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Robert Michael Way

Robert Way’s Answers

25 total

  • My dad died and paid rent in an apt month to month & paid in advance. Does a 30 day notice policy apply?

    My dad paid a month to month lease on an apt. and usually paid for 2 months in advance. He died just short of when the 1st month of the 2 months that he paid. Is the money refundable + the security deposit or does the 30day notice apply. Everybody...

    Robert’s Answer

    First look at the lease and determine if there are any provisions that control what happens when a tenant dies or upon early termination of the lease given that the occupancy is periodic tenancy (month to month). Then, depending upon whether your father's estate will be probated or not is also something that needs to be determined; look for a Will, or if none exists, all assets titled in his name should be inventoried to assess the size of the estate (this will help determine the type of probate needed).

    If there is a probate, then a court appointed personal representative would have the legal authority to assert any argument your father could have if he were living or on behalf of the estate, against the apartment owners.

    Finally, the apartment complex is not entitled to be unjustly enriched by money your father paid in advance because it is now impossible for him to occupy the residence.

    You should hire an attorney who understands decedent's estates to resolve this issue and if necessary probate your father's estate. Good luck!

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided or the information received be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice or opinion and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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  • If a person files a petition for guardianship is that petition the actual order?

    My niece filed the petition for her brother then had a social worker take him out of school, she changed his school records reflecting her as the guardian while my sister was at work. The police told my sister that she should just waiit for her co...

    Robert’s Answer

    In Arizona, a Guardianship is a protective proceeding for either a minor or adult, which comes about from the filing of a Petition, court hearing, and judicial order. For a minor, any person who is interested in the welfare of the minor may petition the court for appointment of a guardian.

    Only a judicial order establishes the authority of a Guardian. Once a judge issues an order, the Letters of Guardianship will then be issued and filed with the Clerk of the court. Together, the Order and the Letters are evidence of the Guardian's authority to act on behalf of a ward. Sometimes, if there is an emergency, a Guardianship can be done without notice to all interested persons.

    Any interested party may object to the appointment of a particular Guardian and be heard in Court. It is best if this is done with the assistance of an attorney who is familiar with Guardianship law.

    Accordingly, you should seek the advice of an attorney to understand your rights and what potential legal action may be available.

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided or the information received be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice or opinion and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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  • How can i find out if my mother left a will, before she passed away?

    my mother passed away last month, she led me to believe, she had left money to me and my siblings. my stepfather has not mentioned anything.is there a way to find out without causing hard feelings?

    Robert’s Answer

    In Arizona, there indeed is no Will repository as the previous attorney stated. But, if you retain a probate attorney, then it is possible for an attorney to send out an email to members of the State Bar of Arizona or to members of a local bar association in the particular county where mom might have lived, asking them if they have a copy or the original of your mother's Will assuming one exists.

    Consider also that an attorney consultation could be worth your time and money if mom indeed died without a Will; if she died without a Will, then her estate would pass through intestacy (assuming that there was no living trust or that all other assets were passed on outside of probate) in which you and your siblings would have a statutory right of inheritance. Go obtain an attorney consultation.

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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  • My girlfriend was on probation for drugs, she had a violation (tested positive) and had left the state and now has a warrant.

    She is telling me that all she has to do is pay the fine and the warrant and everything will go away. This warrant is 5 years old - is it possible to screw up like that and then only have to call up the probation officer and only have to pay the f...

    Robert’s Answer

    Your girlfriend needs to meet with her defense attorney or retain a new one because if, as you say there was an imposition of 18 months probation (supervised), and she tested dirty on a UA, then this is definitely grounds for a VOP (violation of probation) (as one can see since the probation office filed a notice of violation). Fleeing the state makes the situation worse.

    Also, if by some bad luck the girlfriend is picked up on a charge in MN, then the AZ warrant would most likely show up and there would be an extradition back to AZ. Bottom line is that she needs to contact her defense attorney right away and find some resolution.

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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  • Is a will legal if the client has borderline Dementia, 93 y/o, illerate, & hard of hearing if the preparer didn't conduct a MMSE

    Father passed away, one of eight surviving children took him to make a new will (secretly) leaving everything to that one child. He had documented Dementia, documented illeteracy, and hard of hearing. There was a MMSE done years ago, scored 21. ...

