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Recent Posts

Deed of Release By Heirs

By Platt & Westby, P.C | August 16, 2017

Buying and selling real property is an exciting and daunting prospect for many people. Whether it is raw land, a first home, or commercial real estate, transactions for real property can often face numerous obstacles. There can be issues with financing, the property itself or even getting marketable title. These issues can arise on the side of both the buyer and the seller. Some of them can be quite simple to resolve and some you may need the help of…

Spousal Maintenance in Arizona

By Platt & Westby, P.C | August 4, 2017

Spousal maintenance, formerly known as “alimony,” is intended as support so the parties can each maintain similar comforts as they did when they were married. Spousal maintenance is separate from the division of assets in a divorce or child support. Contrary to popular belief, spousal maintenance is never automatic. In order to be awarded spousal support, the Court must make a finding that a party is entitled to an award. Arizona Revised Statute §25-319(A) enumerates the following reasons where spousal…

Judgment Renewal Reminder

By Platt & Westby, P.C | July 28, 2017

Within the space of just one week we recently were contacted by two individuals who wanted to either renew a judgment or collect their judgment.  In both cases we had the unpleasant task of letting each person know that it was too late; their judgments were too old. Judgments in Arizona are good for only 5 years.   They expire if not renewed by the filing of a renewal affidavit within 90 days prior to their 5th year anniversary.  ARS 12-1612. …

Do I Have A Case?

By Platt & Westby, P.C. | June 2, 2017

We are often asked this question. Most of the time, the answer is “yes.”   Peoples’ instincts are usually correct.  When something happens that seems wrong, in most cases there can be a legal remedy.  However, this question is a bad one and does not lead to a helpful answer.  A better question is “do I have a case that is worth pursuing in court?”  When this question is asked, most of the time the answer is “no”.  Obtaining answers to…

Overview of a Lawsuit

By Platt & Westby, P.C. | May 19, 2017

The term lawsuit has come to have a negative connotation, however, there are many reasons to file a lawsuit that are non-confrontational.  Lawsuits can be filed to get a clear title to sell a house, or to open a probate to distribute the estate of a deceased loved one.  Sometimes however, disputes do arise, and whether a lawsuit is being commenced or defended against, many questions undoubtedly arise.  While this article is by no means all inclusive, it is meant…

What are the Legal Consequences of Polygamy?

By Platt & Westby, P.C. | May 4, 2017

Polygamy is the marriage to more than one person at a time, whether legally or spiritually, and it is currently illegal in all 50 states. The Arizona Constitution prohibits polygamous legal marriages, therefore making such marriages void (having no legal or binding effect). Let’s look at the relationship between Ryan, Amy and Sara to see how they are effected. (Ryan, Amy and Sara are fictitious characters for the purposes of this article, but their situation is not as rare as…

Aging and Financial Abuse: What Can Happen and Prevention

By Platt & Westby, P.C. | March 2, 2017

Senior financial abuse scams are a multi-billion dollar industry. Learn how to spot the perpetrators and prevent this from happening to you and your loved ones.

Litigation 101

By Platt & Westby, P.C. | February 17, 2017

Learn about litigation and how to decide whether your claim is worth your time in court.

Transmutation of Sole and Separate Property

By Platt & Westby, P.C. | February 10, 2017

How can Arizona’s community property laws destroy my sole and separate property? Learn how to prevent transmutation of sole and separate property and plan for the future.

Recording False Documents – Not All Misstatements Are Material

By Platt & Westby, P.C. | January 13, 2017

Minor errors in false documents should not result in liability under A.R.S §33-420.