Archived
The US Treasury is garnishing my SS Social Security for student loan defaulted debt. Could they also sue me?
Lonnie's answer
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Answered on July 20, 2010
Arizona's homestead exemption does not say "this exemption is valid unless a government agency is collecting." I think your condo is safe if they...
Archived
How Likely am I to recieve gaurdianship of two minor children that are not blood related?
Lonnie's answer
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Answered on July 20, 2010
ARS 14-5206 states who has priority to be guardians. If the minor is 14 or older, they may nominate their own guardian, unless the court finds...
Archived
How long should it take to settle an estate?
Lonnie's answer
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Answered on July 20, 2010
7 months is not unusual for a probate or intestacy (probate without a will) in Arizona: 5-6 months is ususally the minimum. In most cases, it...
Archived
Can a child choose her guardian if her parents are unfit?
Lonnie's answer
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Answered on July 16, 2010
If the child is of suitable age and discretion (I believe it's 14 and up), the court can take the child's opinion into account.
Can a government civil service retirement pension be garnished.
Lonnie's answer
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Answered on July 15, 2010
Usually, no. Civil service pension is an exempt asset under 5 USC sec 8346(a).
You may be able to negotiate with her and have her assign a...
Archived
Garnishment
Lonnie's answer
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Answered on July 15, 2010
Yes, you can request a hearing: when the account is garnished, under Arizona law they are required to send you some paperwork (including a request...
Archived
Can a landlord register the residence under a business even though there are tenants still living there?
Lonnie's answer
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Answered on July 15, 2010
It sounds like Landlord is using the house (which he owns) as his business address: the ad may have been sent in to the paper before he rented to...
Am I responsible for a HELOC that only my now deceased mother signed?
Lonnie's answer
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Answered on July 15, 2010
Your mom gave the bank the right to foreclose on the house (or, legally, her undivided interest in the house) if the HELOC is not paid.
While you...
Archived
I rent, property just put up for short sale, must I continue to pay full rent to lease co. if the owner is not paying? what now?
Lonnie's answer
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Answered on July 13, 2010
Being up for short sale and owner not paying are two different things. Short sale means owner is trying to sell it for less than is owed: it...
Archived
How to File/Contest a Living Trust
Lonnie's answer
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Answered on July 12, 2010
If you do not have a copy of the trust, request in writing that he send you a copy. Once you have a copy, you can file a trust contest with the...
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