenue, in... View More

1 Answer | Asked in Employment Law for Arizona on
Q: My job, im working two different departments and the other department gets paid more than i, is this legal?
Joel Friedman
Joel Friedman
answered on Nov 24, 2024

This is not a workers' compensation case. It seems you are being paid at the lower rate for one of the two departments where you are assigned, even for work you do in the department in which other employees are being paid a higher rate. That is an employment law question and I would suggest... View More

1 Answer | Asked in Car Accidents for Arizona on
Q: If a driver has an at-fault auto accident causing damages/injuries, is a person with POA over that driver, liable?

We're trying to decide if it's time to take the keys from my 94-year-old father-in-law. His car has auto brake and notifies him if he wanders out of his lane. But, his mind is not the sharpest.

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. In general, a POA would give you authority to handle certain activities (banking, administration, etc.) for your father-in-law, as outlined in the POA. In most cases, that should not lead to liability. One would... View More

1 Answer | Asked in Banking, Consumer Law, Foreclosure and Real Estate Law for Arizona on
Q: A person makes a Mortgage pymt, the financial institution accepts and confirms, then puts pymt back in bank acct refuses

I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More

1 Answer | Asked in Personal Injury, Environmental and Landlord - Tenant for Arizona on
Q: If rental is uninhabitable and I was forced to leave do I need to give a prior notice? Landlord knows it's uninhabitable

Mold was making my family ill so we moved ourselves to a hotel in hopes the landlord would remedy it properly. That didn't happen and was made worse by exposing asbestos in dry walls. We found a new place but don't feel it necessary to give a 30 day or even 2 day heads up since they fully... View More

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More

2 Answers | Asked in Probate for Arizona on
Q: Should I wait until I'm officially her Personal Representative to notify her creditors of her death, or start now?

My sister died recently with a lot of debt, including a trailer that may be condemned. Since becoming a PR in Arizona takes time, I want to know if I must wait to notify her creditors until it's official. My concern is that interest and late fees will increase her estate's debt.

Peter H. Westby
Peter H. Westby
answered on Nov 12, 2024

You may notify creditors of your sister's death now and ask them to close accounts, etc. But you will still need to publish a notice to creditors when the probate is opened. I recommend that you consult with a probate attorney before you take any action. From the information you provided,... View More

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1 Answer | Asked in Real Estate Law for Arizona on
Q: If mom left me her home and the mortgage is in grandma's name can I be forced to sell?

Tennant with rights of survivorship is what the deed states gma is co borrower for the mortgage she's wanting off the loan and I don't qualify is there anything I can do to prevent her from selling my home also am I subject to an inheritance tax?

Peter H. Westby
Peter H. Westby
answered on Nov 12, 2024

As I understand your question; you state that your mom and you owned a home as joint tenants with right of survivorship. You inherited the home from mom. Grandmother is obligated on the house mortgage and wants to be relieved of this responsibility. She wants to sell the home and have the... View More

1 Answer | Asked in Probate for Arizona on
Q: Can I file in Pima County to become her Personal Representative if my sister died in Maricopa County?

My sister died in Glendale on recently. She did not have a will. She does not have many assets, but she does have a fair amount of debt, including owing on a mobile home and lot where the trailer may be condemned (she was a hoarder and the trailer is in very bad condition).

Our mother is... View More

Nina Whitehurst
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answered on Nov 12, 2024

You need to file in the county in which your sister resided immediately prior to her death. If she lived in Pima County and then just happened to die while visiting Maricopa County then you could file in Pima County. But if she lived in Maricopa County when she died then you do need to file in... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: I had to let a few of my credit cards go, would it be best to form an LLC to protect my assets?
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Nov 3, 2024

It would provide no benefit at all. In fact, trying to move your assets when in this type of situation is likely to be considered a fraudulent conveyance. In Arizona, those laws can apply both civil and criminal penalties. There are also fraudulent conveyance statutes under the bankruptcy laws.... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arizona on
Q: If i am 17 yrs old and my bf is 20 yrs old and my mom calls the cops on him will he get in trouble.

