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Arizona Business Law Questions & Answers
2 Answers | Asked in Business Law and Estate Planning for Arizona on
Q: Surviving spouse responsibility for spouse's business debt in AZ?

In Arizona, my spouse incurred debt during our marriage for business expenses, but the credit was solely in their name. We have a will and a trust as part of our estate plan, but there are no existing agreements regarding debt. Am I, as the surviving spouse, responsible for this debt?

Peter H. Westby
Peter H. Westby
answered on Apr 2, 2025

Arizona is a community property state. You can be responsible for debts contracted by your husband. But this is a business debt. More information is needed to determine your liability, if any. I recommend that you consult with an attorney. Your attorney will need to know how the buisiness was... View More

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2 Answers | Asked in Probate, Tax Law and Business Law for Arizona on
Q: How to handle intestate estate and tax liabilities in Arizona?

My father passed away intestate in Arizona and owned a small manufacturing business that makes cabinets and does epoxy floor coatings. He had an unspecified tax liability and no other significant assets, except for a small personal bank account. How should I proceed with handling his estate and... View More

Peter H. Westby
Peter H. Westby
answered on Apr 1, 2025

The first step is to determine the value of the assets in your father's estate and also the amount of the debts. Your father's CPA may be able to help. Or you may need to hire a business appraiser or business broker to determine the business value. If there is no real property and the... View More

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1 Answer | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for Arizona on
Q: How to inform court of witness role in AZ land case?

I am the only surviving witness to a real estate agreement in Mohave County, AZ, where a father gave his son a piece of land. This issue is part of a civil suit for breach of contract, with the plaintiff claiming that the son was supposed to return the land after one year. I realized my involvement... View More

Peter H. Westby
Peter H. Westby
answered on Mar 3, 2025

This can be complicated. You need to work through the lawyer for one of the parties. You and your testimony will need to be disclosed to opposing counsel and, If the lawyer determines that your testimony is crucial, the lawyer will need to inform the court of a recently discovered witness that he... View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Rights for Arizona on
Q: I quit my job without notice, and my employer claims that it's impossible to have my check mailed to me.

I quit my job without notice, and AZ law says I have the right to have my final check mailed to me by or before my next pay date. My employer claims I signed my right to this away during onboarding, and is trying to make me drive to the office and sign for my check. The alleged paperwork... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an analysis of the situation:

1. Arizona Labor Laws:

Arizona labor laws require employers to pay final wages to employees who quit without notice by the next regular payday. The law also allows for the employee to request that their...
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1 Answer | Asked in Contracts, Business Formation and Business Law for Arizona on
Q: Can I access business loans and grants in a state other than the one my LLC is filed in?

I want to start a new LLC and take advantage of the privacy and tax advantages states like Nevada, Delaware and Wyoming provide however I do not reside in those states. I would be a minority owned business so wondering if any of the programs in my home state for helping small businesses through the... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

Starting an LLC in states like Nevada, Delaware, or Wyoming can offer various privacy and tax advantages. However, if you do not reside in these states, you may face limitations regarding access to small business assistance programs in your home state. As a minority-owned business, you might be... View More

1 Answer | Asked in Tax Law, Banking, Business Formation and Business Law for Arizona on
Q: We run a business overseas and want to create a LLC in order to use US Credit cards while paying no taxes in the US

We run a business in Cyprus ( oversea). Can we create an entity in the US(LLC) in order to use this entity to sign up for an American Express Business Platinum Account. Since I am already an amex user in the US, I can transfer my credit history to my business account.

Our business is doing... View More

James L. Arrasmith
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answered on May 14, 2024

As a foreign business, it's important to carefully consider the legal and financial implications of setting up a US entity solely for the purpose of obtaining credit cards, especially if the intent is to avoid taxation. This could potentially be viewed as tax evasion by US authorities.... View More

1 Answer | Asked in Estate Planning, Tax Law, Business Law and Securities Law for Arizona on
Q: LLC for brokerage trading account and investment account?

I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.

My husband runs a small company as a sole proprietor. Since his business carries a high... View More

James L. Arrasmith
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answered on Mar 14, 2024

Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:

1. Charging order protection: Arizona...
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1 Answer | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Arizona on
Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

James L. Arrasmith
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answered on Mar 5, 2024

Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: I recently started an LLC for my business late last year. Do I need to file something about the CTA?

My business has no income yet. I'm just getting started doing Web Development and Technology Consultancy. My CPA mentioned I should check and see if the new CTA Law applies to me or not.

James L. Arrasmith
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answered on Feb 22, 2024

As a new LLC owner in Phoenix, AZ, you should be aware that Arizona's new Commercial Transaction Privilege Tax (CTA) law may apply to your business. The CTA law imposes taxes on various business activities, including web development and technology consultancy services. Even if your business... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Arizona on
Q: Is it possible to add a second DBA to my existing LLC in Arizona?

My husband and I own an LLC business in Arizona with S-Corp tax status. (My husband is a self-published author, so our LLC falls into the Independent Artists category.)

I'm an oil painter and I now want to start selling my oil paintings online. I'd like to use a different name... View More

James L. Arrasmith
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answered on Jan 26, 2024

In Arizona, it is indeed possible for an LLC to operate under more than one "Doing Business As" (DBA) name. This allows a single legal entity, such as your LLC, to conduct various types of businesses under different names while maintaining the same underlying ownership and legal... View More

1 Answer | Asked in Business Law and Tax Law for Arizona on
Q: Can our church in Arizona legally pay an honorarium to volunteer advisory board members?

