VIDEO: Construction Defect Law

By Platt & Westby, P.C. | July 30, 2018

Cracks in your foundation, a leaking roof, water damaged walls, among other issues can all indicate the presence of serious defects in a home’s construction.  Fortunately, the law holds builders and contractors accountable to their customers, and in many cases, requires them to repair or pay for repairs to the home. Homeowners affected by construction defects have a number of options at their disposal.  First, they can seek help from the Arizona Registrar of Contractors.  The Registrar may require the…

Divorce And Life Insurance

By Platt & Westby, P.C. | July 23, 2018

A Court in Arizona has just granted you spousal maintenance and child support in your divorce case. How can you ensure that your children will continue to be provided for in the event that your spouse dies before those obligations are fulfilled? One option is to require your spouse to obtain or maintain a term life insurance policy in an amount sufficient to fully cover the total financial obligation in the event of a death. In Arizona, an ex-spouse is…

Arizona Child Support Collection

By Platt & Westby, P.C. | July 12, 2018

Collection of Child Support is often difficult, but government, State and Federal, wants payment to be made and has provided a large amount of help. If a parent does not pay child support, he or she is subject to enforcement measures to collect regular and past-due payments.

Prior to 2006, there was a three year statute of limitations for collecting on a judgment for child support arrears. The statute of limitations for collection of child support was eliminated in 2006. The following are some of the enforcement measures for collecting past due child support.

Guardianship And Conservatorships For Adults

By Platt & Westby, P.C. | June 11, 2018

As grandparents, parents or other family members grow older, they often get to a place where they need the assistance of others to make decisions regarding their persons or their property. At those times, when prior planning has not been accomplished or is not sufficient, Court intervention may be necessary in the form of a guardianship and/or conservatorship. A guardian is a person appointed by the Court to make decisions for a Ward concerning personal care issues such as healthcare…

Should I Reaffirm My Debt in Bankruptcy?

By Platt & Westby, P.C. | May 23, 2018

When you file a Chapter 7 bankruptcy and have a car loan, a mortgage, or other secured debt for personal property, there is a good chance that the lender will send you a reaffirmation agreement to reaffirm the debt. Reaffirming a debt in bankruptcy means that you are agreeing to remain legally obligated to pay that debt, despite having filed a bankruptcy that would otherwise discharge it. Typically, it is not in a debtor’s best interest to reaffirm a debt…

How Do I Get A Conservatorship For A Minor?

By Platt & Westby, P.C. | May 15, 2018

Acting as a conservator for a minor is a difficult but important task. A conservator must use the assets of the minor only for the minor’s support, care, education or benefit and never for the benefit of the conservator. If a conservator is misusing a minor’s funds in some cases they can be exposed to potential personal liability or court sanctions.

Will or Trust Contests and How to Avoid Them

By Platt & Westby, P.C. | May 2, 2018

Learn how to protect your estate plan from litigation after your passing.

Trustees Not Personally Liable When Entering Contracts On Behalf of the Trust

By Platt & Westby, P.C. | April 24, 2018

Did you know a Trustee is protected from personal liability when entering into contracts in their fiduciary capacity? This does not protect the Trustee outright, particularly if they are mishandling the estate. Learn more here.

Boundary Disputes

By Platt & Westby, P.C. | April 12, 2018

Boundary disputes, which are disagreements regarding who owns a piece of property, can be quite common. Boundary questions often arise when a property owner makes an improvement, such as building a fence.

For example, when you are raising a fence outside of your house, you may unknowingly be placing your fence on your neighbor’s property. On the other hand, you may be erecting the fence entirely on your property, but your neighbor may argue that the fence is encroaching on his property. It is important that any issues concerning boundary disputes get resolved in a timely manner.

Personal Liability For An Executor/Personal Representative

By Platt & Westby, P.C. | March 15, 2018

Persons who have been nominated to serve as a personal representative under a Will often express a concern that they may become liable for the debts of the deceased person’s estate. The answer to this is a qualified no.  In the normal course of administering a probate estate, the Personal Representative should not become personally responsible for debts of the estate.  However, a Personal Representative must take care, when transacting estate business, to: Disclose the representative capacity of Personal Representative,…

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