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Shawn C White

Shawn White’s Answers

14 total


  • Do two names on a title guarantee right of survivorship in AZ or does something else need to be done?

    One person paying mortgage, but two names on title

    Shawn’s Answer

    Your deed should specifically designate that you both own the property as joint tenants with right of survivorship. Attached to the deed should be an acceptane of joint tenants in which you acknowledge before a notary that you have accepted the property as joint tenants. If you are married then the designation may need to be community property with right of survivorship. This is something you should consult with an attorney about, it may be able to be resolved in an initial consultation and the attorney may need some more facts to ensure this is handled properly.

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  • Arizona, Can abuse victims not be evicted for failure to pay rent?

    I have a tenant who signed the lease but then had his girlfirend move in and was there was domestic abuse. He went and jail and there is a restraining order on him and his girlfirend. She has never furnished proof. She has now taken residence but ...

    Shawn’s Answer

    Based on the facts you provided I do not see the special rights that prevent you from evicting her. The section of the Landlord Tenant Act in Arizona that she is referring to is Arizona Revised Statute 33-1318. This section generally provides that a tenant has the right to cancel the lease if the tenant is the victim of domestic violence. The tenant must provide written notice of the domestic violence (i.e. the order of protection or injunction against harassment). You should review and familiarize yourself with the Landlord Tenant Act. You can find it online on the secretary of state's website and the website for the attorney general's office. You should also consult with a qualified real estate attorney to discuss some other issues, for instance, if she is not on hte lease and the tenant is in jail, this may be an issue that warrants eviction. It will depend on the written agreement and some other ansers to relevant questions. Again, it would be worth an initial consultation with an attorney to discuss your case.

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  • Is it legal to put up yard signs for my business?

    I run a language education business in Garland, TX and plan on promoting my website locally. The signs would be put up in Garland and Dallas. Are there any limitations to be aware of? They're just going to have "Want to learn English? Visit _____....

    Shawn’s Answer

    I agree with Mr. Palmer. The local sign code should provide guidance regarding business signage. You should consult with a local attorney in your area. You may also want to contact your local code enforcement office. Most towns and cities have code enforcement officers that are familiar with these types of codes and ordinances. At the very least they should be able to provide you with the specific code section governing business signs. They might even tell you whether or not the sign ordinance allows you to do what you want to do. You should still consult with an attorney to be sure that the code enforcement officer is correct.

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  • What are the consequences for breaking a contract?

    My ex - fiancée and I signed a contract with a venue . I never gave them my social security number they do however have my address and half of my debit card numeration . I know that at contract is a contract , however I am in a very tight and ...

    Shawn’s Answer

    The contract should provide a remedies provision if one party breached (i.e. legal term for breaks) the contract. In general, the venue may sue you for damages. These damages may include the full value of the contract and the attorney's fees and costs incurred by the venue to sue you. If they sue you they will need to serve you with the lawsuit. If you are served you should immediately consult with an attorney in your area because there are deadlines and if you miss those deadlines you will lose your legal rights.

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  • Will an LL / S - Corp protect my personal assets from a possible lawsuit ? Can someone still sue me personally ?

    I am starting an ice cream truck business in Florida . I have significant personal assets and have been advised to create an LL / S - Corp . Will this protect my personal assets or am I still possibly at risk ? I have a prenuptial with my cur...

    Shawn’s Answer

    • Selected as best answer

    If you form and operate your ice cream truck business as an LLC then you will not be personally liable for the debts of the business. However, there are exceptions and you will still be liable if you personally and directly injure someone, if you personally guarantee a loan or debt, if you fail to pay or withhold employee taxes, or if you do something intentionally or recklessly that casusing harm to another person. If you do form an LLC you must also be sure to treat it as a completely separate entity. You need a separate bank account, the LLC should own the ice cream truck and the inventory, and you should pay your employees through the LLC. If you don't and you are sued the court may "pierce the corporate veil" and determine that the LLC was not separate from your personal assets. This would mean that your personal assets would be exposed to liability. Based on the facts you have provided you should consult with a qualified business attorney in your area. You will likely want to consider forming an LLC for your business. You will want to obtain sufficient insurance coverage to protect you from certain liabilities, like car accidents. You should dicuss your business with your insurance agent in great detail to make sure the insurance you get will provide coverage for most of your risks.

    If you have a prenuptial agreement, I don't see a reason why you would then put your portfolio in your husband's name. You put the prenup in place to keep your assets separate from your husband's so why would you put them in your husband's name? I also do not think it would be wise to put your portfolio in the names of your children. These actions could increase your risks of liability, for instance, if one of your children is married and they get divorced, your child's ex-spouse could try to make a claim to a portion of the business. As you can tell you havd a complex situation and I'd suggest you consult with a qualified business attorney in your area before taking any action.

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  • Can I write a letter to the Judge on behave of my childs visitation/custody of his childs case

    mother has defamed our family and has and is causing financial hardship due to all the motions being filed that require attorneys to be involved. I beleive this has become harassement with the intent of causing harm. I would like the Judge to hear...

    Shawn’s Answer

    One way you might defuse the situation is to have a custody evaluator appointed by the court. This evaluator is usually a psychologist who will interview the families and administer certain tests to the parents. The evaluator will also interview the children and make a recommendation to the court regarding the custody/visitation schedule. Often times the reports from the evaluator will also provide the court with some insight into the children's feelings without having them testify in court. It can be very effective. I agree with the previous attorney that the judge will likely not read something directly from you even if you do provide it to the opposing party; furthermore, it may only add fuel to the fire. Obviously if there are physical violence issues then you need to contact the appropriate authorities.

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  • Squashing a protection order based on lies

    Misrepresented the court in a number of ways and got a OP for exclusive use of my house that she doesn't own or live in

    Shawn’s Answer

    The order of protection will remain in place for one year unless it is modified or quashed (i.e. removed) by a court order. You have the right to request a hearing at any time during that one year period; obviously, the longer you wait the harder it will be to prove your case. Once you request a hearing the court will set the hearing within 5 days. At the hearing the person who filed the order of protection against you will have to prove there case. You will also have to present evidence to prove that the violence did not occur. You really should have an attorney represent you in this type of proceeding because I've seen them go poorly when people represent themselves.

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  • Can a Landlord continue to collect rent, pursuant to the lease agreement, from a tenant, after a trustee sale in Arizona

    Due to the fact that the lease agreement was an arms lenght transaction prior to the notice of trustee sale, the lease agreement will remain in affect until the end of its term.

    Shawn’s Answer

    Yes, the landlord can continue to collect rent; however, the new owner of the property will be the highest biddder at the trustee's sale, this is typically the bank or lender. The tenant is protected from eviction until the end of the term of the lease provided the lease was an arms length transaction.

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  • I forged my exhusbands name on food stamps. while i was getting child support

    What do i do he found out and is going to call the dea office

    Shawn’s Answer

    You should see a criminal attorney to discuss the matter.

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  • Terminating a lease

    I own a property of which I have rented out....I want to move back to the property before the lease term is over...can I do this without legal action on either side??

    Shawn’s Answer

    It depends on the terms of the lease, but generally speaking you will not be able to do so without reaching an agreement with the tenant.

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