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Nevada Questions & Answers
1 Answer | Asked in Probate for Nevada on
Q: My uncle recently passed I am the only living next of kin, how do I find out if he had a will.

He had a wife who passed yes before him, she had children but not his. He has a home but I don’t know how to get access which is probably where the will is.

Jonathan Craig Reed
Jonathan Craig Reed
answered on May 17, 2022

A person having an original Will (not just a photocopy) is required by law to file it within 10 days after the Will writer dies. This is not strictly enforced. Some people are slow to file a Will or begin probate. However, you can search for filed Wills by name on the Clark County Court website.... Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: My home was just feeds over to me quit claim and my mother was in a loan modification , do I need to qualify for this ?
Michael E. Smith Sr.
Michael E. Smith Sr.
answered on May 13, 2022

Your question as written does not make sense. You might think it through and try again with more details. Otherwise, you could consult with a Nevada attorney.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I need case law that its against Nevada state law to name two Nonprofit LLCs as Beneficiaries after being Revoked.

Case law to support my argument.

Michael E. Smith Sr.
Michael E. Smith Sr.
answered on May 13, 2022

There's not enough information here to understand and answer your question. You may want to add more details and resubmit your question, or contact a Nevada attorney for help.

2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: In Nevada, if quitclaim deed (adding spouse) does not specify JTWROS, is it assumed right of survivorship?

Spouse dies, does deed transfer upon presentation of death certificate?

Delwyn E. Webber
Delwyn E. Webber
answered on May 12, 2022

No, it is not assumed, and even if it was JTWROS, presentation of the death certificate is not sufficient.

You should consult with an attorney, as there are a few things to consider before it can be determined how best get the house transferred.

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Nevada on
Q: can i sue for not having hot water or heat for 5 months from a gas leak in my apartment? plus more

Please let me explain. I have lived in this apartment in Henderson, NV for a year now. Approx 10 months ago I was having breathing problems (only inside the apartment) and documented it. 5 months ago I figured out there was a natural gas leak and the gas company shut the gas off at that time. The... Read more »

Tim Akpinar
Tim Akpinar
answered on May 11, 2022

A Nevada attorney could advise best, but your question remains open for two weeks. Your question straddles two separate categories and I could only speak about the personal injury aspects. You mention that your breathing problems are documented. If you mean by medical records, those could be... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: In Nevada, when determining the estate value, does that include the house that is going to surviving spouse?

Deed was joint with right of survivorship

Kirk Kaplan
Kirk Kaplan
answered on May 11, 2022

Probate is about clearing title of the name of the deceased from property the deceased owned individually - not with someone else like Joint tenancy WROS, so the answer is no.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Nevada on
Q: I need a lawyer that knows about filing appeals Under NRS233B.130 on an Administrative Hearing What type of lawyer?

What type of lawyer do I need?

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on May 11, 2022

You want an Admin. Law attorney but we are unable to assist you at this time, so you can call your local County Bar Association (Clark County, etc.) and secure a referral to qualified legal representation. However, I wanted to caution that you are required to file within 30 days of the adverse... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: My husband and his ex fling have joint custody through mutual agreement, however the ex and I are the ones who agreed on

this and I have him more than his dad because my husband works out of state. We have been doing this arrangement for a year now, and just today she told me she is keeping their son on Sunday (which is the day we always switch off) because of Mother's Day and she still wants him back the... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on May 10, 2022

Since it appears from your question that there is no legal custody order in place, Mom has the right to keep her son if she chooses without legal repercussions. I suggest that Dad file for custody and get a legally binding order in place for his custody rights and avoid any future issues like... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Hello my ex and I broke up in 2014 I moved to Texas and she stayed in Nevada. Well I’n 2015 she had me served with

Custody order wanting sole custody. Well I wasn’t able to make it to court so judge gave her sole custody and I have no rights or visitation. But in 2016 I moved back to Nevada to be in my daughters life. I’ve been around my daughter for almost 5 and half years. I’ve taken her places bought... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on May 10, 2022

I believe strongly in retaining counsel whenever you have a legal matter regarding custody of children. These cases can get very complicated and you are fighting for the most important and fundamental right as a parent. It should be handled by an experienced attorney to get you the best possible... Read more »

1 Answer | Asked in Family Law and Immigration Law for Nevada on
Q: How to I get a copy of certificate that show that my name was legally changed during naturalization?

I just need an Affidavit signed by court saying her name was modified; changes from Jingle Melton to Cloe Melton.

