Arizona Recent Legal Answers from Lawyers

This sounds bogus...though your friend, as well, may be being scammed.  If you decide to loan the money, note that you cannot put a lien on or make a claim against the estate.  At best you can get a prommissory note from your friend and sue her for that, knowing that the money is probably long gone.  As Shakespeare wrote, "Neither a borrower nor a lender be for money often loses both itself and friend."... Read More

When a Will is submitted for probate, it becomes a public document.  If there is no Will, the Judgment of Heirship will state the proportions of property passing to the various heirs.  Check the county probate records.  As to actual amounts, generally over a year must pass before a beneficiary or heir is entitled to seek an accounting.  This gives the person settling the estate some time to gather assets, pay bill and submit the final tax return.... Read More

Your agreement should be enforceable IF YOU CAN PROVE IT, which will be very difficult (assuming the family opposes you) after your bf passes.  The fact that you made all payments doesn't really prove anything, since you could have been paying him for the use of the car, or many other explanations.  Moreover, if Arizona still has the Dead Man's Statute (this is an ancient law still in force in many states, including NY, but I don't know if AZ still has it) you will be barred from testifying as to any oral agreements you had with your deceased bf, although you will be allowed to present documentary evidence if you have any.  The best thing for you would be to have your bf sign over the car to you now, or execute a will leaving the car to you, or at least sign an affidavit attesting to your agreement.  You need to have some proof of the contract beyond just your word.... Read More

Good Morning: There is a lot of nuance in your question.  Did your mother-in-law establish and document this debt with her son on the one house?  Does he have possession of the property?  Is there any documentation in the Trust that dictates the son must pay for the home or the gift goes to someone else (in this case possibly the other brother)? If there is no language in the Trust or documentation from the mother that the son must purchase the residence from the trust, then he will likely take the property per the terms of the trust.  In short, the terms of the Trust will dictate what happens to the property in it once the grantor (in this case, your mother-in-law) dies.  If the Trust terms require the son(s) to purchase the home or it goes to someone else or the successor trustee has to sell it, then that's what will happen.  If the trust is unclear on this point and it's important to your mother-in-law, I recommend she change the terms of the trust to ensure it includes this stipulation and what will happen should the son not purchase the property from the trust.  This can be accomplished through an amendment (not recommended) or a restatement of the trust (recommended). Best wishes!... Read More

Good Morning: Based on the limited information provided, you can set up a special needs/supplemental needs trust that can pay out limited amounts from an account to your son.  However, you have to make the trust the owner of the account with the bank and name a trustee (not your son) who will control the funds and pay the money out in a way that you specify in the trust when you set it up.  Please bear in mind that you'll need to work with the bank directly to ensure they will allow the trust to own the account and the trustee access to it.  Every bank has its own forms & procedures for account ownership & access.... Read More

Under current law, you are not adjustable to permanent residence as you entered the US without inspection unless you are the beneficiary of §245(i) – that you had a labor certification application or immigrant visa petition pending on your behalf by April 30, 2001, and were physically present in the US on December 21, 2000. If you do not qualify under §245(i), and your US citizen son 21 and older files an I-130 petition for you, you would ultimately have to leave the US to interview for the green card in Mexico. I note that if you have been living in the US for either 180 days or one year, you would be barred from returning for three years and 10 years respectively. The current solution is that if you have a parent or spouse who is a US citizen or permanent resident and would suffer extreme hardship if you were removed, you should file for an I-601A waiver while in the US.  You would be able to receive the decision before having to make up your mind whether to return for a consular interview. 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

You need to contact the plan administrator.  This person should have been in contact with Fidelity.  If Fidelity cannot provide contact information, send a letter to Plan Administrator, [Name of 401k plan], [Name and Address of Employer] certified mail, return receipt requested.  If there is no response within three weeks, you may need a local attorney's assistance.  A subpoena can only be issued in connection with a court case.... Read More

Both parents can grant a family member a Temporary Power of Attorney, revocable at will, which will allow the person to enroll their child in school, take him to the doctor, etc.  Any Washington family law attorney should have the form.  Whether the Washington colllege will consider this and residency enough to establish domicile for in-state tuition is another question.... Read More

Hi!  There are generally 2 main options for revising the terms of a trust: an amendment or a restatement (see below).  The restatement is the most complete and secure (i.e., least likely to be successfully contested in court) method of revising a trust to change how beneficiaries can access your things when you're gone.   A Trust Amendment revises the terms and conditions of a trust. Trust Amendments are generally only used if certain provisions of a trust agreement have to be modified, but the rest of the provisions of the trust remain unchanged. Minor changes may include updating a beneficiary’s name, changes due to marriage or divorce, adding or removing simple gifts, or naming a different trustee. A Trust Restatement completely replaces all the provisions of the original revocable living trust  with new provisions that meet the current goals of the creator of the trust. A Trust Restatement is usually recommended if the basic goals of forming the trust have changed, or if all or main provisions of the trust agreement need to be changed. Changes in the number of beneficiaries, changes in the way in which the funds or assets are to be distributed, or compliance with new laws are a few of the significant changes that may require a restatement. A Trust Restatement may also be recommended if the trust has already been amended several times and consolidating all changes in a clear manner will help provide clarity and avoid confusion. A Trust Restatement may also make sense if federal and state estate tax laws change, or new administration laws are enacted. Amendment vs Restatement While an amendment makes sense for minor changes, a restatement may be vital if major changes are made. There is no specific rule regarding when you should use a restatement or how many times a trust can be amended before it needs to be restated. Handwritten changes may not be acceptable in some states or might be considered invalid.... Read More

