Arizona Questions & Answers by Practice Area
- Bankruptcy
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- Wrongful Death
Arizona Questions & Answers
Q: My kids dad lives in New York and I've been living in Arizona for 2years he hasn't seen the kids since... today he said
Regina Irene Edwards' answer
If the original custody order was New York, he has to file there. The court can then transfer to Arizona if they wish. You need to contact a New York attorney to discuss your case.
If the original custody order was New York, he has to file there. The court can then transfer to Arizona if they wish. You need to contact a New York attorney to discuss your case.
Q: Do we need to file extension or amendment.
Roger Carl Algase's answer
This looks like a USCIS mistake, but it would also be a good idea to check the extension petition papers over carefully as prepared by your employer or its attorney, in order to make sure that there was no typographical error at its end. If there was a USCIS mistake, calling the USCIS customer service line might help to resolve it.
This looks like a USCIS mistake, but it would also be a good idea to check the extension petition papers over carefully as prepared by your employer or its attorney, in order to make sure that there was no typographical error at its end. If there was a USCIS mistake, calling the USCIS customer service line might help to resolve it.
Q: I need some advice about using advance parole for a short visit home (non-emergency).
Kyndra Mulder's answer
I am going to assume you have a pending I-130/I-485 and that is the basis for your EAD. NO. DO NOT TRAVEL until you have received your conditional green card. You made the decision to enter the US on a non immigrant visa and remain to immigrate. You need to sit tight. If you leave, your application to adjust will be considered abandoned and you will need to refile through consulate processing in your home country. This is because of the brief overstay time.
Under the new administration...
I am going to assume you have a pending I-130/I-485 and that is the basis for your EAD. NO. DO NOT TRAVEL until you have received your conditional green card. You made the decision to enter the US on a non immigrant visa and remain to immigrate. You need to sit tight. If you leave, your application to adjust will be considered abandoned and you will need to refile through consulate processing in your home country. This is because of the brief overstay time.
Under the new administration...
Q: Can you use workers compensation benefit funds for any living expense?
Joel Friedman's answer
I am not sure of the question, and the short answer is that once you have been paid benefits for time loss from work - disability, there is no restriction on your use of the money. It is a substitute for your wages-salary
I am not sure of the question, and the short answer is that once you have been paid benefits for time loss from work - disability, there is no restriction on your use of the money. It is a substitute for your wages-salary
Q: I share 50/50 custody of my daughter and her mom told me to keep her. What is my next step?
Regina Irene Edwards' answer
If the two of you are in agreement, you can file a consent modification to your current order.
If the two of you are in agreement, you can file a consent modification to your current order.
Q: My question is simple my sister was killed when struck by a driver in Safford Arizona recently. Now her biological
John Leader's answer
We are very sorry for your loss.
In Arizona, here is who can file a wrongful death claim: the surviving spouse of a decedent, the surviving children of a decedent and a surviving parent or guardian of a decedent. Many wrongful death attorneys offer free case consultations. Your situation does sound complicated. It is advisable to reach out to a wrongful death attorney and have a consultation.
You can search for one on Justia.com and find one in Arizona. Please accept our...
We are very sorry for your loss.
In Arizona, here is who can file a wrongful death claim: the surviving spouse of a decedent, the surviving children of a decedent and a surviving parent or guardian of a decedent. Many wrongful death attorneys offer free case consultations. Your situation does sound complicated. It is advisable to reach out to a wrongful death attorney and have a consultation.
You can search for one on Justia.com and find one in Arizona. Please accept our...
Q: Never served for guardianship. Mom has it on my son now. What were the reasons.
Regina Irene Edwards' answer
You will need to get a copy of whatever paperwork exists regarding your child. No one can give you any advice until they know what is going on. You should obtain the paperwork, either from your mother, or from the courts, then consult with an attorney.
You will need to get a copy of whatever paperwork exists regarding your child. No one can give you any advice until they know what is going on. You should obtain the paperwork, either from your mother, or from the courts, then consult with an attorney.
Q: Is the grantor's or benificiary's employment identification number on an irrevocable trust?
Marcus N. Seiter's answer
Neither. An irrevocable trust should have its own tax ID number separate from the grantor and any beneficiary. When the irrevocable trust is set up, the trustee should apply for a federal tax ID on behalf of that trust. This can be done quickly online through the IRS website.
Neither. An irrevocable trust should have its own tax ID number separate from the grantor and any beneficiary. When the irrevocable trust is set up, the trustee should apply for a federal tax ID on behalf of that trust. This can be done quickly online through the IRS website.
Q: Can an Arizona judge give my exwife my entire GI Bill
Regina Irene Edwards' answer
Pursuant to federal law, Post 9/11 GI benefits are not marital property and not subject to division.
