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Nevada Questions & Answers
1 Answer | Asked in Real Estate Law and Small Claims for Nevada on
Q: I bought a mobile home from an individual That was parked in a mobile home park and a few weeks after I bought it

It was auctioned off because they owed back space rent can I press fraud charges on them in Nevada

Janice Jacovino
Janice Jacovino answered on Nov 18, 2020

For fraud or any other suit against the seller it will depend on your contract or agreement.

If you do not have a written contract or agreement then you can still file a case but it becomes a he said/ she argument that can be hard to prove.

To file a suit against someone you need to...
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1 Answer | Asked in Family Law for Nevada on
Q: how can i see my kid if mother is willing but grandparents dont let me near the kid or around the house period??

grandparents filing a restraining order against me on no cause and wont allow me to see or be near my kid and have no custady rights when im the father and the miother is willing to let me be their and around my kid

Janice Jacovino
Janice Jacovino answered on Nov 18, 2020

If you do not already have custody orders then you need to file a custody case and seek custody and/or visitation with your child.

If you already have custody orders then you can file to enforce them. You can also call the police for a civil stand by to help facilitate visitation....
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Nevada on
Q: I was granted temp custody in a tpo case in california. No other custody order was made and nevada became kids resident

I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?

Janice Jacovino
Janice Jacovino answered on Nov 18, 2020

Where to file depends a few factors.

- If you already have an open case then file where you have the open case.

- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once...
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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: My dad owned a business, he passed and there's a questionable will.

The second my dad died, my aunt started asking about a will. My mom, my dads accountant and my aunt agreed to meet in the morning and go through my dad's office together. The next day at 7am my aunt was already at the office tearing it apart in search of a will.

My aunt ended up... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you suspect foul play then you need to immediately retain an estate litigation attorney to discuss all details of this case. The other thing you should do is check with the attorney that wrote the old will to see if he updated it. If that yields nothing, then see if you can determine who his... Read more »

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2 Answers | Asked in Child Support for Nevada on
Q: What is the law if the child lives in Nevada and the non custodial parent lives in Louisiana how can arrears be enforc
Janice Jacovino
Janice Jacovino answered on Nov 11, 2020

Child support arrears from another state can be enforced where the non custodial parent lives.

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2 Answers | Asked in Bankruptcy for Nevada on
Q: My late mother paid a lawyer to file bankruptcy and paid him over $1000. Is her estate entitled to a refund?

My mother died while in the bankruptcy process with a lawyer, but when I asked another lawyer to search bankruptcy databases, he found nothing. So is my late mother's estate entitled to a refund from her lawyer?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 11, 2020

Probably not. Most of the lawyer's work in a consumer bankruptcy, Ch. 7 or 13, must be done before the bankruptcy case is filed. Certainly, the Estate representative can request an accounting/refund from the bankruptcy lawyer, but you can expect that he/she will prepare a bill, showing time... Read more »

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1 Answer | Asked in Child Support for Nevada on
Q: I file child support on my ex husband cus he didn't pay me last months. Due to loss of job. Can he come after me?

Can he come after me if I make more money than him? Or have a job.

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 9, 2020

Either parent has the right to motion for a child support modification at any time. However, in Nevada, the judge will only consider granting a modification if there is at least a 20% change in income for either parent (the one receiving or the one providing child support). If a formal child... Read more »

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: Hello I am writing because I dont feel like he had a fair trial and I would like to have his case appealed
Tim Akpinar
Tim Akpinar answered on Nov 8, 2020

A Nevada attorney could advise best, but your question remains open for two weeks and time is very much of the essence when it comes to appeals. Unlike statutes of limitations or notices of claims, where deadlines can be in the order of years or months, timelines for appeals, as a GENERAL MATTER... Read more »

3 Answers | Asked in Bankruptcy for Nevada on
Q: Can I file chapter 13 bankruptcy on 2 loans that my ex Cosigned on if my divorce decree states I will take on the debt?

My ex-wife co-signed a personal loan and vehicle loan while we were still married. Our divorce recently finalized and in the divorce decree it states that I will take responsibility for both loans. I am past due on both loans due to loss of income. I had to switch jobs due to medical issues.... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 7, 2020

This needs the attention a good, local bankruptcy lawyer.

On general principals a Chapter 7 can discharge your obligations, but that does not discharge the debt on her part--she still owes it. Depending on the terms of your divorce decree it is possible that the divorce court could still...
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1 Answer | Asked in Products Liability, Elder Law and Nursing Home Abuse for Nevada on
Q: During COVID, special instructions for facilities that require residents to undergo mandatory daily breathalyzer,

Are recommended. Shouldn’t there be a recall-like manufacturer intervention to make sure that institutions are not spreading COVID by incorrectly using the breathalyzer equipment?

Tim Akpinar
Tim Akpinar answered on Nov 6, 2020

A Nevada attorney could advise best, but your question remains open for three weeks. The point you raise has elements of ethics in it. Like a recall action that you mention, one could ask whether it is the right thing to do. Would it help save lives? Would it expose the company to more liability...... Read more »

2 Answers | Asked in Family Law for Nevada on
Q: Can my daughter decide who wants to live with it? She is 16.

What form i need to fill out, to get custody of my daughter?

