Nevada Questions & Answers by Practice Area

Nevada Questions & Answers

Q: Hi we were in a accident in July of 2016 we hired a accident lawyer to handle the case. At this point the demand letter

1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for Nevada on
Answered on Mar 11, 2017

I suggest you sit down with the attorney in person to review things. You may always change attorneys but a new attorney may have a concern about jumping in the middle of something. There are time lags in litigation, so I'm not shocked--the lawyers office is doing a not good job of advising you of this. Sometimes it is a waiting process more than anything.
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Q: Seven years ago my father (a widower) died without a will in Nevada. His estate was probated and all assets distributed.

1 Answer | Asked in Probate for Nevada on
Answered on Mar 10, 2017

You can always reopen the probate estate, but there may be simpler ways to deal with such a small amount. I'd suggest consulting with a Nevada probate attorney to insure you can do this as inexpensively as possible! Don't try to 'do this yourself' as you can easily burn through more than half that 4k if you take unnecessary steps!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am...
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Q: Guidelines for Confidential Settlement ...

1 Answer | Asked in Personal Injury, Libel & Slander and Medical Malpractice for Nevada on
Answered on Mar 7, 2017

PTSD isn't usually worth much.Injuries to growth plates could be. Contact a member of the Nv Trial Lawyers Assn --they give free consults.
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Q: Husband signs a lease agreement, wife did not sign. Husband dies, is the wife bound to the contract?

1 Answer | Asked in Contracts and Landlord - Tenant for Nevada on
Answered on Feb 25, 2017

If he signed a lease for your residence, that could be different from a business property lease, but the ordinary rule is that contractual obligations are personal and do not extend to a non-signatory spouse.
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Q: I was left 3 separate parcels of land with a few other people. Do they have to buy me out or do I have to forfeit it.

1 Answer | Asked in Real Estate Law for Nevada on
Answered on Feb 19, 2017

Five options: 1) Buy out the others; 2) get them to buy you out; 3) file a partition suit to force a sale or a compromise buyout; 4) stop paying taxes and eventually the taxing authority will seize the properties for back taxes (possibly leaving a shortfall that each of you will still owe); or 5) maintain status quo. Talk to an experienced local real estate lawyer for advice on your specific situation. Good luck.
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Q: Wrongfully death lawsuit .onelawyer and 4 individual.the terms on the contract weren't agreeable to I walk out.

1 Answer | Asked in Legal Malpractice and Wrongful Death for Nevada on
Answered on Feb 16, 2017

Get a consult with another lawyer. Either you have your own lawyer then or that lawyer will tell you it wasn't as misleading as you think.
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Q: If I publish a story to a magazine, do they just have rights to the story, or are any concepts or characters theirs too?

1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Answered on Feb 8, 2017

Copyright applies to the "work" -- the story -- not ideas. Characters can be protected by trademarks, like Mickey Mouse. Unless you give away your rights to the characters, the magazine cannot use them without your permission in another story or any publication simply as a result of owning the copyright in your story.
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Q: how to cancel a trust

1 Answer | Asked in Estate Planning for Nevada on
Answered on Feb 7, 2017

You will need to do two things: 1) remove all assets from the trust and 2) Revoke the trust (if that is possible)

The details of HOW to do this legally and effectively go beyond what can be done in a Q&A format. You should seek local professional legal help to insure you do both steps properly, and to insure that you CAN do what you want to do!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client...
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Q: will a not showing up to drill because of a medical reason give you a dishonorable discharge?

1 Answer | Asked in Employment Law and Military Law for Nevada on
Answered on Feb 6, 2017

You need to show up to drill, even with medical reasons. If you are not fit to perform your drills, the military medical folks will place you in a not physically qualified status. Not showing up will get you involuntarily separated with a less than Honorable discharge.
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Q: I asked a friend to participate in a professional glamor shoot which I booked and paid for. Who owns the prints ?

1 Answer | Asked in Consumer Law, Contracts, Copyright and Intellectual Property for Nevada on
Answered on Feb 2, 2017

If you took the photos, you own the rights to the photographs. If someone else took the photographs, look at your contract with the photographer.

Generally, a model release will specify the scope of what you can and cannot do with the photographs.