Pursuant to federal law, Post 9/11 GI benefits are not marital property and not subject to division.
Q: under trump--any problem renewing green card with past, successfully completed deferred prosecution (pled not guilty)
Kyndra Mulder's answer
It is possible for a case that has been granted deferred prosecution may be refiled at a later date. Whether this may happen in your case I can't tell you without knowing the case history.
It is possible for a case that has been granted deferred prosecution may be refiled at a later date. Whether this may happen in your case I can't tell you without knowing the case history.
Q: I filed chapter 7 and my creditor requested relief from automatic stay it was granted i filed 13 do I get a new stay
Mark Bredow's answer
The court's do not like having two separate bankruptcy cases open by a single debtor at one time. That said, filing a new chapter 13 case will impose a new automatic stay. Or, if you convert your existing Chapter 7 case to a Chapter 13 case, that would be a new order of relief and a new bankruptcy stay, should be in place.
The court's do not like having two separate bankruptcy cases open by a single debtor at one time. That said, filing a new chapter 13 case will impose a new automatic stay. Or, if you convert your existing Chapter 7 case to a Chapter 13 case, that would be a new order of relief and a new bankruptcy stay, should be in place.
Q: Is it illegal for someone to read your private text messages by snooping on your phone?
Glenn B. Manishin's answer
No, it's not illegal unless the mother hacked into the phone or used software to disable encyption.
No, it's not illegal unless the mother hacked into the phone or used software to disable encyption.
Q: What form do i use to file a "RESPONSE" for "PETITION TO ESTABLISH THIRD PARTY RIGHTS.
Regina Irene Edwards' answer
You can use the forms you have found, you need to add the additional parties. I would recommend hiring an attorney to assist you. If funds are an issue, you can try this low-cost firm. http://asualumnilawgroup.org/
You can use the forms you have found, you need to add the additional parties. I would recommend hiring an attorney to assist you. If funds are an issue, you can try this low-cost firm. http://asualumnilawgroup.org/
Q: My uncle in FL died leaving everything to his twin(my father) in his will. We live in AZ can we file probate here?
Dr Kenneth V Zichi J.D.'s answer
No -- you file probate in the state and county where the decedent lived immediately before his passing.
You should consider hiring a probate attorney in that jurisdiction to help insure you do things as quickly as possible though -- ultimately it costs less than bumbling through trying to DIY for most people!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to...
No -- you file probate in the state and county where the decedent lived immediately before his passing.
You should consider hiring a probate attorney in that jurisdiction to help insure you do things as quickly as possible though -- ultimately it costs less than bumbling through trying to DIY for most people!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to...
Q: what would i need to do to move out of state with my daughter when her father has nothing to do with her
Regina Irene Edwards' answer
If there is no parenting plan in place, you are free to move as you see fit. Especially if he does not exercise any parenting time.
If there is no parenting plan in place, you are free to move as you see fit. Especially if he does not exercise any parenting time.
Q: In Arizona, if you have a trust, is it necessary to put vehicles, boats, trailers into the name of a revocable trust?
Marcus N. Seiter's answer
The answer to your question depends largely on a couple of things: 1) what are your estate planning goals? and 2) how much are those assets worth? Goals: if your goal is to avoid probate, the short answer is to transfer these assets into the trust. But, as with most legal questions, there are usually exceptions. Asset value: One exception might be, if your vehicles, boat, and trailer are not worth much, than it might not be necessary to put them into the name of the trust. Currently, in...
The answer to your question depends largely on a couple of things: 1) what are your estate planning goals? and 2) how much are those assets worth? Goals: if your goal is to avoid probate, the short answer is to transfer these assets into the trust. But, as with most legal questions, there are usually exceptions. Asset value: One exception might be, if your vehicles, boat, and trailer are not worth much, than it might not be necessary to put them into the name of the trust. Currently, in...
Q: When considering division of assets/debts, what do you do if one person refuses to acknowledge some of the shared debts?
Regina Irene Edwards' answer
Your divorce agreement should clearly define what equity is. If it doesn't and the solar costs aren't directly tied to the home, then you may have an issue including that in the equity calculation.
Your divorce agreement should clearly define what equity is. If it doesn't and the solar costs aren't directly tied to the home, then you may have an issue including that in the equity calculation.
Q: I have been with my husband for 23 years married for 7 , his mother passed and put property in a family tr the successor
Regina Irene Edwards' answer
The inheritance your husband received is his separate property, and is not marital property that you would have access to or be entitled to receive upon divorce.
The inheritance your husband received is his separate property, and is not marital property that you would have access to or be entitled to receive upon divorce.
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