Janice Jacovino
Janice Jacovino answered on Nov 2, 2020

Generally speaking in custody cases the court bases its decision on the best interest of the children. One of the factors when attempting to determine the best interest is preference of the child. If you file a motion with the court to change custody, include that your daughter wants to lives with... Read more »

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2 Answers | Asked in Divorce and Family Law for Nevada on
Q: Financial abuse

My husband has decided that he will only pay for the house payment and all of the other money is his. I only make enough money to cover medical insurance. He has paid all of the other bills for 25 years. He has decided that all of the money is his and too bad for me. Should I file separation and... Read more »

Janice Jacovino
Janice Jacovino answered on Nov 2, 2020

I am sorry for the way you are being treated. Only you can decide if you are ready to file for separation or divorce. You can request support with both a divorce or with a legal separation.

Also, once you file with the court you can also file for a request for Joint Preliminary Injunction....
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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My mother was recently murdered she owned a house in Las Vegas, Nevada. She had no will. And I live in California

Since I live out state how do I petition the state for her house property?

Jonathan Craig Reed
Jonathan Craig Reed answered on Nov 2, 2020

You will need to hire a Nevada lawyer to probate her estate. If she was married and her spouse was not the murderer there would be a split of her estate between her children and spouse unless her estate is less than $100,000 in which case it would probably all go to her spouse. If she was unmarried... Read more »

2 Answers | Asked in Child Custody for Nevada on
Q: What form i need to fill out the get custody of my daughter? She is 16 years old.

I move to Vegas 7 months ago, she move with me 3 months ago, my case in San Diego. Can I fill out the paperwork from where i live?

Janice Jacovino
Janice Jacovino answered on Oct 28, 2020

You can file in California to modify the current custody order.

Once your daughter has been in Nevada for 6 months. You can file a Petition for Registration of an Out of State Custody Order in Nevada. Once the Petition has been approved/ordered by the court, then you can file to modify the...
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1 Answer | Asked in Immigration Law for Nevada on
Q: Still waiting for I-751 schedule interview after RFE was requested

On RFE, I was not able to provide joint bank statement because it was closed for a reason that we cannot reconcile our expenses and decided to have our bank account and share expenses. lease of apartment agreement which we don’t have bec. We’re leaving in a friends house. We filed tax... Read more »

Kyndra Mulder
Kyndra Mulder answered on Oct 28, 2020

The supporting documents provided for a marriage vary by the copules circumstances. An attorney will need to sit down with you in a consultation and discuss your situation, documents yo may be able to provide, and, oral testimony.

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: I've been paying child support for about 12 years now faithfully. My name isn't on the birth certificate what can I do?

I receive unemployment and only get $331.00 a week and child support takes 50% of that so I make about $550.00 a month now. I've truly been struggling. How can I get some help? I've tried to keep in contact with my daughter for all these years with no success. The last time I seen her was... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Oct 22, 2020

In order to modify child support payments, you must file a motion with the court demonstrating a 20% change in income since the current child support order was ordered. Otherwise, you may motion the court for a child custody modification which may impact the amount of child support ordered if a... Read more »

1 Answer | Asked in Landlord - Tenant for Nevada on
Q: How do I kick out a grown child who doesn’t pay rent and was told to move out in a month?

She moved back in after being kicked out by a boyfriend and was told she could live with me if she followed my rules and if she did she had until April and if she didn’t the date would change. She hasn’t and I told her that she had a month to move out because I want her gone and she is... Read more »

Janice Jacovino
Janice Jacovino answered on Oct 17, 2020

I am sorry you’ve been put in this situation. If she’s an adult you must follow the normal eviction procedures including timelines and notices.

2 Answers | Asked in Family Law for Nevada on
Q: Do I need another move away order or a change in visitation?

I received a move away order two years ago to move out of state with my daughter. Now that I am finishing my education I would like to move to a different state. My daughter is about to be 13 years old and would like to also voice her opinion in regards to visitation but I have not perused that... Read more »

Janice Jacovino
Janice Jacovino answered on Oct 15, 2020

Congratulations on finishing your schooling. It is understandable that once school is done that you may want to relocate. Normally, you should consult with the other party to see if he will agree to the move.

If he does not agree to allow the move, depending on your order, you may need to...
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1 Answer | Asked in Land Use & Zoning for Nevada on
Q: Is a swimming pool owned and controlled for the exclusive use of the members of a home owners association considered a “

“Public pool”

Tim Akpinar
Tim Akpinar answered on Oct 12, 2020

A Nevada attorney could advise best, but your question remains open for four weeks. It could depend on how "public pool" is defined in municipal or other applicable regulations. In general terms, based on this description, it does not appear to be public in nature. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law for Nevada on
Q: Is my boss able to take all of my tips at the end of the night & divide them with everyone including the dishwasher.

The cook gets paid higher than me, and he takes my tips and splits with them including himself. I only receive a quarter of my tips by the end.

Christopher B. Hall
Christopher B. Hall answered on Oct 5, 2020

Federal law prohibits an employer from using your tips to pay managers or non-tipped employees such as cooks. You probably have a good claim under federal law if your restaurant is covered by the Fair Labor Standards Act (FLSA). Most restaurants are covered by the FLSA. Your restaurant is... Read more »

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