Arizona Recent Legal Answers from Lawyers

The Maricopa County Volunteer Lawyer's Program 602-258-3434 provides volunteer representation in a limited number of cases. A program called FLAP operates at each Maricopa County Superior Courthouse.  Call (602) 506-7948.  There may be a fee for a consult. The Modest Means Project is at 866-637-5341.   Hourly fee is $75.00. These programs may not be able to provide representation, but they may be able to schedule you in time for advice on how to present your case.   My firm charges a modest fee for an initial consult, as do many law firms.   Zawtocki Law Offices, PLLC      ... Read Answer

It is important that your QDRO is prepared and processed correctly.  The professionals that prepare these charge an initial fee of approximately $800 to $1300.00.  Their price depends on how complicated the order is.  The cost is typically shared equally by the two spouses. Parties will prepare and process these themselves at minimal cost directly through the financial insitute that holds the account.  But, if an error is made in the preparation or processing, you may lose out on funds you were entitled to. My firm does not prepare these directly.  If you need a referral, please call. Zawtocki Law Offices, PLLC        ... Read Answer

I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not fighting it. Instead, you are on the right track in educating yourself about options to deal with your financial situation. Addressing your current financial issues, including possible bankruptcy planning, is often like a Rubic's cube where many competing issues must be solved simultaneously. Issues such as: asset protection (protecting your basic necessities), creditor protection (not running up credit cards before filing), estate planning (inheritance), tax consequences, real estate (pending foreclosure) and your future (survival after bankruptcy).... Read Answer

Who knows what the Trump administration will try next? However, that being said, your situation under current law should not preclude you from having your green card renewed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read Answer

So sorry to hear about your son. The consideration to be given to filing a civil action against the perpetrators of such criminal action is whether after spending the time and money in bringing a civil action and taking it to a judgment, which can be an expensive proposition, the defendants can satisfy the judgment or are they judgment-proof, i.e., without assets to satisfy a judgment. Without assets to satisfy the judgment, time and money are spent without any recovery. So an asset search would be a recommended first step in making the decision to sue, and, one must pay attention to any statute of limitiations on bringing the action to ensure that it is not barred by too much time going by before filing suit. We are unable to provide legal advice until such time as we have a signed engagement letter with our clients, but hopefully the foregoing is helpful. Thank you, Franklin D. Dodge,Esq.... Read Answer

On the facts presented,it appears that the title to the property continues in the person who is renting the house to you, unless you are aware that he may have sold the home to someone else either before or since you have been living in the house and paying rent; until paid off, the mortgage lien remains an encumbrance on the property. If he still holds title, he will not lose that title to the mortgage company until such time as the trustee's foreclosure sale takes place. If the mortgage company is the successful bidder at the trustee's sale with a credit bid of its debt, then it will receive a trustee's deed putting it in title to the property, otherwise, whoever is the successful bidder will take title and seek to have you removed, if that is their decision. We are unable to render legal advice on this matter until such time as we are retained pursuant to an engagement letter. Hopefully, the foregoing has been helpful. Thanks you. Franklin D. Dodge, Esq.  ... Read Answer

You mention that you're dealing with a trustee. Is it a bankruptcy trustee or a trustee who has conducted a trustee's sale on a foreclosed property? We have dealt with both situations, but they are completely different. Excess funds in a bankruptcy would generally go toward the homeowner's exemption after all secured liens were paid on the owner's homestead up to $150,000, and then if there are still excess funds, to pay allowed claims of unsecured creditors. In the foreclosure, after all valid liens are paid off, the excess generally goes to the property owner. The trustee should be able to provide you with an accounting of what was paid, how it was applied and what if any excess funds remain. We are not able to render legal advice unless and until such time as we are engaged pursuant to an engagement letter after a conflcit check has been conducted. Hope that this is of some assistance. Thank you. ... Read Answer

It would be necessary to review the document that contains the non-compete provision as there are many variations parties use. And, if the stylist was not a party to the agreement that contains the non-compete or subject to a separate agreement with such a provision, it may be difficult to establish a cause of action on such grounds. Also, there are two parts to the cause of action; first, you must establish liabilty, e.g. for breaching the non-compete agreement, and, second, you must prove damages caused to you by such breach. So, it's not as simple as picking an amount such as the $25,000 you have mentioned. Our firm has handled these types of cases and often the most difficult aspect of the case is proving what are the actual damages. Lastly, you don't want to get invovled in litigation that could cost you more than the amount in controversy; Arizona law does permit the court in its discretion to award attorneys' fees to the prevailing party and against the losing party. For the foregoing reasons, it is often recommended to try to resolve the dispute through mediation and/or arbitration, but that requires the consent of the parties. Hope this helps. We are not able to render legal advice unless and until we actually engaged by the client pursuant to an engagement letter. Thank you.... Read Answer

