Claimed Lawyer ProfileQ&A
Arizona Real Estate, Probate and Business Attorney. Trusted legal services, statewide, since 1980.
- Real Estate Law
- Business Law
- Credit Cards Accepted
All credit cards accepted.
Jurisdictions Admitted to Practice
- 9th Circuit
- English: Spoken, Written
- Attorney since 1980
- STEPHEN J. GONZALEZ, P.C.
- University of Arizona
- J.D. (1980) | Law
- Activities: Editor, Law and Human Behavior Journal
- University of Arizona
- B.S. (1977) | Business and Public Administration
- Honors: Pi Alpha Alpha Honor Society
- Activities: Fencing, Gynmastics
- Pima County Trial Court Nominating Commission
- Pima County Volunteer Lawyers Program
- 9th Circuit Court of Appeals
- - Current
- US Federal District Court, Arizona
- - Current
15 Questions Answered
- Q. My mother just passed and a girl was watching over her that she just met she had everything put in her name and power of
- A: You need a lawyer.
- Q. Hi, If an personwith no will dies & leaves credit card bills, are the heirs liable for them?
- A: No, unless those debts were incurred during a marriage then the spouse may be liable. However, if there are assets in the estate, heirs who receive those assets can be liable to the extent of the value of the assets. Decedent's assets are to be used to pay debts before distributions to heirs.
- Q. I am executer of my father a estate three years ago . And I don't remember if I closed it or not. . How do I find out?
- A: Review the court's probate file. It will have the Closing Statement and such if you filed it. If not, it should be closed if all assets have been distributed and debts paid,
- Q. My late husband had debts that far exceeded his assets. The house was deeded as right of survivorship.
- A: The real property is controlled by the deed and is not part of the probate estate due to the survivorship right in the deed. Youir late husbands part of household goods, appliances, and wedding gifts and other personal property are the probate estate; the other half is already yours.
- Q. Are you required to sell the house to satisfy creditors showing outstanding debt/judgments on credit report of decedent?
- A: You are not required to sell the assets but the debts should be paid to the extent of the value received by inheritance. Estate assets should not be accepted without paying the decedent's debts. Also, the is a federal law called the "Garn Act" that prohibits a lender from demanding the full balance by reason of the death. In other words, you should still be able to make the mortgage payments in monthly installments.You do not have to assume the loan but can take title to the property "subject to" the mortgage. Also, many creditors will accept less than the full balance for a lump sum payment. You should consult a probate lawyer.
- Q. What is the difference between re recording and correction of a document?
- A: The correction of a previously recorded document is re-recorded in order make the correction on the public record: mistake in legal description; omitted marital status; and so on. The re-recorded document should reference the recording info for the document that is being corrected.
- Q. buyer in Arizona asking for pre-occupancy agreement
- A: Yes it does put you at risk. Too many potential issues if the sale does not promptly close. Not a good idea. If you do it, you should have a well drafted pre-occupancy agreement and get a deposit.
- Q. Is there a contract if a counter was made by seller, accepted by buyer, but not communicated or delivered to Seller?
- A: No contract. Commission not likely due. It depends on the contract terms with the agent.
- Q. I sold home. New owners parked an RV in backyard in which a water pipe broke. New owner says we should now pay repairs.
- A: Tell them "no" as having no factual or legal basis for a claim against you. It sounds like they caused their own leak but it is likely that you did not warrant any physical condition of your former home past the time escrow closed. The usual warranty in the sale agreement is that everything is in good working order at the time of possession or close of escrow, whichever is first. It appears that the leak is part of the new owner's responsibility.
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