Arizona Recent Legal Answers from Lawyers

You should be very careful about sending money to a foreign national overseas. There are a lot of Romance scams taking place internationally, so you should talk to an immigration lawyer about the steps necessary to have somebody come here on a visitors visa. Additionally, you should discuss with an immigration attorney any conversations between she and you to see if what she's telling you conflicts with any immigration laws currently in force.... Read More

If your daughter died before signing the settlement papers, then an estate would have to be opened up in order for a judge to allow the papers to be signed by the executor of the estate and then distributed to the beneficiaries. If she died without a will and she did not identify her beneficiaries, then the settlement proceeds would pass to her closest living blood relatives (most likely her parents) if she did not have a husband or children. So you need to hire a probate lawyer to open up an estate and appoint you as executor and allow you to act on the estates behalf. Additionally, if the death of your daughter was in some way related to the actions of the defendant who caused her personal injuries, then you may have an additional claim for wrongful death. So you have to consult with both a probate lawyer and a wrongful death attorney To explore these issues.... Read More

The H-1B petition does not ask about criminal history, so I assume that H-1B petition approvability by USCIS will depend upon the position and your qualifications. However, the visa application form, DS-160, does ask about any criminal conduct. You should of course answer truthfully. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 More

This is a common scam on the Internet.  There is no girl, there is no mother or father or detective -- only Internet fraudsters.   Do NOT send them any money.  They are trying to blackmail you, and you are the victim here - not some young girl who does not exist.   Block them and do not communicate with them in the future.   I have never heard of these fraudsters actually posting the pictures because 1) It takes time and makes them no money, and 2) It makes it too easy for them to get caught.   ... Read More

So if $9000 was paid, and there was no work done on the file, then you need to draft a demand letter requesting that a full refund be paid to you. And if one is not paid to you, then you should file a complaint with the ethics office at the Arizona state bar Against the attorneys who are holding your money.  ... Read More

If there is a joint tenancy deed in place when one of the joint tenants dies, the property automatically transfers to the surviving joint tenants. A survivng joint tenant should have access to the property and if that is denied by the other joint tenant without a basis there may have to be a lawsuit to gain access.  You may want to start with a search of the title with the Recorders office to determine exactly what the title is. ... Read More

Unfortunately the check if payable to the estate cannot be just cashed. Try and contact the insurance company to see if they will reissue itl. Another alternative may be an Small Estate Affidavit signed by whomever is entitled to the property. This affidavit can be used when the estate is under a certain dollar value. In Arizona right now that would be $75,000. You can find the form on line or any estate attorney should be able to assist you for a modest fee.... Read More

You can seek dismissal, but if I understand the situation, you will not get it.  Even if the texts don't constitute a cvalid contract (they may or may not), your ex paid off your credit card debt.  At that point she became subrogated to the credit card company's claims against you.  In other words, once she paid off  your creditor, she became your creditor.  You can claim that this was intened to be a gift, but the texts contradict that position and, at any rate, that is not an issue which can be determinecd on a motion to dismiss on the pleadings.... Read More

it is impossible to know if he has a case without knowing what you have communicated about him to others.  If you sent an email to members falsely stating that he had been convicted of molesting a child, he would have a case.  Opinions, however, are not actionable, so if you said he is a bully, he would not have a case based on your expressing that opinion.... Read More

It should be pretty easy.  Your Trust should tell you how to phrase the transfer and look something like this: ----------------------------------------------------- For the consideration of Ten Dollars, and other valuable consideration, I, Jane Q. Public, formerly known as Jane Q. Single, do hereby convey to JOHN Q. PUBLIC and JANE Q. PUBLIC, Trustees of the JOHN AND JANE PUBLIC LIVING TRUST, dated September 35, 2021, and any amendments thereto, the following real property situated in Maricopa County, Arizona: -----------------------------------------------------------   Best wishes.... Read More