Hi.  Making a change to your trust to alter the ability of your beneficiaries to withdraw all the money from your bank account in a lump sum is actually more involved than you might think.  The best way to accomplish this goal would be to contact an estate planning attorney and create a "restatement" of your trust.  The restatement is the most complete and secure (i.e., least likely to be successfully contested in court) method of changing how you want your beneficiaries to get access to your things when you're gone.... Read More

The UCC lien isn't against "the business", the lien is on the assets of the business, just as a home owner secures the loan he/she uses to buy the h ouse through giving the mortgage a lien on the house.  Thus, the seller could theoretically sell the assets, but the sale would be subject to the lien, meaning that if the debt (line of credit) is not paid, the creditor (chase) could, despite the sale, force those assets to be sold to pay the seller's debt.  This is analogous to a house closing where the sellers have to pay off their old mortgage before the buyer's mortgage lender will loan the money to the buyers to buy the house.... Read More

Courts customarily discharged attorneys appointed to represent someone in a guardianship at the hearing.  After the hearing, the lawyer had no client-attorney relationship with your mother.  He never had an attorney-relationship with you. If it is necessary to sell the home to pay the estate's debts, the personal representative's duty is to evict whoever is living there and sell the home.  Neither occupancy nor inheritance after the debts are paid conveys ownership superior to the rights of people owed money to be paid.... Read More

You can grant a person a Durable Power of Attorney or a Medical Power Attorney if you have legal capacity to do so. If due to a physical or mental illness you cannot provide for your own food, shelter or medical care or cannot manage your own finances, someone can apply to become your guardian.  ... Read More

It would be advisable to engage a joint sponsor to make sure to maximize your chances of a successful application. You should also get a letter from your employer stating what your rate of pay is and your monthly income, and also bring paystubs. Ultimately they may just rely on your income alone, but if they don't, your application would be denied so it's best to get a joint sponsor.... Read More

Do you hae a nondisclosure agreement with the company or are you revealing any trade secrets or proprietary information you are obligated to keep confidential?  If not, and what you write is true, or  opinion, you can publish.  Right or not, however, there is no guarantee that someone will not be offended and sue you, but if you can establish those two things you will win.... Read More

An irrevocable trust is an asset protection tool. A revocable living trust is an estate planning tool. While it can provide for protection for after death transfers to spouses or children, it must be drafted to allow that. Asset protection can take many forms and can be as complex as you need to protect the assets that are at risk. The basic concept is that you are removing ownership to some degree from your individual asset to a trustee who will manage those assets independently. The degree of indepence will affect how much exposure the assets in that trust will have. Whether this makes sense for you or not depends on what you want to accomplish and the extent you need protection for thos assets. A conversation with an attorney familiar with such trusts makes sense.... Read More

Your question involves the immigration laws of other countries, and your husband would have to check those out to see whether those countries would admit him. This is a forum for US immigration laws. 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 More

OK so if you entered the United States with a visa, which it looks like you did, and you want to get married to an American citizen, then after marriage he can sponsor you for a green card. The entire process takes roughly 12 months. Consider working with counsel to handle your case from beginning to end. Some of us charge a very affordable flat fee, with no hidden costs, and are in the case for its lifespan by filing a G 28 form. Immigration attorneys can handle cases in any state And all over the planet.... Read More

SSDI is available to people who have paid into the system for at least five of the past 10 years.  You should have applied earlier.  Many people find Social Security rules counter-intuitive.  If you would like to discuss this with an attorney who specializes in the area, you might find one using the website of the National Organization of Social Security Claimants' Representatives.... Read More

First, it sounds as if you did everything by the book.  Second, it sounds as if the flipper was trying to scam you.  We you rejected his counteroffer, there was no longer any valid offer on the table.  When the vlipper came back to you with the original offer, you were not obligated to accept his offer, since you rejected the counteroffer. For some reason, I really don't believe this flipper is going to cloud your title.  He knows he has no right to do so.  But, to answer your question, if he clouds your title or theathens to cloud your title, you can tell him that you will take court action to Quiet Title and he will be responsible for your legal fees when you prevail.  A Quite Title action can help clear up issues on a property's title.  You can also tell them that, if you prevail and he doesn't pay your legal fees, you will file a Lis Pendens on one of his flipped properties.  With a Lis Pendens, the flipper will be uanble to sell his property without paying you off.  This will get his attention.  ... Read More