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Nevada Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Business Law for Nevada on
Q: If I will be serving alcohol in my resto, can non-servers (bussers, kitchen staff) be below 21 years old?

I have a restaurant and I will be serving alcohol soon. I understand that servers or anyone who will be handling the liquor (like bartenders) should be of legal age. How about non-servers like bussers, kitchen staff, and chefs? Do they need to be of legal age? Or can they be below 21 as long as... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Typical lawyer answer: IT DEPENDS. You said the "bussers, kitchen staff and chefs" Are they handling alcohol in the performance of their duties- handling alcohol to be served to customers, not used in food preparation? Many dishes call for alcohol to be added: Bananas Foster, Cherries... Read more »

1 Answer | Asked in Probate and Estate Planning for Nevada on
Q: Good morning. My mother died around 11 yrs., my step father died in December 7th. His will and trust say to gather and

Divide all of his assets between the beneficiaries. My stepsister told my blood sister that they we’re getting a 2mil life insurance payoff and that they won’t be splitting it up as per the trust. Can she do that?

Nina Whitehurst
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Nina Whitehurst
answered on May 22, 2023

Your question is missing important facts. The life insurance must be paid according to the death beneficiary designation that the owner specified for the policy.

If the death beneficiary is the trust, then the proceeds must be distributed according to the terms of the trust. The trust...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Nevada on
Q: Can a nevada DA in family court file a direct file in child neglect case if I was a victim of dv and skip 72hr hearing

For child removal and go right to assigning lawyer than trial and not allow I or my children's father to speak at not one court hearing except trial for 432.nrs in nv and now approve my lawyer to quit and not assign me any counsel and I fight this on my own.

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

Laws can vary depending on your jurisdiction, so it's important to consult with a legal professional who can provide advice based on the specific laws in your area. Based on my experience as an Ohio Attorney, whether you are a victim of DV is separate from the issue of whether or not a DA can... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: Hi. My employer paid me in hand written check (s). State and federal taxes were withheld. My wages weren't reported.

What do I do??

Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 22, 2023

Double check your earnings record through your My Social Security account at SSA.gov. If your wages are not accurately reported on your earnings record, the best way to handle the situation is get proof of your wages, such as W-2s. After you’ve gathered your documents showing proof of wages,... Read more »

1 Answer | Asked in Immigration Law for Nevada on
Q: I have no government identification card for my biometric appt. I cant get an identication card cuz I don't have my pap

I have a copy of my old identication card that's expired on 2017 only. What else can I show proof

Monica E Rottermann
Monica E Rottermann
answered on Apr 14, 2023

You need a valid unexpired ID to get into the building, they will not let you in with a copy of an expired ID. Not sure what country you are from but you can try contacting your local consulate to apply for a passport/country ID. Or if you are in school and have an identification card with your... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Defendant to comply with any and all directives from Child Protective Services; No contact with any minors unless approv
Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

When dealing with protective services is it best to follow their rules.

If you are person who is not allowed contact, you should discuss your case with a lawyer as you may need to file in court to have contact restored and to protect your rights.

Legal Aid of Southern Nevada has...
Read more »

2 Answers | Asked in Immigration Law for Nevada on
Q: Which police certificate is required for CR-1 visa if my husband was born in pakistan but moved to UK at 16?

My husband was born in Pakistan and moved to UK when he was 16 and since then has lived in UK and Canada and is now a Canadian citizen. We have obtained police certificates for UK and Canada but not yet for Pakistan but I am not sure if it is even required since he moved to UK at 16. Please advise.

James L. Arrasmith
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answered on Apr 6, 2023

For a CR-1 visa application, it is generally required that the petitioner and beneficiary provide police certificates from each country where they have lived for 6 months or more since the age of 16. In your husband's case, he was born in Pakistan and lived there until the age of 16, after... Read more »

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2 Answers | Asked in Immigration Law for Nevada on
Q: Which police certificate is required for CR-1 visa if my husband was born in pakistan but moved to UK at 16?

My husband was born in Pakistan and moved to UK when he was 16 and since then has lived in UK and Canada and is now a Canadian citizen. We have obtained police certificates for UK and Canada but not yet for Pakistan but I am not sure if it is even required since he moved to UK at 16. Please advise.

Monica E Rottermann
Monica E Rottermann
answered on Mar 29, 2023

Yes, he should obtain a police certificate from Pakistan as well. Per the Department of State, anyone over the age of 16 that has lived in their country of nationality for more than 6 months at any time in their life must obtain a police certificate from there. You can read more about it here:... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Nevada on
Q: Why do I have to pay child support if I take care of my children I get them everything they need but I can't see them.

He is abusive and won't let me see my children but I provide everything and he doesn't buy them anything because I have already provided it. So why do I still have to pay child support

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Mar 20, 2023

Parent's have a responsibility to take care of their children's basic needs, such as housing, food, clothing, entertainment, transportation, etc Child support payments are ordered from the court as a way for parent's to meet the child's basic needs. The receiving parent does... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Nevada on
Q: Does power connected illegally let officers enter your home without a warrant under the exigent circumstances?