Hi, If I am understanding the background to your question correctly, your father had a Trust made in 2004. Do you know if it was revocable or irrevocable? Then, he created a new (revocable?) Trust with his (new?) wife in 2008.  The new trust is completely new, but no assets were added. As described, your situation is hard to respond to.  Usually, when a person has a trust but then creates a new one, the new trust is often done as a Restatement of Trust.  This is a re-designing of the first trust, but keeps the same name.  The benefit is that it provides a whole-sale re-accomplishment of the trust but, because the name doesn't change, the property that was titled in the name of the first trust is automatically part of the restatement. Additionally, the new trust (restatement or no) usually includes language stating that any previous trust or will is revoked by the new trust.  So, the old trust documents should be destroyed.  Any personal property that your father documented as being in the old trust, should be carried forward into the new one. With respect to vehicles, it's pretty common that, unless they are special collector's edition vehicles (classic old cars or specialized vehicles), many estate planning attorneys advise their clients to not title the vehicle in the name of the trust because people don't usually keep cars for longer than 5-10 years and re-selling or trading in can be problematic because banks prefer them to be titled in a person's name.  That being said, if your father's new trust is a re-statement of the old trust and he had titled his vehicles in the name of the trust, then the vehicles will still be part of the trust.  If that is the case, there is nothing for you to do. Hopefully this answers your question.... Read More

Your son's ex can sue him for anything she wants, but if the Court believes that the property was given as a gift (as opposed to a loan or whatever claim she may make) he will not have to return or pay for it.  It is possible, but very unlikely, that the police would arrest him over this type of dispute.   They are likely to tell her, correctly, that it si a matter for the civil courts.  Of course, if she alleges some other crimes, particularly involving violence, things may go differently.... Read More

If you are a US citizen, you can sponsor your girlfriend for her fiancé visa and your stepdaughter provided that she is a minor. One of the conditions in order to pursue this pathway if you have to physically have met your girlfriend within two years of filing the application. You can go over there to meet her Or she can travel to the United States to meet you. But this condition cannot be waived.   ... Read More

Some states in the USA allow cousin marriages, and if you make plans to live in those states, The US government may allow you to immigrate based on your filing of a waiver application. More facts would be needed to know before an opinion can be made. Discuss with counsel here in the USA. ... Read More

Homes don't go to probate, wills go to probate, or if no will, the estate is administered by the Court (although it might be called something different than administration n your parents' state).  The home could pass directly if title was held in a certain way (e.g. life estate for parents, remainder to children) but that is unlikely.  Most likely your parents owned the home as tenants by the entirety, meaning that the latest to pass owned it completely, and it will pass according to that person's will (which must be probated) or, if no will, by the laws of intestacy of their state.  Usually, those laws will provide that the property goes equally to the children.  However, you may need to institute a court proceeding to confirm it and confirm title.  If the chilldren are not agreed about what to do with the property, it can be partitioned, either by agreement of the children (e.g. 3 buy out the share of the 4th) or in a court proceeding, which would be expensive and time consuming.... Read More

Based on your description, a lawyer may require a statement of competency from a doctor before allowing your husband to sign a financial Power of Attorney.  But, as you know, people's mental status varies.  Try seeing a lawyer at the best tme of day and in the best circumstances for your husband. Most people remain able to sign a medical Power of Attorney until relatively late in the progression of the disease.... Read More

Yes.  If you put your son "on title" you are granting him an interest in the mobile home,which his creditors can use to satisfy his debts.  There are ways to structure the transaction to significantly reduce your risk, however, such as conveying a life estate to yourself with the residuary estate to your son.  Without the legal jargon, that means you would have the right to live in the home for the rest of your life and your son would get it when you die.  Of course, his creditors would be able to come after it at that time.  You may want to consult a local real estate attorney.... Read More

As you are over the age of 21 and married, your mother is ineligible to sponsor you as a permanent resident. There is no visa preference category for such a situation. Your brother can sponsor you, but the waiting time is approximately 13 years and you would have to leave the country for the immigrant visa interview under current law. Other avenues may be much quicker, and we along with everyone else are waiting for the Biden administration’s immigration push for DACA legislation which promises a green card at the end of the process if passed. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 More