We have been dating since i was 16 and he was 19

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

If you both are sexually active, yes, your boyfriend could be arrested charged with statutory rape under Arizona law because it seems like he is 24 months older than you.

Unfortunately, there is no defense available for him because your boyfriend more than 24 months older than you.

1 Answer | Asked in Criminal Law for Arizona on
Q: I got a trespass charge from Walmart, but I received permission from the manager that I could return. Can it be dropped?

Walmart falsely accused me accused of stealing and wanted me off the property. I went to court and gotten the shoplifting charge dismissed and received permission to come back. But this one employee must didn’t get the memo and called the police. But as stated before I received permission to... View More

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

It is a defense to trespassing charges that you had permission to be on the premises--if you have proof in the form of texts or a letter that should be sufficient to get the charges dropped.

For the future, you have to go through Walmart corporate process to get written confirmation from...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: If I have a DUI in Michigan and move to Arizona will the dui follow? I know Michigan does not participate in the NDR

I lived in Arizona before I had gotten the DUI in Michigan and I believe the license in Arizona is still valid

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

Best way to confirm whether or not Arizona Department of Transportation knows about your Michigan DUI is to call them and ask. You can also easily check the status of your Arizona driver license/driving privilege at AZMVDNOW.gov.

The DUI may not follow you in the sense of having license...
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2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: My son (20 years old) was arrested for slapping his roommate after they got into it about his friend using a racial slur

He was arrested on the spot and told he could not return to his apartment that is on the ASU campus. I just want to know his rights and if he should get a public defender.

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

While I do not have a copy of your son's lease agreement or the trespass notice in front of me, these documents can be controlling as to whether or not he still has access to his apartment.

Primarily he needs to get in touch with the management to find out if they will enforce the...
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1 Answer | Asked in Education Law and Small Claims for Arizona on
Q: I believe I have a "Fraudulent misrepresentation" law suit. My school lied to me about a title I was suppose to receive.

I have an email from 2023 with pre-enrollment clarifications & information I wanted to get before officially making such a large educational decision. The online course said I would earn a "Master Health and Nutrition Coach" title once I completed all the said courses (6 in total)... View More

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

An Arizona attorney who works with education law matters could advise best, but your question remains open for three weeks. From a general civil litigation standpoint, it looks like it has the makings of a costly endeavor if a law firm were to charge hourly for their services. This doesn't... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was on an adult only website and came across a minor. What do I do?

I skipped but am unsure if I should do anything else. There’s not a report button either. Do I need to verify people are over 18 on this site?

Jerald Schreck
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Jerald Schreck
answered on Oct 17, 2024

This is a fairly common situation people run into in the internet age. Sometimes it is an actual minor on an adult web site, other times is a fraudster attempting to extort money from site visitors and frequently it is a police officer posing as a minor working on an undercover task force. As a... View More

1 Answer | Asked in Family Law for Arizona on
Q: My son recently turned 18 and is a high school senior. My ex-wife is won't provide transportation for him to my house.

He has a car but since she gave him 75% of the cost for his care and told him that she would most likely sell his car if he chose to live with me. The divorce decree states that he follows a 5-2-2-5 parenting time schedule. Is she required to follow the decree on parenting time while he is in high... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

The law is not entirely clear on this. A child is not emancipated for SUPPORT purposes until they are 18 and have graduated high school. If they don't graduate high school, they emancipate when they turn 19.

However, that does not mean that's the law for custody....
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1 Answer | Asked in Animal / Dog Law, Child Custody and Family Law for Arizona on
Q: Can my nieces CAA court order my dog to be taken away from me based on a lie of saying he is her emotional support dog?

My brother is going through a custody battle in which temporary orders were given for my nieces to live with their mom. A CAA was brought in and my niece told her that she misses her dog and that she uses her dog as an emotional support animal. The dog in questions was a Christmas gift for the... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

I am probably too late on this ...

Most likely, the family court does not have jurisdiction over your dog.

The family court only has jurisdiction over dogs in divorces and only when the dog was acquired during the marriage and is the property of one or both of the spouses. In that...
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