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Nevada Questions & Answers
1 Answer | Asked in Employment Law and Construction Law for Nevada on
Q: I worked for a property owner as a maintenance/handyman and had tools stolen off one of her properties. She

She had a caretaker/security person living on the property and was aware of the tools being on the property. I do have a copy of the police report in my possession. Who is financially responsible, other than the thief, for the stolen tools? I live in Nevada. We did not have a signed working... Read more »

John Michael Frick
John Michael Frick
answered on Jan 30, 2023

Other than the thief, the tools may be covered by the tool owner’s insurance policy. It is not uncommon for individuals who use tools in their occupation to insure those tools against theft.

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: Can I withdraw funds from my recently deceased dad's fiduciary bank account if I'm on it & no one else will contest it?

I have been my dad's guardian for over 10 years. I am also his heir. I have one sibling who isn't interested in the account. My dad didn't have a will. He only had a bank account that has a 100k balance. He has no debt and no other assets. I am trying to avoid attorney fees, etc.,... Read more »

Kirk Kaplan
Kirk Kaplan
answered on Jan 24, 2023

Appears your father died with a guardianship over his person and property. If so, final pleadings advising the guardianship court of his death. This will close out the guardianship. If your father died with the bank account you say no one else has an interest in the account, and you are not a pay... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Probate and Estate Planning for Nevada on
Q: I'm only child father passed away June 2022 he was unmarried has property in Nevada who has control over the house?

Relatives are living there rent free because of health issues. I want to store my dad's belongings there and they are telling me there is no room. I've heard my uncle is going to try and get it. What can I do or where do I start? There is no will. Do I have any authority at all? Please help

Delwyn E. Webber
Delwyn E. Webber
answered on Jan 3, 2023

Firstly, sorry for your loss.

Based upon what you have said, the house and dad's other assets will become yours as an only child, however the assets will most likely have to go through probate to become yours. You should consult with an attorney soon regarding opening a probate action...
Read more »

1 Answer | Asked in Real Estate Law, Probate and Estate Planning for Nevada on
Q: Dad passed away in June 2022 has property in Carson city nv unmarried and I am only child. Had no will. Who has control

Aunt and uncle live there rent free because of health issues. I've heard my uncle wants to take it over. Where do I Start?

Any advise would be appreciated.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 1, 2023

You probably own it as the sole heir. Hire an attorney to search the title, determine heirship, and possibly evict the relatives. If only a tenant in common, then partition may be in order.

1 Answer | Asked in Personal Injury for Nevada on
Q: Can security at a concert be held responsible if their actions cause someone to be paralyzed?

A concert goer jumped on stage to hug the artist and security threw him off stage onto his head causing him to be seriously injured.

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 21, 2022

Yes the injured person has a case. He should retain counsel for contingency fee representation in Nevada.

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: If I have joint physical and legal custody of my son, do I need written consent to travel with him to another state?

His mother gave me the okay via text message several months ago. As we get closer to the date of travel, she states that she does not want him traveling.

Janice Jacovino
Janice Jacovino
answered on Dec 2, 2022

Review your Decree or an Order from the custody or divorce case to determine the out of state travel requirements. If you do not have an order or decree then assuming the travel was on your time, and you notified the other parent with an itinerary and contact information then you have done what... Read more »

1 Answer | Asked in Criminal Law for Nevada on
Q: How is it legal for Nye cnty to have my partner in custody since July 23 without a court date? Can't get lawyer to reply

My partner is being held in Nye county, NV. There is no date on calendar for him and we can't get a hold of his attny. Both he and I have contacted his office and left multiple msgs with the receptionist for him to contact my partner. The last time he saw a judge was in district Court directly... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 1, 2022

you need to ask this of Nevada, not Calif lawyers.

if you keep calling I'm sure you will have no trouble making an appt with a lawyer...........if you are in a position to retain one.

1 Answer | Asked in Contracts and Collections for Nevada on
Q: What do I do if I the website and phone lines for the finance company that owns my car are down and I can't make a pymnt

I owe on my car and the website has been "under maintenance" and their call center is always closed during open hours, not allowing me to make a payment

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 23, 2022

There is always FedEx and the USMail.

1 Answer | Asked in Employment Law for Nevada on
Q: for hours that are worked overtime, can your employer bank your hours instead of paying for the hours worked overtime?
Rhiannon Herbert
Rhiannon Herbert
answered on Nov 22, 2022

I'm unsure of the exact question you're asking, but hopefully this information will help you: Under federal law, hourly-paid employees must be paid overtime, at a rate of 1.5 times their regular hourly rate, for all hours worked over 40 in a seven-day workweek. Entitlement to overtime pay... Read more »

1 Answer | Asked in Estate Planning, International Law and Probate for Nevada on
Q: I live in nevada but my father died 5 days ago in Cairo egypt. How do I get my Inheritance and life insurance policy's

I am an only child and my father wasn't married. My father was Muslim- I am not. I am female. My father told me about the bank accounts and investments and insurance policies he was leaving me. How do I get them when I'm in Nevada?