I need to determine if I have a viable claim and what my options are for seeking redress. I believe I am entitled to compensatory damages as well as punitive damages for the violation of my 4th, 8th and 14th amendment rights. County officials failed to follow established procedures and violated my... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

Generally, police officers are not allowed to enter a home without a warrant, unless they have probable cause or exigent circumstances. Exigent circumstances are situations where there is an immediate threat to public safety or where evidence may be destroyed if officers do not act quickly. Whether... Read more »

1 Answer | Asked in Constitutional Law and Civil Rights for Nevada on
Q: Is it legal for a person to access my personal housing info without my consent. Is this a no disclosure with consent

i.e. deed, amt owing, etc no disclosure without consent.

James L. Arrasmith
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answered on Mar 2, 2023

It depends on the specific laws and regulations in your state or country regarding privacy and data protection. In general, access to personal housing information may be limited to authorized parties such as government agencies, banks, or other parties with a legitimate interest in the property.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Nevada on
Q: Were my kids civil rights violated during district wide lockdown? No lunch and everyone had to pee in buckets in class

The threat was called in to local PD regarding the high school. District lockdown all school for several hours. Many students including my kids didn’t get lunch that day. Students had to pee in bucket’s in class while teacher held up a blanket. PD posted on FB they believed it was a hoax. In... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that the lockdown and lack of provisions for lunch and bathroom breaks during the lockdown could be seen as a violation of students' civil rights. However, whether or not there is a case against the district would depend on a number of factors, including the specific... Read more »

1 Answer | Asked in Divorce and Military Law for Nevada on
Q: who would be recomended for military benefits of a divorced wife Retirment pension in las vegas area
Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

You can use this site, Avvo, or the State Bar of Nevada Lawyer Referral Service to look for a Nevada Divorce attorney who has experience with Military Divorce and Military pension.

If no one specifically mentions military, then call a divorce attorney and ask. In addition, many attorneys...
Read more »

1 Answer | Asked in Municipal Law for Nevada on
Q: In Clark County NV, can the county force me out of my home to live on the streets declaring my house an imminent danger

Just because I was unable to pay the power bill?

Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

They can not force you to live on the streets but they are able to remove you from the house/ declare the home unsafe.

There are several agencies/programs that can help with power bills and other utilities.

some include:

https://www.helpsonv.org...
Read more »

1 Answer | Asked in Animal / Dog Law for Nevada on
Q: Can I get a dog back from my ex wife if I was the one who originally paid for it?

I got divorced in August of 2020. We had 3 dogs while married, one of which I bought from my best friend. When my ex and I sat down to go over our belongings, and who gets to keep what, we had an agreement that she would keep two dogs, and I would keep the one I paid for. This was a verbal... Read more »

Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

If your divorce was in Nevada you can file a motion requesting her to return your dog that was purchased from your friend.

Filing the motion does not mean that you will automatically be awarded the dog but it will give you the opportunity to have your request reviewed by the court. Per the...
Read more »

1 Answer | Asked in Probate for Nevada on
Q: Father's ex wife is petitioning to be administrator of his estate.

He passed away in Nevada and she didn't even come down to help or offer support when he passed. I had to set up a go fund me to even have him cremated. I received court papers that state order granting permission for probate and it says that because no one objected that the court gave it to... Read more »

Lee Drizin
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Lee Drizin
answered on Feb 9, 2023

When the ex-spouse filed the petition, she was supposed to identify any children and send copies of the petition specifically to avoid this type of situation so that you could object to the appointment. NRS 149.010 sets forth the basis for removal of a personal representative and if she was aware... Read more »

1 Answer | Asked in Estate Planning, Probate and Banking for Nevada on
Q: cash a check from a loved one who passed?

My brother became sick and he wrote me a check for $30000 i deposited it to my account but it was denied due to funds not being in checking so he transfered funds and wrote me another check i deposited it then he died the check was denied for an unknown reason my account was froze then closed due... Read more »

Lee Drizin
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Lee Drizin
answered on Feb 9, 2023

Sorry to hear about the loss of your brother. In the event his estate consisted solely of the bank account and it was under $25,000, then you would be able to access the account through the use of Nevada's Small Estate Affidavit. Unfortunately, due to the amount involved, this will not be... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: I have been married since 1998 and getting a divorce now am I owed anything?

we have been togeather since 1992. Is it out of line if I ask him for half his retierment?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Feb 9, 2023

Given the length of your marriage, it appears that you may be entitled to your community property rights of equitable division of assets and debts. Generally speaking the court will start with the presumption that the assets and the debts will be evenly divided between the parties. Also, due to... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If my children have direct covid exposure and dr advised quarantine am I wrong to keep our kids during dads week of vist

I am mom and kids got covid exposure from step dad. kids are negative covid with heavy symptoms, and taking medicine.

Janice Jacovino
Janice Jacovino
answered on Feb 7, 2023

Your should discuss the information with dad and see if you can reach an agreement and give him the information on the children's health. As long as the travel time or being with dad does not harm the children, Dad can decide if he should to have his visitation time when the children are ill.

2 Answers | 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 »

Lee Drizin
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Lee Drizin
answered on Feb 9, 2023

While there is no legal obligation to retain an attorney to close the guardianship, you are required to file a final account to terminate the guardianship. You should be aware that you cannot withdraw money from a guardianship account without a court order and these restrictions don't... Read more »

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