Kevin L Dixler
Kevin L Dixler
answered on May 9, 2022

You will have to file a form N-565, pay $555, and wait. The current processing times can exceed 11.5 months. For more information, go to www.uscis.gov or schedule an appointment with a competent and experienced immigration attorney.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Nevada on
Q: disabled rights in nv. and found out estate sold all no reports
Tim Akpinar
Tim Akpinar
answered on May 9, 2022

A Nevada attorney could advise best, but your question remains open for a month. The issues of the question are not fully clear. There's no guarantee every question here is picked up, but you could add a few categories and repost. That might improve your chances of an attorney in the relevant... Read more »

1 Answer | Asked in Collections for Nevada on
Q: I live in Nevada. I was just served papers, the woman handed them to me did not sign anything and left?

I was served papers hand to hand by a woman she didn't sign anything at all. I have this all on video and audio. The papers are for debt summons. Don't they have to sign a receipt copy and give it to me? I was told by a coworker they have to sign it when they give it to me.

Joel Gary Selik
Joel Gary Selik
answered on May 4, 2022

The proof of service does not have to be signed in your presence or given to you.

Look for an attorney who handles Fair Debt Collections Practices Act cases.

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: Can I file a complaint against an Nevada RE agent that owes a substantial amount of c/s arrears?

He owes $25K in arrears and was being garnished but now has his commission checks cut in his RE partners name to avoid further garnishments

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on May 2, 2022

I am assuming that you have an order from either the family court or DA's office as the father has been garnished. You can either contact the DA's office and request they investigate further into his income or file a motion with the family court.

Because the arrears are over...
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2 Answers | Asked in Family Law for Nevada on
Q: Im married and live in nevada state my husband and i have a child together . We are separating and ive decided to move

Back to California with my grandmother . I want bring my son with me back to California without getting in trouble or charge with kippnapping.

Janice Jacovino
Janice Jacovino
answered on Apr 28, 2022

At the very least you want to get his agreement in writing. The safest best would be to open a court case and file the agreement in that case.

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1 Answer | Asked in Divorce for Nevada on
Q: What part of NRS.150 specifically says that the alimony recipient can no longer receive alimony after remarriage?
Janice Jacovino
Janice Jacovino
answered on Apr 28, 2022

Look at Paragraph 6:

NRS 125.150  Alimony and adjudication of property rights; award of attorney’s fee; postjudgment motion; subsequent modification by court.  Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement...
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1 Answer | Asked in Divorce for Nevada on
Q: Divorced, I staying in the home.. He moved to Florida 4 years ago. I'm ready to sell. Is he entitled to anything?

I'm looking for some information. Me and my ex divorced in 2018. I stayed in the home and he moved to Florida. He's been gone for the last 4 years. I'm ready to sell the home. I wanted to know what may happen. Is he entitled to payment since our names are both on the home?... Read more »

Janice Jacovino
Janice Jacovino
answered on Apr 26, 2022

His entitlement will be based on the wording of your divorce decree.

1 Answer | Asked in Family Law for Nevada on
Q: What motion do i file to "withdraw" or "vacate" another motion?

I filed a motion for relocation with child that I now want to "cancel" because I cannot afford to move with her and was only moving with the promise of help from her father which he has now revoked.

Janice Jacovino
Janice Jacovino
answered on Apr 26, 2022

If the other parent has not responded to your motion you can simply file a Notice to Vacate the Hearing.

If the other parent has responded. You will need an agreement from the other parent to Vacate the Hearing. This would be call a Stipulation and Order to Vacate The Hearing.

If...
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1 Answer | Asked in Family Law for Nevada on
Q: Outside of LexisNexis, where would I be able to find case law for grandparent visitation and cancelation thereof?
Janice Jacovino
Janice Jacovino
answered on Apr 26, 2022

We have several options for locating law and forms. Below are a few.

The Librarians at our Law Libraries are extremely helpful. They can help with forms and law.

https://www.clarkcountynv.gov/government/departments/law_library/index.php

The UNLV Law Library...
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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: MSA agreement .In the MSA agreement my x was awarded time during fall break in my s school there was no fall break .

he took me too court for contempt he was granted 5 days of Xtra parenting time.can he add that to his already long 16 day time-frames in summer or do I have a right to say no.

Janice Jacovino
Janice Jacovino
answered on Apr 26, 2022

Normally with proper notice he can add the awarded 5 days to any time period he wants with limited exceptions. For the most part, holiday's and the other parents vacations or special days are off limits. Review the Order which gave him the additional time for specific's. You may also... Read more »

2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Dr appointment. Me and my ex-husband have a joint custody. I've been asking him for doctors

That are approved for by his insurance. My son has been sick throughout the year school year I picked out two doctors made appointments because he hadn't give me his doctors that he suggested. Then he decides to go and find a doctor and take him to the doctor. I still want them to go to a... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 19, 2022

If the custody order awards you both joint legal custody, then you both have the right to take the child to doctors if needed. it is important that you both discuss the choice of doctors as the court is expecting you both to co-parent. Please know that with joint legal custody, one parent cannot... Read more »

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