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Phoenix Real Estate Law Blog

Preventing a contestation of a will

A successful contestation of a will cannot simply come about because a member of the family is not happy with the will. Going through the process of the contestation of a will is not a simple one, and it also demands that there are valid grounds as to why the will is faulty or should be questioned.

In order for a person to be able to question the validity of a will, they must at a very minimum have a standing in the will. This means that they must be in-line to inherit at least some of the will that is being questioned.

Choosing the right real estate agent in Arizona

The competence of the Arizona real estate agent that you choose could mean the difference between a successful sale and an absolute failure. You could wind up stressed and lose both time and money. Therefore, it is vital that you not only do your research into reputable real estate agents, but that you also are aware of the some common "red flags"of an inept real estate agent.

Your real estate agent should be attentive to your needs and be willing to discuss your concerns when they develop. You may find that they don't respond to your calls in a timely manner or arrogantly dismiss your misgivings and insist that everything is going great. If so, it may be time to consider whether you should be looking for a new real estate professional.

How does an Arizona zoning adjustment take place?

In Arizona, countless hearings for applications made by a person or company requesting to change the zoning status of a piece of land or property come through every year. These decisions can effect dramatically the future of a homeowner or the potential success of a business, therefore, it is very important that the process is understood to the highest degree.

Taking Phoenix as an example, each application is submitted to the Board of Adjustment, which is a team in the planning and development department. The board is selected by the City Council, and this board is responsible for hearing all applications. They do this without pay, as a form of civic responsibility.

What are shared marital trusts?

When married couples start to plan their estate, they may realize that it is much more practical to set up a trust that they share together rather than to set up one individually. This process is known as a shared marital trust, or a shared living trust. Trusts mean that the transfer of assets from the grantors to the beneficiaries will avoid going through probate.

Shared marital trusts work by housing all of the couple's property. This means that together they are co-trustees and have a joint, equal right to all the assets within. To make an amendment to the trust, both parties must give consent. However, to terminate the trust, only one person needs to express the wish.

What do squatters’ rights mean for landowners?

It is unlawful for a person to enter a private property without explicit or implicit permission from the land or property owner. However, there are some rules that mean if a person commits the act of trespassing many times, or stays at a property or on a piece of land that they are trespassing on for an extended period of time, they have some rights to do so. This is known colloquially as "squatters' rights."

Squatters' rights are usually referred to under the law as "adverse possession." The rights given to a trespasser usually depend on the amount of time they have been using and perhaps living on the land or in the property. The rights can mean that the trespasser is able to continue use of the land while they may also be required to pay taxes and other related charges in regard to the property.

Can you challenge a zoning issue in your neighborhood?

How much say should you have over your neighbor's use of his or her property?

That's a thorny issue in any land use or zoning case -- one that has the potential to create a lot of big rifts between neighbors.

How to avoid having your will contested

When planning your will, you must have in mind all of the possible scenarios that could result after your death. You cannot take it for granted that your wishes will be blindly accepted and welcomed among all family members and loved ones.

There may be tensions, resentment and bitterness. This might manifest itself in one of the beneficiaries taking legal action to contest your will.

Pay off your mortgage or make an investment?

Many people dream of paying off their mortgage in full so that they can start to enjoy a debt-free life where they don't have to worry about making repayments every month. They even go so far as to make repayments that are above and beyond what they need to repay. But what if they were told that in doing this, they were investing poorly in their future?

This is a controversial debate and there are arguments for both sides. This blog will provide overview of the two sides of the debate to help you to decide how you should invest your money.

Adding lights to your motorcycle is a quick safety fix

When you ride a motorcycle, you are at an immediate disadvantage if a vehicle hits you. You are out in the open; you do not have the protection of a closed compartment reinforced by a steel frame.

There are safety measures you can take, however, and one of them is to add auxiliary lights to your bike to make it appear a larger, brighter object that is more visible to motorists.

How can landowners challenge their zoning regulations?

When a piece of land or property exists within a less favorable zone for the purposes that you intend to use it for, it can be a big problem. It can affect your ability to build, renovate and at the end of the day, it can vastly affect the price of the land or property when it comes to making a sale.

This blog will provide a brief overview into the options you as a land or property owner have in seeking zoning relief. It's important to remember that there are options available to you as long as you do your research and understand your legal rights.

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