Nevada Questions & Answers

Q: How do I find the holder of my Trust account?

1 Answer | Asked in Contracts, Real Estate Law and Admiralty / Maritime for Nevada on
Answered on Oct 18, 2018
Timur Akpinar's answer
If you additionally posted this question in the Banking and Probate sections, attorneys who are familiar with trust accounts could have a better chance of picking it up.

Tim Akpinar

Q: What are grounds for dismissal of an indictment

1 Answer | Asked in Criminal Law for Nevada on
Answered on Oct 16, 2018
Gary Kollin's answer
I suggest you find a law treatise which would probably about a thousand pages to answer that question. Otherwise, retain counsel because this site is to help people with real questions, not hypothetical.

Q: In an indictment how is discrimination determine how is invidious Determined If found can case be dismissed

1 Answer | Asked in Criminal Law for Nevada on
Answered on Oct 16, 2018
Gary Kollin's answer
Perhaps you can break up your question into separate sentences beginning with a capital letter and ending with a period or a question mark

Q: How can I prove that there wasn’t probable cause to pull me over I’ve asked for dashcam recording

1 Answer | Asked in Criminal Law for Nevada on
Answered on Oct 16, 2018
Gary Kollin's answer
It sounds like you need help from A to Z. Time to hire counsel

Q: Can I be forced to use retirement (IRA) funds to pay credit card debt when filing chapter 7 bankruptcy?

2 Answers | Asked in Bankruptcy for Nevada on
Answered on Oct 2, 2018
Stuart Nachbar's answer
If your jurisdiction follows the federal exemptions, then the answer is no if in qualified retirement account. Check with an attorney in your state who specializes in bankruptcy

Q: Probate-filing Will w/Court (NV Rev Stat 136.050) - is a form required or can executor simply give Will to court clerk

1 Answer | Asked in Probate for Nevada on
Answered on Sep 25, 2018
Jonathan Craig Reed's answer
The Clerk's office will be happy to take an original will from you if you advise that the person who wrote the will has died and simply hand it to them along with the filing fee. In Clark County (home to Las Vegas) the filing fee is $18. However, they will not accept a copy for filing.

Q: I have been very ashamed of the agressive sexual misconduct that happened to me while at a new job by the GM.

1 Answer | Asked in Contracts, Employment Law, Employment Discrimination and Sexual Harassment for Nevada on
Answered on Sep 21, 2018
Salim U. Shaikh's answer
Well, you must go ahead with filing of a suit for wrongful termination as a result of retaliation that they wrongly expected from you ... the only remedy left for you to seek justice. You will have to keep record of documentary evidence(s) and seek other evidences in your favour in order to corroborate your claim. Good luck.

For indepth review you may seek assistance from Attorney of your local jurisdiction and show your evidence unless you are dead sure of their credibility....

Q: Husband has passed, resident of Nevada. Assets & home are jointly held. Do I need a probate lawyer?

1 Answer | Asked in Probate for Nevada on
Answered on Sep 13, 2018
Jonathan Craig Reed's answer
Provided that the home is held in joint tenancy and ditto for other assets, you own everything without probate. Your phrase "jointly held" can be tricky. Unless the deed to the home contains the words, "joint tenancy" or "with right of survivorship" half of the home will have to thru probate. (I assume this is a Nevada home.) The good news is that in almost all case in which a husband and wife take title to real estate in Nevada one of the two magic phrases just cited is used in the deed.

Q: Can I trademark a made up word (industry+preneur) if others are using it currently but have no trademark?

1 Answer | Asked in Trademark for Nevada on
Answered on Sep 5, 2018
Peter D. Mlynek's answer
Sorry, but based on what you wrote, I don't think that you'd be able to trademark it. It does not work that way. You can't just see a word in use, think that it is a great idea, register it as your own, and keep others from using it. It is not your intellectual property, but someone else's.

Q: Can I file Chapter 7 in Nevada if I’m 3 years behind on filing my Fed. income taxes?

