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Thomas J. Bashara II

Thomas Bashara’s Answers

21 total

  • My husbands grandmother is currently receiving Hospice care & is incapacitated. We have questions re: Springing POA.

    Looking for information regarding what our options are.

    Thomas’s Answer

    An attorney will need to see the POA before being able to give any information on your options. If of serious concern to you, you should definitely contact an attorney to review the document.

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  • A co owner closes out bank account before the death of the other two owners. What is the law on that?

    First two owners are parents. Sister third owner. Parents in nursing home and coma.

    Thomas’s Answer

    Assuming your question is whether the sister is legally permitted to close the account, the answer is it depends on how the account was titled. If it was an "or" account, anyone of the owners can close it. There could be liability as between them (or their estates). If the amount in the account was significant, I suggest you retain an attorney to make a more in-depth inquiry.

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  • I paid for a dance uniform for my daughter in May of 2012, I haven't gotten it and they won't give me my money back. Adivice?

    I've talked to the owner and instructor numerous times about what I want and I'm told I'll get back to you and I don't get any answer's.

    Thomas’s Answer

    File a claim against them in the proper Justice Court. Depending on the amount involved, it may be eligible to be filed as a "small claim" from which there is no appeal.

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  • Can a lien be filed on an estate? If so, how is it done?

    We are a company providing nonmedical living assistance generally at the client's residence. We send certified or non-certified caregivers to assist with daily living activities. The client or client's representative signs a contract for services ...

    Thomas’s Answer

    I won't go into lien issues since there's no statute providing for general liens in your case. If you had a client who has passed-away, you need to determine if an estate has been opened. If an estate has been opened, you would send your claim for payment to the administrator/executor of the estate or his/her counsel. If you don't timely submit your claim and the final account is approved by the court, you will lose your claim. I would also strongly recommend you monitor the progress of the estate to ensure your claim is properly accounted for. If an estate has not been opened, you can compel the opening of one, in order to collect on your claim but you'll have to assess whether it's worth doing and whether anyone else signed as a guarantor or responsible party on the contract.

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  • What do i do to keep PR (step mother) of estate from selling property of fathers until it goes though the court/form to file?

    i wasnt aloud to move home after father died intestate step mom moved out 4 months after dad died and 1 1/2 later i tryed to move home were i was living when dad passed and was told someone was renting it which it wasnt then she had that someone m...

    Thomas’s Answer

    Without getting into the merits of your position, since more facts would be needed to determine whether you are right or not and to determine where in the probate process you are, I will say that in general terms and assuming you have some articulable facts on which to base your fears, you would need to obtain an injunction from the court to prevent a sale. You really need to contact a lawyer to ensure that whatever rights you have are preserved.

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  • Bankruptcy & Loans

    I currently have a car loan, making monthly payments but having difficulty catching up. With a summons in process and filing for bankruptcy soon, would it be best to let the car go and add that to the pile since I'll be filing anyways? Reason for ...

    Thomas’s Answer

    If you don't want the car and the payment that goes with it, there is no problem with surrendering the car now or during the course of bankruptcy or even letting the bank repo it. The only thing to bear in mind is that you need to file for bankruptcy before the creditor executes on any judgment they may get.

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  • Client in default of contractual SLA, owes for more than 15K and is trying to "skip" responsibility. What should I do?

    Client signed SLA in January 2007. Started missing payments April 2011, but continued to rely on service. MANY hours logged exceeding SLA (10 hours per month) and client still doesn't pay. Client is trying to dissolve company before 12/31 and movi...

    Thomas’s Answer

    I've got to agree with Atty. Adamo. There are a lot of factors to consider, such as whether the client signed the agreement solely as some type of limited liability entity and where jurisdiction may be proper. Since it doesn't sound like you've consulted with an attorney about ADR or litigation options, I suggest you contact one at your earliest opportunity. Given the likely sophistication of the opposing party, proceeding without counsel is a really bad idea.

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  • A friend and I are creating video games to sell online. What legal steps do we need to take?

    A friend and I are in the process of creating video games to sell on multiple online platforms (and possibly iOS/Android as well). We are working with a single artist who has agreed to give artwork with no monetary compensation. All software will ...

    Thomas’s Answer

    While your post raised alot of issues and is best handled through an actual meeting, this response should give you the gist of what's involved. First, you'll need to check to see if your code and the artwork don't violate anyone else's intellectual property rights. Second, you absolutely need to copyright your work. Third, you need a clear written agreement with whomever is providing the art work to clarify who actually owns the artwork and that it is being given to you for no compensation, now or in the future. Fourth, you need to explore if a limited liability entity of some type will help you, such as a sub-s corporation or LLC. Fifth, if you actually plan on having employees (as opposed to independent contractors) you'll need to setup an unemployment account and get worker's compensation insurance. Whether you're going to use independent contractors or employees, you'll also need written agreements with them concerning confidentiality, ownership of the code, and other issues. Sixth, if you'll be marketing the software through 3rd party publishers, you will definitely need to fully understand the agreements that you enter into. As I said above and as the other counsel have said, there are a lot of issues to consider. I'm located in Mesa if you would to schedule a consultation. The number is (480) 279-3205.

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  • Can I use allegedly and what are all my ways to collect $10,000 that was stole from me by a guy who was to start a business

    I approached a "Bernie Madoff" 'well known Internet type guy that claims on the internet to build and improve business marketing and sales. He also screwed 6-8 others out of over $320k He tells people who threaten to sue "go ahead, stand in line ...

    Thomas’s Answer

    If the guy is still out there swindling people and thus may possible have assets that can be traced, you should contact the AZ Atty General's Office and, if you have contact with other people who are interested in pursuing the guy with you, give me a call at (480) 279-3205 so you can provide more details.

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  • In Arizona, is a landlord required to maintain leasing records of its former tenants for any certain period of time?

    In Arizona, is a landlord required to maintain leasing records of its former tenants for any certain period of time? Are there any statutes or other laws that mention this?

    Thomas’s Answer

    There is no statute in the Residential Landlord-Tenant Act requiring you to keep leasing records for any set period of time following return of the premises to you. However, you have to consider that a former tenant could bring some type of breach of contract action as long as 6 years from the date he/she knew that a claim arose. Also consider that there are different statutes of limitations applicable to IRS tax actions that can go as far as 7 years out and, if a fraudulent return or no return is filed, the statute of limitations is essentially forever. So, as long as you are properly filing your tax returns, I would suggest 7 years from the date you filed your tax return for the year in which the tenant moved-out would be an appropriate period to time to maintain the lease. Also note that the IRS will generally accept scanned documents if you want to scan the lease as a PDF file.

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