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Arizona Questions & Answers
1 Answer | Asked in Immigration Law for Arizona on
Q: after filing the us citizenship application I can move to a different state?

I am planning to file the application this month, there may be a good chance I may be moving the state middle of next year

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 6, 2021

You may file now and then change the address but chances are you may naturalize before you move next year.

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Can the courts levy bank account without any notice or warning? Because that’s what they did. $10,000

$20,000 is owed in back child support. The child died two years ago. Today there is levy on bank account and didn’t give a warning or notice or a chance to make a payment.

Mike Branum
Mike Branum answered on Oct 6, 2021

Absolutely. If they provided notice or warning, the funds could be moved. If you have a child support debt, there are numerous ways the State can recover those funds. Draining a bank account is just one.

1 Answer | Asked in Workers' Compensation for Arizona on
Q: What is the penalty, if any, in AZ for failure to abide by a judicially approved stipulation in a work comp case?

The insurance company stipulated in writing to provide among many other things, an electric cart to a disabled employee as part of a settlement that included an award for future medical support care. The stipulations were approved by the Industrial Commission. Now, three years later the insurance... Read more »

Joel Friedman
Joel Friedman answered on Oct 3, 2021

Thank you for your inquiry. There is no automatic right to the same medical benefits permanently and there is no automatic penalty. if benefits are being denied the first option is to request a hearing investigation under ARS 23 1061J. The industrial commission will send a notice to the insurance... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Arizona on
Q: A deed to a house was divided by the two owners. If one of them dies and can the new owner claim possession?

My father and his wife own a home. They do not have children together, he has 2 from a previous marriage. His kids have the house deed to his half, and one of her nephews has the house deed to her half. If the wife dies before my father, can her nephew claim possession to his half while my father... Read more »

Mike Branum
Mike Branum answered on Sep 30, 2021

The answer will depend on whether the deed created a tenancy in common, a joint tenancy, or a joint tenancy with right to survivorship. You should obtain a copy of the deed which transferred the interests and consult with a real estate attorney to determine what rights each party holds.

1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Q: Can a parent who receives child support, ever end up paying child support if his or her income increases?
Stephen M Vincent
Stephen M Vincent answered on Sep 29, 2021

Yes, it all just depends on how the calculation comes out.

1 Answer | Asked in Child Custody for Arizona on
Q: Does a spouse (lesbian marriage) that is separated from her wife have rights to the child born out of wedlock?
Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

No as to parental rights. Parental rights are only available to wives of bio mom if the child was born during the marriage or if the wife adopted the child.

But she may have a claim for third-party rights. That would be worth discussing with an attorney to see what options may exists there.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: With an OOP in place for me and my daughter, do I have a case to file for full custody?

I have an OOP in place against my daughters father for me and my daughter (3yrs old). It was granted due to him attempting to rape me (with daughter present, 1yr old at the time), sexually assaulting me and sexually harassing me on various occasions as well as drug use while my daughter was in his... Read more »

Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

That certainly is a case for full custody. If he's on drugs and tests positive, then it's an easy. A case involving sexual misconduct is sadly much more difficult because the evidence usually isn't as clear. I would recommend consulting with an attorney and discussing your evidence... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex and I have 50/50 custody. He told me via text that he's moving out of state. Does that count as written notice?
Stephen M Vincent
Stephen M Vincent answered on Sep 28, 2021

No. The notice needs to be sent via certified mail, return receipt requested, under A.R.S. 25-408(B).

I'm going to quote A.R.S. 25-408(A)-(E) here for your information:

A. If by written agreement or court order both parents are entitled to joint legal decision-making or...
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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Mike Branum
Mike Branum answered on Sep 24, 2021

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »

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2 Answers | Asked in Estate Planning for Arizona on
Q: With a trust is the trustor sappose to intial every page, then the signature w/ notary on last page?
Andre L. Pennington
Andre L. Pennington answered on Sep 23, 2021

While it can be done like this, it is not uncommon to see Trusts that do not have initials on every page.

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1 Answer | Asked in Family Law, Legal Malpractice and Contracts for Arizona on
Q: Hello, My question is, is it legal for a family member or anyone else to become an gaurdian without the person being

Without the person knowing? For some reason I couldn't finish my question.