1 Answer | Asked in Bankruptcy for Nevada on
Answered on Aug 29, 2018
Timothy Denison's answer
Yes, but they’ll want them filed and they won’t be discharges.

Q: Regarding the porter case patent.. if I change the material or a little design just a little is it acceptable?

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Answered on Aug 22, 2018
Peter D. Mlynek's answer
I am not sure which Porter Case patent you are referring, so it is hard to answer this question. But here are some guidelines.

(1) There appears that are only about 6 Porter Case patents. Some of these are pretty old, and they have expired by now, but some are still in force. You need to check which of these categories the patent that you are concerned about falls into.

(2) I did not review the claims as much as one should in order to advise you, but it seems that at least...

Q: Can I travel in & out of the US if I lost my green card, or do I need to replace it first?

1 Answer | Asked in Immigration Law for Nevada on
Answered on Aug 17, 2018
Ashley Negrette's answer
If you have a two year green card you should apply to remove the conditions on your residence (Form I-751 if you received your green card through your US Spouse) 90 days before the expiration date on the card. Once that application is approved you will receive a 10 year green card.

You should always have a valid card when you try to re-enter the country. You should contact an attorney for help.

Q: My father (PA resident) has timeshare in Nevada. Can I do the paperwork for the set-aside without administration?

1 Answer | Asked in Probate for Nevada on
Answered on Aug 14, 2018
Michael Hales' answer
When I have clients that need advice on Nevada probate law, I typically refer them to Russell Bowler, an attorney at Bowler Dixon & Twitchell.

Q: What is hotel security protocol and are they liable for damages in a shooting?

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Civil Litigation for Nevada on
Answered on Jul 19, 2018
Peter Munsing's answer
If anyone is sued by MGM grand I'll be happy to give them a free consult.

As to the question, status of elevators is not relevant.

Hotel security guards and management liable if they don't take appropriate steps. If the person is violent they are not required to put their life at risk. Depends where they were, what flavor of security person (hotel equivalent of mall cop is different from off hours detective or cop), etc.

There are other possible liable parties.

Q: What duties do property owners have regarding ice/snow removal? I'm paranoid about someone getting injured at my home.

1 Answer | Asked in Personal Injury for Nevada on
Answered on Jul 19, 2018
Peter Munsing's answer
Most states provide that the homeowner has 24 hours after the snow stops to get rid of it. Talk to your insurance--make sure you have a) coverage and b) get their guidance.

Q: After a tenant has been evicted, does the management have to remove all food in the apt right away to prevent bugs?

1 Answer | Asked in Landlord - Tenant for Nevada on
Answered on Jul 17, 2018
Salim U. Shaikh's answer
Immediately on eviction of a tenant, management was duty bound to inspect the said apartment and if food or rubbish was left behind must immediately be cleaned/washed in their own interest. As it was not attended to even after many days since evicted/abandoned is a clear evidence of negligence on the part of management. You may report the matter to health dept. for remedial measures if management is not ready to clean it.

Q: my father died and did not leave a will. how do i go about getting title to his property

1 Answer | Asked in Probate for Nevada on
Answered on Jul 12, 2018
Delwyn E. Webber's answer
Firstly, sorry for your loss.

If he left no Will, he died 'intestate'. To transfer the property, it must first go through the probate process, and from what you have said, you and your father's other child are the heirs to the estate under the NV Statute. Please be aware that your father's debts (if any) must be paid before a distribution is made to the heirs, and if there is a mortgage on the property, it may cause issues for you. I recommend that you meet with a Probate attorney...

Q: I have searched and searched and can't find this answer: where do investments with no brick-and-mortar home vest

1 Answer | Asked in Probate for Nevada on
Answered on Jul 10, 2018
Jonathan Craig Reed's answer
Investments are considered "personal property" as contrasted with real estate or "real property." All personal property, wherever located, should be probated--if probate is necessary--in the state the Decedent was a resident of when he died. For this reason probate courts look at the Decedent's death certificate to see which state he or she was a resident of at the time of death. In contrast, real estate is always probated in the state in which it is located.

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