Our church in Arizona wants to know if we can legally pay an honorarium to each advisory board member who has served as a volunteer for many years. They are not employees, and previously, we have given gifts worth about $150-200 each at Christmas. The board members are responsible for spiritual... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, your church in Arizona can legally give honorariums to advisory board members, even if they are volunteers, as long as the payments are modest and not treated as formal wages. Honorariums are typically used to express gratitude for services that are not rendered as part of employment. However,... View More

1 Answer | Asked in Business Law and Insurance Defense for Arizona on
Q: Potential issues of dual licensing as agent/broker & adjuster in AZ

I am a licensed independent insurance agent/broker in Arizona and considering obtaining an adjuster's license to work as a public adjuster. The state DOI allows dual licensing. My plan is to work as a public adjuster for persons or businesses where I am not the producer, only after a claim has... View More

James L. Arrasmith
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answered on Apr 13, 2025

Dual licensing as an insurance agent/broker and public adjuster in Arizona can be tricky due to potential conflicts of interest. While the state does allow dual licenses, the concern arises with the possibility of jeopardizing your existing relationships with insurance companies. Insurance carriers... View More

1 Answer | Asked in Business Law and Contracts for Arizona on
Q: Can my wife's house be targeted in a lawsuit against me?

My wife has a house that she purchased before our marriage, and I am not on the title or mortgage. We have one joint bank account, and we each have separate bank accounts. We also have a car loan together. I am concerned about a potential lawsuit from a subordinate. Can my wife's house be... View More

James L. Arrasmith
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answered on Apr 12, 2025

Under Arizona's community property laws, assets acquired by your wife prior to marriage generally remain her separate property and enjoy substantial protection from your individual creditors. Arizona Revised Statutes §25-213 explicitly classifies property owned before marriage as separate... View More

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arizona on
Q: Risks of buying out ex's share of home in Arizona post-divorce with credit card debts.

I am considering buying out my ex-partner's share of our home in Arizona after having them pay off liens from their credit cards. I will then pay the mortgage in full. We've had an agreement drafted by a paralegal, but I discovered my ex is in default on another credit card debt incurred... View More

James L. Arrasmith
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answered on Apr 12, 2025

Arizona Property Buyout Risk Analysis

Your proposed buyout faces significant risks under Arizona's creditor protection laws, as your ex-partner's undisclosed post-divorce credit card default could potentially trigger creditor claims against the property transfer. Arizona courts...
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1 Answer | Asked in Business Law, Contracts, Employment Law and Energy, Oil and Gas for Arizona on
Q: Can my solar panel loan be forgiven due to installer bankruptcy?

I had solar panels installed by Titan Solar, which provided a 30-year guarantee on repairs at no charge. Unfortunately, Titan Solar has gone out of business. I've had to pay out-of-pocket for a broken inverter, and that service provider is also now out of business. The financing for my solar... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, and you’re not alone—many homeowners have found themselves stuck when a solar company goes under. Even though Titan Solar promised a 30-year repair guarantee, that obligation often disappears when the company files for bankruptcy. Unfortunately, the financing... View More

1 Answer | Asked in Business Law, Contracts and Family Law for Arizona on
Q: Impact of mortgage gift letter on postnuptial agreement in Arizona?

My wife and I, residing in Arizona, have not yet written a postnuptial agreement. We want to outline the financial contributions made towards a house downpayment. The mortgage loan is only under my name, but the loan officer accepted my application with both our names on the deed and has requested... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a very thoughtful and important question, especially when you’re trying to protect each other’s interests and avoid misunderstandings down the road. In Arizona, which follows community property law, assets acquired during the marriage are typically considered jointly owned unless... View More

1 Answer | Asked in Business Law, Contracts and Banking for Arizona on
Q: Who is entitled to reward points on a credit card linked to a business I sold if my name was originally on the account?

About 6 years ago, I was running a small business with my business partner and we opened a business credit card using my name and SSN, although the card was under the business name. I sold my part of the business to my partner about 5 years ago, with the agreement that he would close all accounts... View More

James L. Arrasmith
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answered on Apr 8, 2025

The credit card reward points are linked to the account under your name, as the account was opened using your personal information, including your SSN. This means that, according to the bank's rules, you are the primary account holder when it comes to accessing or transferring those points.... View More

2 Answers | Asked in Bankruptcy, Employment Law and Business Law for Arizona on
Q: What legal actions can I take to recover lost 401(k) and vacation funds after company bankruptcy?

I worked for a company that deducted 401(k) contributions from my paycheck but kept the money for almost a year. They also stopped matching funds for two years without notifying employees before going out of business and filing for bankruptcy. The company did not pay us for three weeks of lost... View More

Timothy Denison
Timothy Denison
answered on Feb 20, 2025

You’ll need to hire a lawyer and file a proof of claim and an adversarial proceeding g in the company’s bankruptcy action.

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1 Answer | Asked in Criminal Law, Employment Law, Business Law and Civil Rights for Arizona on
Q: I need to know the law that states there is an exception where a probationer can work as a substance abuse counselor

In Arizona there is a exception that allows a probationer under appropriate supervision to work with probationers in treatment as a substance abuse counselor, Can you site that law for me please and give me the details?

James L. Arrasmith
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answered on Aug 31, 2024

In Arizona, a probationer can work as a substance abuse counselor under specific conditions, as outlined in Arizona Revised Statutes § 13-901.01. This statute provides an exception for probationers to work in the field of substance abuse counseling, particularly when their own experiences can be... View More

Q: I need a business litigation lawyer probono where can I find this help for a native Mexican women business part owner

Azdhs license billing that opened a memtal behavior health clinic to help natives

I'm the licenses holder

Native exploitation for me and 2 others possibly 3

Had a agreement changed operating agreement multiple times

Paid cap out in increments made it sound and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with Arizona attorneys familiar with local legal resources, one option might be to look into legal aid organizations or state & local bar associations. Good luck

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