Arizona Recent Legal Answers from Lawyers

If you haven't worked 5 of the past 10 years, then you still may be eligible for SSI disability, also administered by SSA.  You would have to have very limited income and assets.  You should call the local SSA office to set up an appointment to file or consult with an attorney.  SSA will request your medical records, so you don't necessarily need to have the letter you are referring to.... Read Answer

If your mother left the house to you (and only you) in her will, you should be able to re-title the house in your name. Once you do that, you should have no problems working with a realtor to sell the property because it will officially and legally belong to you. However, I recommend communicating with the reverse mortgage lender (secured creditor on the house) to discuss your plan to sell the home and pay them off. They may allow you to just assume the terms, but you will definitely still have to pay that debt off.... Read Answer

If the evidence establishes that the hotel was negligent in causing the damages your wife sustained, then she has a case against the hotel. Discuss with an attorney in the state of Arizona about contingency fee representation, which means she pays nothing unless she wins.     ... Read Answer

Good Morning, Ms. Crawford: Can a parent disinherit a disabled adult child in Arizona? In short, yes. People are generally free to leave their material wealth to whomever they want when they pass, or, conversely, to disinherit whomever they want. Absent some other agreement, court order, or contract to provide continued support the father is free to disinherit his son. However, disinheriting a biological child generally means that the decedent needed to have an estate plan (will or trust-based) wherein the decedent specifically names the child to be disinherited and that said child is being disinherited. Otherwise, your son can petition the court for his share of his father's estate, if there is anything to distribute. Do you know if the father had an estate plan?... Read Answer

365 days of full time CPT negates OPT. That being said, a F-1 student may be able to dispute the total amount of time actually spent on full-time CPT. In your case, you may wish to discuss your situation with the designated school official (DSO) to see if the DSO can give you any assistance. You can also in conjunction with or separately request OPT from USCIS. You can send all documentation and explanations with the application. I express no opinion as to whether USCIS will approve the application where the claim is two days less of actual employment then was authorized on the SEVIS I-20. 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 Answer

Contact an ERISA attorney or an attorney who handles Qualified Domestic Relations Orders ("QDROs") (the orders used for retirement plan division in divorce). They can look at the QDRO that was entered, as well as the plan documents for the plan and your specific facts to determine if the plan is doing anything incorrectly.  But don't wait - you do not want to go past the 45 day appeal period.... Read Answer

Unfortunately, when there are multiple tenants, the LL returns the sec dep to ALL of the tenants collectively. They have no interest nor obligation to sort out what tenant is owed what from the sec dep. The interesting issue is that a cosignor, as opposed to a contractal co-tenant, shoud not have any interest in the sec dep nor should a "subleasee" because their agreement is with the tenant they lease from and not the LL. You will need to retain a lawyer to review your records and determine whether there are agreements between you all collectively making you ALL tenants to the LL. ... Read Answer

I'm sorry to hear about this disturbing and tragic incident. However, since animals are treated as chattel or property, you can only recover economic damages and not emotional distress damages for your mental anguish. This may come as a shock but that's what the law in almost every state allows. Accordingly, it is going to be very difficult for you to find counsel who is wiling to take on this case. Still though, contact multiple attorneys in your state to get their opinions. I wish you the best of luck! ... Read Answer

There is a common misconception about undocumented immigrants needing to leave the U.S. for a set period after entering illegally. Entering illegally doesn't automatically trigger a 10-year departure requirement. However, there can be consequences depending on the circumstances of her entry. The U.S. immigration system doesn't work with "pardons." There may be options for her depending on how long she's been in the U.S. and other factors, but an attorney can give the most accurate guidance.  Immigration laws are complex, and the best way to determine your mother's options is to consult with an immigration attorney. They can assess her situation, analyze her eligibility for different programs, and guide you through the process. I would recomend that you pay for an immigration consultation to get all your questions answered, and get a solid foundation regarding the whole situation. Feel free to reach out to discuss pricing and payment plans.... Read Answer

I would initiate a written dispute to the company so you can show a paper trail of your disputes. If the account is with a collection agency, you should be able to request a "validation package" from the collection agency where they send supposed documentation to "prove the debt." You'll likely want to also consult a consumer protection attorney that can advise you on various rights related ot the Fair Debt Collection Practices Act ("FDCPA") to explore the possibility if the collection agency is violating that law (or some other law) in some way.  You'll want to complete a police report as well as a FTC Fraud Affidavit detailing that this account is not yours. You'll also want to see if this fraudulent account is reporting on your credit reports. You should be able to access your Experian, Equifax, and Trans Union credit reports once per year for free. You'll want to see if that account (or any other fraudulent accounts) are reporting on any of the credit reports. If there are fraudulent accounts, you'll want to provide written disputes to each of the credit reporting agencies, along with any supporting documentation you have (police report, FTC fraud affidavit, etc.), detailing that this account, along with any other fraudulent account is not yours.  May consumer protection attorneys that practice under the FDCPA and the Fair Credit Reporting Act ("FCRA") offer free consultations and it might be good to contact an attorney!... Read Answer

If there was no Will then who receives the estate is determined by either title, named beneficiaries or intestate succession rules.  His personal property collection is part of his estate and if there is no Will, as the surviving spouse you have an interest in his estate. While it may be a shared interest with his prior family, you still have an interest. You are in a matter where the other party is an attorney, it would be reasonable for you to have your own attorney to protect your rights.... Read Answer

Your lawyer needs to provide you with an itemized breakdown of all disbursements from the settlement proceeds. Sometimes delays occur when counsel and your medical providers are negotiating the price of their respective liens or letters of protection. If you have any Medicaid or Medicare liens, it usually takes much longer than 2 months. Ask him why is it taking so long and if he can't give you a sensible response, then file a complaint against him with the State bar of Arizona. ... Read Answer

A foreign national who wants to visit the United States is not required to produce an invitation letter from his host in America. In order to apply for a visitor visa, he has to show that he has the intention to return to his country after his visit. Evidence to support that intent would be tax returns showing income from a job in Africa, a letter from his employer, paystub's from his job, and any deed or a statement from an real estate appraiser showing that he has equity in a property that he owns in Africa. ... Read Answer

Using beneficiary deeds as a substitute for a will or a trust is not efficient although it may seem so when you do it. With one or two beneficiaries, such a deed might be a good way to pass property. Maybe. With multiple beneficiaries, there is a strong possibility of conflicts between ownerships and what to do with the property. The fact that there is an infant involved creates a bigger potential problem. Whatever money you believe you are saving by using a beneficiary deeds may be lost upon your death. My recommendation is that you contact an estate planning attorney an have a proper estate plan created, whether it is will based or trust based. An attorney can explain the benefits of each.... Read Answer