Thank you

Mike Branum
Mike Branum answered on Sep 21, 2021

In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.

1 Answer | Asked in Social Security for Arizona on
Q: IF I AM SUED CAN THE TAKE MY social security
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 20, 2021

Your Social Security benefits can only be garnished for unpaid Federal taxes, delinquent non-tax debts owed to other federal agencies, unpaid child support and alimony, and any court ordered victims restitution. Social Security benefits are protected from garnishment when it comes to private debt ,... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona, how long can someone be incarcerated in county jail without formally being charged with a set of charges ?

My fiance' was out on pretrial services as well as on probation and was arrested for alleged crimes for which he has not yet been charged officially. The prior charges he was out on pretrial for, yes, and there WAS a probation revocation hearing set but has not been had yet. It seems as though... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Sep 20, 2021

Within 24 hours of arrest, he was supposed to see a judge to determine release conditions. From what you are saying this sounds like a probation hold. The probation officer has a lot of descretion and even if there not a new charge if the PO has a reason to believe probation has been violated,... Read more »

1 Answer | Asked in Copyright for Arizona on
Q: Can i legally paint a licensed cartoon character along with his signature phrase on a fence that the public can see?

The character is owned by Warner Bros.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2021

Very likely not.

Consult with an attorney.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 17, 2021

I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the...
Read more »

3 Answers | Asked in Bankruptcy for Arizona on
Q: can a debt collector find out were my checking and savings acct is located in another state from were i was served,

i was served in a suit for a debt collection by a debt collector , the suit is for $6000, can i close a savings acct in another state from were i was served ,

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 16, 2021

Assuming that the creditor has not yet taken a judgment against you and issued a writ of garnishment, yes, you are free to do what you like with your assets.

You should be aware, however, that if a judgment or judgments are at some point entered against you, the creditor may have an...
Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested for shoplifting on 9/14/2021. I have a court date of 9/30. I want to get it expunged from my record.

I know I need a lawyer to represent me. What does the lawyer do on their part to do this. Why do I need a lawyer to do this. What do they do to get this to go through? It is my first offense. The shoplifting cost I took was $130.00.

Mike Branum
Mike Branum answered on Sep 16, 2021

Arizona does not expunge criminal records (with the exception of marijuana possession charges and that has occurred in the last year). The arrest will be with you forever. You may be able to negotiate a deferred entry of judgment. Deferred entry would mean that if you stay out of trouble (usually... Read more »

1 Answer | Asked in Probate for Arizona on
Q: Can you stay inside a house that is going through probate in Mohave county AZ?

My wife grandmother pasted away few days ago and we are looking to move inside her house but don’t want to make a mistake. My wife has a Will from her grandmother which state she is leaving the house to us. We are planning to start the probate process within the next 30 days.

Ilene L McCauley
Ilene L McCauley answered on Sep 14, 2021

I am so sorry for your loss.

A Last Will only has authority after the Last Will is admitted into probate and a Personal Representative is appointed. Find an attorney in Mohave County to help you . After the Last Will is admitted and the Personal Representative is appointed, the attorney...
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2 Answers | Asked in Immigration Law for Arizona on
Q: my dad was approved for family reunion with me. He came to US with I-94 without interview. How can we continue our case?

I applied for family reunion with my dad while he stayed in Mexico as a tourist. He was approved for reunion and USCIS sent us to NVC. We submitted all the required documentation and NVC received them and tried to schedule an appointment for us in US Embassy of Juarez, Mexico. However, US embassy... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

A case review is required for your submission. If you father was paroled into the United States there may be a possibility to adjust his status without Consular Processing. But that legal analysis can be determined only after a full case review.

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2 Answers | Asked in Probate for Arizona on
Q: My mother passed away this year in Maricopa county. Her house has about $144k in equity and I want to buy out 2 brothers

I am the personal rep of her estate. Will I need to do Deed of Distribution and quitclaim deeds for the two brothers? Also, one is in jail so what happens to his part of the buyout and how do I get those forms signed?

Ryan K Hodges
Ryan K Hodges answered on Sep 13, 2021

The buyout can take various forms. The most straightforward version is to buy it from the estate for fair market value. The estate would then later split the money when the time comes.

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