Did your friend sign a model release specifying what you can and cannot do with the photographs? If so, that model release would determine the scope of what you can do with the photographs. If your friend has not signed a model...
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Q: i married a man from Canada 8 years ago in Nevada i need to know if i am still married to him.

1 Answer | Asked in Divorce for Nevada on
Answered on Jan 25, 2017

You may seek a divorce, if you want to. If he has remarried, you can alert the authorities re: bigamy. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Does a handshake deal with, multiple witnesses and simple contrat have any legality with real estate?

2 Answers | Asked in Real Estate Law for Nevada on
Answered on Jan 24, 2017

Because it was a real estate deal, it needed to be in writing. I

Nevada’s statute of frauds is set forth in various sections of the Nevada Revised Statutes. It renders the following types of contracts unenforceable unless in writing and signed by the party against whom a claim is brought:

—Agreements that, by their terms, are not to be performed within one

year from their formation;

—A promise to answer for the debt of another;

—A promise made...
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Q: my Company will not be paying any salary for short/long term disability and have stated that they will not cover my

1 Answer | Asked in Employment Law and Personal Injury for Nevada on
Answered on Jan 13, 2017

Apply for medical assistance. You can buy into your old plan through COBRA. You can go on the ACA website (the deadline doesn't apply to those who have been taken off employers plan). If you have a short term or long term disability plan through work or on your own that should cover it. If you don't, no employer is required to provide it.
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Q: My ex-boyfriend is on the title to my home. He died 4 yrs ago...I need to get him off the title-

1 Answer | Asked in Probate for Nevada on
Answered on Jan 12, 2017

More information is needed. If you and he owned the property "as joint tenants with rights of survivorship and not as tenants in common", you may only need to complete and record an affidavit of termination of joint tenancy and attach the correct form of proof of your ex-boyfriend's death. A Nevada attorney can provide the proper details about how to go about this, but most states have similar ways to establish termination of a joint tenancy. If, however, you both owned as co-tenants or...
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Q: I'm looking for a pro bono attorney for my brother in law who is in custody at the washoe County Jail.

1 Answer | Asked in Criminal Law for Nevada on
Answered on Jan 6, 2017

If your brother-in-law is determined to be indigent by the court, he can have a public defender appointed to represent him. He does not need a "pro bono attorney", but rather a public defender.
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Q: Can a decision be reversed in appellate status if evidence are summitted that wasn't giving in prior decision.

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Nevada on
Answered on Dec 20, 2016

In both state and federal courts, the rule is that an appeal is based on the trial record (evidence, jury instructions, legal decisions, etc.) and new facts cannot be introduced at the appellate level unless it was impossible to have presented them before the lower court.
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Q: Please tell me what does this mean" Reconsideration of asking for court records denied as "Moot"

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Answered on Dec 20, 2016

It means there is no more live controversy for the court to decide, so that a decision on the reconsideration request is no longer necessary.
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Q: If I am injured while visiting a state I don't live in, do I have to sue the person who hurt me in that state,

1 Answer | Asked in Personal Injury for Nevada on
Answered on Dec 19, 2016

Be inconvenient for them to show up in your state.

Yes you have to sue them there unless you can prove they do substantial business in your state.

Contact a member of the Trial Lawyers Association for the city where it happened
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Q: I got a DUI but they didn't do a BAC test until way after I was stopped

1 Answer | Asked in DUI / DWI for Nevada on
Answered on Dec 15, 2016

While it is true that if BAC is not taken within 2 hours of driving the case get much harder to prove, and it may be enough to cause the case to be dismissed. DUI cases are highly fact based and you should let an attorney review the facts and discuss potential defenses with them.
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Q: Is pulling someone's hair considered assault?

1 Answer | Asked in Criminal Law for Nevada on
Answered on Dec 15, 2016

In Nevada, it would be a battery, not an assault.

An Assault as defined in NRS 200.471 as 1) unlawfully attempting to use physical force against another person, or 2) intentionally placing another person in reasonable apprehension of immediate bodily harm.

Battery is defined in NRS 200.481 as any willful and unlawful use of force or violence upon the person of another.

Technically pulling someone's hair would be the use of force or violence upon the person of another...
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