Kirk Kaplan
Kirk Kaplan
answered on Nov 19, 2022

An attorney familiar with Egyptian law will very likely provide a much better answer than I will. But just in case one does not leave an answer, maybe my answer will be a good start. In the US, the laws governing how property passes to heirs/descendants, depends upon residence of the deceased at... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: In the state if Nevada can I leave to south Carolina with the father of my child not being on the birth certificate,
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Nov 7, 2022

Moving a child out of state usually requires an agreement from the other parent or a Court Order. The fact that the father is not on the birth certificate, does not preclude the father from disagreeing with the move and filing a motion with the court. It is best to get an agreement or file a... Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: In a child custody order does removing a child from the state without permission mean move or vacation?

I have sole legal and physical custody of my child. I was reading through my order and came upon the part stating that neither party may remove the child from the state with out permission from the other party. I am understanding this as I may not move out of state without permission. I just wanted... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Nov 7, 2022

Yes, normally this is referring to 'relocating' with the child out of state. In order to relocate or move the child out of state, you will either need the approval from the other parent or a court order.

Taking the child out of the state for vacation, does not normally require...
Read more »

1 Answer | Asked in Family Law for Nevada on
Q: If a judge requses her self from a case due to conflict of interest can said judge still sign an order or tpo
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Oct 27, 2022

Not sure of the entire situation here, but.... A judge will recuse himself/herself from a case when they feel there is a conflict of interest present in their continue representation, therefore a recusal means no longer being involved in the case to sign any future Orders.

1 Answer | Asked in Family Law, Divorce and Real Estate Law for Nevada on
Q: My ex wife purchased a house while we were still married. I was once told that I am entitled to part of the house.

Since NV is a common law state am I entitled to part of the house/equity? Even if a quick claim deed was signed?

If so how do we claim this?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Oct 26, 2022

Nevada does not recognize common law, but is a community property state. This means that anything that is acquired during the marriage, debts, properties and/or assets are subject to equitable division upon a divorce. Thus the house that was purchased during the marriage would have been subject... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: My ex husband demands the car back that was a gift 5 years ago . his name is on the vehicle
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Oct 24, 2022

since there is not much information on this question, its safe to assume that since you state he is your EX-husband that you have a divorce decree. this decree should have included the division of all your marital/separate property and debts and the vehicle which you mention should have been... Read more »

1 Answer | Asked in Uncategorized for Nevada on
Q: I have a bout on my property that is abandoned for years. How can I get a title? Any particular form?

I’m sorry, it’s a boat.

Tim Akpinar
Tim Akpinar
answered on Oct 22, 2022

A Nevada attorney could advise best, but your question remains open for two weeks. Nationwide, forms for registering or titling boats is usually handled by state departments of motor vehicles, parks and wildlife, natural resources, or similar agencies. However, such agencies are not likely to... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: Do I qualify for alimony?

I am getting divorced. I will be living on my own for the first time, and due to inflation, I worry I can't afford it. My husband is well-off in terms of money, and I work two jobs and have a side hustle. Even then, one-bedrooms in my city are starting at $1300. I just want to be able to... Read more »

Janice Jacovino
Janice Jacovino
answered on Oct 19, 2022

Alimony is normally a factual analysis.

The court uses several factors to determine if Alimony should be awarded; what amount should be awarded and the time frame it should be awarded for.

Some of the common factors are:

• The emotional, physical and financial condition of...
Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Nevada on
Q: If my spouse is sued in Nevada am I liable

Following a car accident

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2022

A Nevada attorney could advise best, but your question remains open for two weeks. It's always possible in every case, but the other side would need to demonstrate that their damages exceed the limits of your policy. Unless the coverage is very bare bones with policy limits at the statutory... Read more »

1 Answer | Asked in Bankruptcy for Nevada on
Q: Does a UCC filing from a creditor terminate after filing chapter 7 bankruptcy and receiving a discharge?

The UCC was filed on 03/30/22, I filed bankruptcy on 05/10/22, because it was filed within 90 days prior to my bankruptcy filing does it become invalid? Thank you.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 17, 2022

No.

The filing of a UCC-1 by a creditor more than ninety days prior to a bankruptcy filing (so not a preference) creates a perfected lien against identified collateral/property.

Liens are not dischargeable in a Chapter 7 case; nor can they be stripped down (the Dewsnup case)....
Read more »

1 Answer | Asked in Immigration Law for Nevada on
Q: Is it hard to apply alone for F I130 and K3 visa?
Kyle K. Morishita
Kyle K. Morishita
answered on Oct 17, 2022

Form I-130 and Form I-129F are not overly complex on their faces. However, whether you should hire an attorney depends on the specific facts of your case. So, it is usually best to, at least, consult with an attorney. Additionally, USCIS approves either application, completing consular... Read more »

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