    Robert’s Answer

    With exception, a Will is only considered a valid and legally enforceable document if it complies with the statute of Wills in the state where it was created. Accordingly, lawyers are expected to exercise their professional training, judgment, and experience to ensure that a client creates a valid and legally enforceable Will. The facts you state underlie legal arguments to challenge the validity and enforceability of a Will. Ultimately, the final arbiter of the validity of the Will you describe Dad executed, can only be determined by a judge or jury after hearing all relevant facts and evidence. Go see a lawyer (estate litigator) now and obtain a consulation...right now.

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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  • What if a person pursued a case pro se and lost, but was not competent?

    A friend who pursued a case against his homeowners association pro se has early onset Alzheimer's. He was clearly evidencing signs at the time and I believe the other side 'saw him coming' and inundated him with filings he knew my friend couldn't...

    Robert’s Answer

    I agree with the previous attorney's answer and would only add that when a person consults with an elder law attorney (specifically one from NAELA), be certain to ask whether the attorney focuses their practice in the area of financial exploitation and elder abuse. Not all NAELA attorneys in the Tucson area handle this type of litigation. Good luck!

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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  • Can I legally take money by atm from my deceased mothers account before bank notified of death?

    She died 2 weeks before her mortgage payment is due, I have access to her accounts and need to keep roof over her posseions until I can break lease or move- she and I rent home together and had split all costs together, we have a will - terms spli...

    Robert’s Answer

    Only the title holder (owner) to a bank account has the authority to use the ATM card. If the decedent (mom) was the sole owner of the bank account, then the answer is "no", you cannot legally use that ATM card and should not; even if you are a signer on the account, then your right to withdraw funds from the bank account terminates upon your mother's death. If the account is titled in the name of a "living trust", AND you are a current trustee, for which the bank has records to substantiate your fiduciary authority, then you likely could withdraw money.

    I do not know what you mean by "I have access to her accounts"; so, under the extraordinary assumption that you may be a joint tenant on the account with your mother, then you may also have a right to withdraw money from the account after you show the bank a death certificate.

    Nevertheless, because you discuss in your question probate, a will, and "less than $50,000"; the best thing you can do is make an appointment with an Arizona estates and trust attorney to review the potential issues in your case. Don't wait.

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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  • How can someone revoke a durable poa?

    A family friend is trying to revoke a durable poa in which her 2 kids are the agents. she is unhappy with there actions. how can she revoke the poa and remove them from account access.

    Robert’s Answer

    I agree with the the answer given above and would only add that generally, if a Power of Attorney is recorded, then it would be correct to record a revocation. This destroys any claim that a recorded Power of Attorney is still in effect. Obtain an attorney consultation to have the Power of Attorney reviewed. One reason is that the document might never have been drafted properly and thus could be void from the beginning.

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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  • My daughter is traveling out of the country with grandparents.Is power of attorney needed for medical care?

    My daughter is traveling to Canada with grandparents. Do we need to give them power of attorney to take care of medical needs if they arise?

    Robert’s Answer

    Yes, but I would speak with an attorney in Kansas first to discuss the application of Kansas state law. Presuming that your daughter is still under 18 years of age, she is a minor. This means that she needs a parent to grant consent for medical treatment albeit some state laws may have exceptions to this general rule. And, because your daughter would be with her grandparents in a foreign country, it is necessary that a Health Care Power of Attorney and a Consent to Medical Treatement directive be prepared and obtain an apostille ("a standard certification provided under the Hague Convention for authenticating documents used in foreign countries", see Blacks Law Dictionary, 7th Edition). Obtain an attorney consultation right away because there may be additional steps in this process.

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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  • What will happen to my property if I die without a will or trust?

    If you die without a will or trust, the state determines who will be your ultimate heirs. This distribution plan can be found in the intestacy statutes of each state. The applicable state can be either the location of your legal residence (persona...

    Robert’s Answer

    After obtaining the answer from the attorney above, it looks as though now you are probably looking for a solution to the underlying question of "what should I do?" Ask yourself this question: What would your situation look like today if you died? Then, decide how important it is to you to put a plan in place so that the most efficient and inexpensive result will occur at your death. Go see a lawyer who will (1) listen to you and (2) provide a helping hand in planning your estate.

    DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question. This answer is not legal advice and must not be relied upon in making any legal decision or legal action. It is necessary to seek out the advice of an attorney before you take any legal action.

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