As personal representative, you have the ability to transfer probate property of the person who died.  Probate property is only that property that was owned solely by that person (no joint owner or not owned by a trust) and did not have a beneficiary or pay-on-death designation to another person.  If the real estate subject to the mortgage was owned solely by the person who died, it is probate property.  If the person left no Will, the law of intestacy applies.  Assets go to a surviving spouse, children, parents, siblings, nieces and nephews, etc. depending on the closest relatives that survived that person.  Nolo.com has a good summary of Arizona intestacy law.  It then is your responsibility to execute a deed for the real estate to those who are entitled to it under the law of intestacy.  This person or persons takes the real estate subject to the mortgage.  The mortgage agreement may require that the loan be paid in full upon tranfer of ownership, but, in most cases, there is an exception for property inherited by relative if the payments are kept up.  You have the authority to request the mortgage document as the personal representative, and to negotiate with the bank on behalf of the estate.  If the estate has any funds, it should keep current with the mortgage payments as well as other expenses for the real estate, such as insurance.  I don't know all of the details of this situation, but it sounds like you need to determine who is entitled to this property and then arrange for a professional to draft a deed for it.  Also keep in mind that there is a creditor period for estate when any creditors can come forward to present claims, so you may not want to transfer this real estate if the creditor period has not ended.  In most states, the creditor period is four months starting when the personal representative is appointed.   ... Read Answer

Simple answers are rare in the law, but I can give you some information that may help.  Wills only apply to probate property, which is property owned solely by someone who has died (the decedent) with no named beneficiary or pay-on-death designation.  These type of assets require some sort of probate process to transfer.  To transfer, you must be appointed personal representative of the estate, which is done by filing an application with the probate court for the region where the decedent lived.  If the decedent's probate assets are worth less than $75,000 and there is no real estate, you can use a small estate affidavit to transfer them rather than probate appointment.  You can be appointed personal representative of the decedent's estate without the Will.  On the court form, you could indicate that you have been unable to find the Will.  You also could incllude information on this person you believe has a Will.  Either way, you would get appointed as your parents' heirs.  You then would have the legal authority to pay estate bills and then distribute the remaining assets in accordance with either the Will (if the person comes forward and files it) or with the laws of intestacy.  The laws of intestacy provide that assets go to children if there is no surviving spouse.  If you have a deceased sibling who left children, those children are entitled to their parent's intestate share.  Again, the laws of intestacy only apply to probate assets.  ... Read Answer

This situation could present problems and so is not recommended. A consular officer upon your notice that you actually wish to work for employer number two would likely tell you that you should wait until the H-1B for the second employer is approved before requesting the H-1B visa to be put in the passport. On the other hand, if you do not inform the consular officer of your plans and are given the visa and do not work for the first employer when you return to the States, you could be subject to a later charge of misrepresentation. You may wish to have a resolution one way or another before leaving the US for a visa interview. Premium processing is always available with U.S.C.I.S. for the fee of $1225 under which the agency will reach your case for adjudication within 15 days.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

I think your text is probably too indefinite (i.e. omits critical terms) for it to be considered a valid contract.  You will use her services - at what price/commission? for how long? is it an exclusive listing? what authority does she have to negotiate on your behelf?  what are you asking for your house?  etc.  Of course, if these terms were agreed upon orally, that's a different story.  Also, if the parties did not intend to be bound until you had a formal signed contract, the text would not create a binding contract, but the question of intent is not open and shut.... Read Answer

Both you and your friend can stop the process by withdrawing your affidavits of support. This can only be done if the green card application is still pending. If his green card application is already approved, neither you nor your friend can withdraw the affidavit of support. You will neeed to contact USCIS to withdraw the affidavit of support. You can read more at http://myattorneyusa.com/family-immigration.... Read Answer

It is unlikely you will be able to help them immigrate. Only certain persons can petition for an alien to receive an immigrant visa. You can petition for a spouse, parent, child, unmarried son/daughter, or sibling. You cannot petition for a cousin. Your parent would be able to petition for his/her sibling. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Go to www.azica.gov , click Employee and you can look up your employer in the data base to see who their WC insurance company is and contact them directly yourself. If your employer is legally required to have WC, they are also legally required to cover your on the job injury and cannot choose not to cover you.... Read Answer

Your husband may or may not be taken into custody and his removal proceedings reopened. It will be up to Immigration and Customs Enforcement as to whether to reopen the removal proceedings and push for your husband's removal. You can read more about removal proceedings at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

There is nothing that precludes a permanent resident in Arizona from moving to California and applying for citizenship there. There is, however, a 90 day state residence requirement before you can file for naturalization.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You need to either file a motion to reopen or reapply. Whether a motion to reopen is appropriate will depend upon why you missed the interview. I encourage you to consult an attorney. In the interim, you can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer