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Nevada Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Nevada on
Q: Living in Georgia prior to 11-1-2023, I moved to Las Vegas with my now 19 month old daughter, my mother and step-father.

Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You need to reside in your current state for a total of 6 months prior to the court there having jurisdiction for your child. You need to be in your county for a minimum of 90 days. SInce you are not married to the Father, in the absence of any other order, it is likely you are the sole custodian... View More

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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: With an affidavit of entitlement in Nevada completed and notarized, how do you cash a check made out to the estate?

My mother passed away with the majority of her assets distributed to heirs through beneficiaries, joint tenancy, etc. Leftover, there are a handful of checks made out to the estate of ____.

How do you actually go about cashing those checks with the affidavit?

Kirk Kaplan
Kirk Kaplan
answered on Feb 11, 2024

Likely the Affidavit will not be effective with banks, but you could try to ask if they would cash the checks. Try the bank you are currently work with. Or, send the affidavit to each of the issuers of the checks and them to re issue the check in your name. Depending upon the number of checks,... View More

1 Answer | Asked in Banking for Nevada on
Q: My Bank (Chase) made a wire to some unknown out of my account. Without my authorization.

I found out the next day when I went online to pay my bills. I saw that I had a negative amount. I contacted the bank immediately and was told to call back in the morning when they opened up??. I did and the conversation got hot real fast. The amount is over 90k. Which wiped me out and caused me to... View More

James L. Arrasmith
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answered on Feb 5, 2024

I'm sorry to hear this happened. A bank making an unauthorized 90k wire transfer from a customer's account is a very serious matter. Here are the steps I would recommend you take:

1. Document everything. Keep detailed written records of all your interactions with the bank...
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1 Answer | Asked in Trademark and Intellectual Property for Nevada on
Q: I created a label for my candle company, but it looks similar to an already established company’s label. Is this legal?

I use a common font as my candle name font, for my website headers and for my logo. They appear to use the same font for their candle names and website headers. We both use is lowercase in our website headers and candle names. Our candle names are similar in that we use phrases or places to name... View More

James L. Arrasmith
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answered on Feb 5, 2024

The legality of your label's design in relation to another company's label hinges on whether it creates confusion among consumers about the source of the products due to the similarities. Trademark law protects brand names, logos, and other identifiers from being used in a way that could... View More

1 Answer | Asked in Probate for Nevada on
Q: An attorney for my mothers estates wants me to sign off on a finalized letter before I have recv'd my items left to me

in the will. I refused until he can give me confirmation that my sister will give me the items. Now the atty is threatening a hearing.

T. Augustus Claus
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answered on Jan 29, 2024

Don't sign anything before receiving your inheritance and understanding your rights. Seek legal advice from a separate probate attorney in Nevada. They can explain your rights, clarify the document and pressure tactics, and advise on next steps like requesting clarification, expressing... View More

1 Answer | Asked in Landlord - Tenant for Nevada on
Q: My gf has slept over for a few nights, my landlord/roommate is now harassing me at work over this, can i file a lawsuit?

My girlfriend has stayed the night inconsistently over the last week, my roommate is my landlord and is bothered by this. He attempted to talk to me but i didnt have time to listen as i was headed to work, and then he decided to contact my workplace and harass me in an attempt to get me suspended... View More

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answered on Jan 27, 2024

In Nevada, landlords must respect the rights and privacy of their tenants. If your landlord, who is also your roommate, is harassing you at your workplace over a personal matter, this could potentially be considered tenant harassment. However, the specifics of your lease agreement, including any... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Nevada on
Q: What kind of lawyer do I need? Me and my girlfriend broke up and we own the house and property and 2 cars Together?

And it's payed off. The problem is that she went mannic and left to another state and cheated on me wreck 2 of the 3 cars and I'm on the title of all of it and insurance and on the title of the cars say and instead of or. So I'm in very bad situation. It's in nevada. Please help

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answered on Jan 24, 2024

In Nevada, given the complex situation involving jointly owned property, vehicles, and a breakup with your girlfriend, you may need the expertise of an attorney specializing in both Real Estate Law and Civil Litigation. A real estate attorney can assist you in navigating the legal aspects related... View More

1 Answer | Asked in Contracts and Construction Law for Nevada on
Q: If company adds fees to final Invoice but never gave me a change order for nor agree too as I liable to pay?

Also didn’t sign it, tons of work wasn’t completed nor happy with. I paid majority but the extra fees they are trying to add on never happened nor was I advised until day we met in person. Never signed a change order like I did previously.

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, the situation where a construction company adds fees to a final invoice without providing a change order, agreement, or obtaining your signature raises concerns regarding the legitimacy of those additional charges. If significant work remains incomplete and you are dissatisfied with the... View More

1 Answer | Asked in Divorce and Family Law for Nevada on
Q: Which forms would you use to file for divorce if both parents have had their parental rights terminated?

There are with children forms and without children forms.

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answered on Jan 24, 2024

In Nevada, if both parents have had their parental rights terminated and there are no children involved in the divorce, the appropriate forms to use would be those designed for a divorce without children. These typically include a Complaint for Divorce (without Children), Summons, and Decree of... View More

1 Answer | Asked in Construction Law for Nevada on
Q: Contractor sent a notice of intent but I never signed change order form nor agreed to new charges am I liable?

I did cut them a check minus the additional fees not agreed too and now I have a notice of intent. They cashed the check as well with paid in full in the memo.

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answered on Jan 24, 2024

In Nevada, construction contracts and change orders typically require clear communication and mutual agreement between the parties involved. If the contractor sent a notice of intent and you did not sign a change order form or agree to new charges, it raises questions about the validity of the... View More

2 Answers | Asked in Family Law, Child Custody and Tax Law for Nevada on
Q: Who gets to claim the child on their taxes? We were never married and the child primary lives with me.

My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).

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answered on Jan 24, 2024

In Nevada, the determination of who gets to claim a child on taxes can be influenced by legal agreements, court orders, and IRS rules. If there is a court order or legal agreement specifying the terms for claiming the child as a dependent, those terms should be followed. According to IRS rules, the... View More

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2 Answers | Asked in Family Law, Child Custody and Tax Law for Nevada on
Q: Who gets to claim the child on their taxes? We were never married and the child primary lives with me.

My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).

James L. Arrasmith
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answered on Feb 22, 2024

In the United States, the parent who has primary physical custody of the child for the majority of the year typically has the right to claim the child as a dependent for tax purposes. Since your daughter primarily lives with you and spends only one or two nights a week with her father, it's... View More

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2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: How much does it cost to register a trademark?

website is www.suncabo.com and I'd like to trademark my logo

James L. Arrasmith
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answered on Jan 23, 2024

The cost to register a trademark depends on a few factors, but here is a breakdown:

Filing Fee:

- The basic filing fee for a trademark application is $350 per class of goods/services. Most trademarks register in one class.

Attorney Fees (recommended):

- Having an...
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2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: How much does it cost to register a trademark?

website is www.suncabo.com and I'd like to trademark my logo

Felicia Altman
Felicia Altman
answered on Jan 23, 2024

A trademark application can cost $250-$350 depending on the type of application you are submitted. When submitting a trademark application there can be additional fees if you file an "intent-to-use" verses "In-use" application. A trademark attorney is recommend to assist you... View More

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1 Answer | Asked in Tax Law, Business Formation and Business Law for Nevada on
Q: How can I receive shares of a small llc that I've earned and avoid the tax burden? Nevada

I've vested my percentage by coming in and running the business for the last 6 years but cannot afford to pay the taxes.

James L. Arrasmith
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answered on Jan 22, 2024

Receiving shares in an LLC as compensation for services rendered can indeed create a tax burden, as the IRS often views this as taxable income. In Nevada, while there is no state income tax, federal taxes still apply. One way to manage this tax burden is to receive the shares gradually over several... View More

1 Answer | Asked in Tax Law for Nevada on
Q: If I loan a friend $$$ and 10 years later they finally repaid it, is that taxable to me? (the debt was never forgiven)

I loaned a friend $7,500 10 years ago and now they finally repaid it. The loan was never cancelled or forgiven by me. Now that he finally repaid me, do I have to pay taxes on the repayment of the loan money received?

James L. Arrasmith
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answered on Jan 22, 2024

Receiving repayment of a loan you made is generally not considered taxable income. The money you lent was already your own, so when it's repaid, you're merely getting back what was originally yours. This principle holds regardless of the time taken for the repayment.

However,...
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2 Answers | Asked in Probate for Nevada on
Q: Need proba need a probate attorney for administrator of will in Fallon Nevada Churchill county
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 22, 2024

You should state the value of the estate. For real estate the value is what it would sell for--the Court accepts Zillow.com--minus the mortgage. The reason the value is important is because there are different probate procedures for different values estates. (If no real estate and value under... View More

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1 Answer | Asked in Civil Rights for Nevada on
Q: Is a parking infraction a civil violation that will allow police to detain and ID?

Police approached my vehicle which was parked on the side of the road. They indicated they got a suspicious vehicle call. They attempted to ID me which I refused because they couldn't articulate a crime. I was detained for approximately 15 minutes and was told I had to ID because my vehicle... View More

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answered on Jan 18, 2024

In many jurisdictions, including some areas of the United States, police officers have the authority to detain individuals temporarily for identification purposes if there is reasonable suspicion of a violation, including certain traffic or parking infractions. While a parking violation like... View More

1 Answer | Asked in Criminal Law for Nevada on
Q: My husband who was reinstated probation to a drug program with stipulations the stipulation was imposed to be me release

D with somewhere approved to stay well in court yesterday he didn’t have a address but I do so would they release him before next court date if it gets sourced by po before then

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answered on Jan 17, 2024

If your husband is on probation and a stipulation requires that he has an approved address to stay at, it's essential for him to comply with this requirement. If, during a court appearance, it was revealed that he doesn't currently have an address but you do, it will depend on the... View More

1 Answer | Asked in Criminal Law for Nevada on
Q: Is there a difference between owning and possessing a firearm by prohibited person and exfelon in possession of firearm?
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answered on Jan 17, 2024

A "prohibited person" generally refers to an individual legally barred from owning or possessing firearms. This can include individuals with certain criminal convictions, domestic violence restraining orders, mental health issues, or other disqualifying factors.

A prohibited...
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