Nevada Questions & Answers by Practice Area


Nevada Questions & Answers

Q: How long a period after a death may a will be presented in Nevada?

2 Answers | Asked in Probate for Nevada on
Answered on Nov 17, 2017

Firstly, sorry for the loss of your dear friend.

The answer to your question depends upon the answers to some missing facts.

Are you aware whether your friend had assets in Sparks (ie: a house, car, bank accounts)? If so, those assets may need to go through Probate. As the Will is so old, your friend may have updated it, however if the one you are holding is the original last Will your friend executed, then it needs to be filed with the Court Clerk. If you are named as the...
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Q: How long must a will be presented after someone's death?I would appreciate any information you can give me.Thank you

1 Answer | Asked in Probate for Nevada on
Answered on Nov 16, 2017

Dear Cupertino, CA:

You mentioned that your friend passed away in Sparks, Nevada. If your friend was living in Nevada, you should re-post your question in the Nevada forum. (Unless she also owned property in California, a bit on that later.)

The laws that govern how a descent's estate is handled are state specific. Although there are similarities between various states, there are enough differences that a right answer for California may be wrong for Nevada. The exception is for...
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Q: What do I do have I want to withhold my rent for my landlord?

1 Answer | Asked in Landlord - Tenant for Nevada on
Answered on Nov 16, 2017

Before withholding your rent, you are advised to write him about the leakage since you moved in and that you already brought to his notice, etc. etc. Check around a normal water usage bill and accordingly ask him to redeem your rent.

Consult Attorney of your local jurisdiction for specific advice.
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Q: My father never removed his deceased mother from the joint account prior to his death.

2 Answers | Asked in Probate for Nevada on
Answered on Nov 15, 2017

Upon your grandmother's death, the account became owned 100% by your father. If your father never put anyone else on the account and did not name a payable on death beneficiary, then the account will have to probated as property belonging entirely to your father.
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Q: Can you refuse papers getting served

1 Answer | Asked in Family Law and Child Custody for Nevada on
Answered on Nov 14, 2017

You may refuse but how long .... court will then adopt method of service through publication and if you still did not bother ex-parte proceeding will start....
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Q: If a person gets ran over by a hit and run driver while they are walking thru a Walmart parkinglot who pays the damages

1 Answer | Asked in Car Accidents, Personal Injury and Consumer Law for Nevada on
Answered on Nov 11, 2017

Your uninsured motorist if you have it. Why not contact a member of the Nv.Assn for Justice? They give free consultations.
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Q: My mom passed away a year ago in Nevada without a will. Her husband refuses to speak to us regarding personal property.

1 Answer | Asked in Probate for Nevada on
Answered on Nov 11, 2017

If your mother was domiciled in Nevada at the time of her death Nevada law will likely apply to her intangible and tangible personal property. You should consult with a Nevada attorney of your choice.
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Q: I'm thinking of starting a glasses company. Are there patents for hinge designs if they are printed in 3D?

1 Answer | Asked in Patents for Nevada on
Answered on Nov 10, 2017

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate in the manner you wish to do. To do this correctly, one would need to carefully study both your proposed product and the claims of the relevant patents. I will not do that here, but will provide you with...
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Q: If we want to use a photograph we have a copy of for a wall mural, do we need to license usage?

1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Answered on Oct 26, 2017

You are correct. To recreate the image, you need a license from the copyright owner.
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Q: If the apartment I currently rent has a rent increase (carson city nv) how is it documented?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Nevada on
Answered on Oct 22, 2017

What was your original rent? Was that fair? Did your previous rent agreement imposed any penalty over and above late rent payment?

What practice is prevailing in that area? Talk to him and ask him to abide by the rent agreement.
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Q: My deceased husband owned a house in Greece with 3 siblings and his mother. The house was an inheritance from his father

1 Answer | Asked in Probate for Nevada on
Answered on Oct 19, 2017

If your Husband was a NV resident and his only property other than his interest in the Greek real estate, and if 2 cars are worth less than $25,000 together, then, yes, you can do an affidavit of entitlement. The $25,000 cut-off applies to his NV probate estate, not his interest in Greek real estate. As to what should be done about the real estate in Greece, I cannot answer.
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Q: Car accident, I was dui tested but the other driver was not. Is that right or should she have been tested as well?

1 Answer | Asked in Car Accidents and DUI / DWI for Nevada on
Answered on Oct 14, 2017

No, it's because cop felt you may have been driving. He needed "probable cause." if she didnt' appear to have been drinking, no reason to test her.

Left turn vehicle has duty to yield.

Unless she came through on a yellow light for her, I don't see her being at fault.
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Q: Hi, My brother just passed away in Nevada. I am in Hawaii. How do I get his estate through probate? Thanks.

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

Here are rule for where stuff has to be probated:

1) all real estate is probated in the state where the real estate is located

2) everything else is probated in the state where the Decedent was a resident at the time of death.

Not everything has to go thru probate:

1) Any financial account with a payable on death designation to a living person does not go thru probate

2) Any real estate in a trust or held in joint tenancy or with a recorded transfer on...
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Q: my immigration lawyer wont give me my file until i pay him and its in collection since 2011 what can i do

1 Answer | Asked in Collections, Immigration Law and Consumer Law for Nevada on
Answered on Oct 10, 2017

You should contact the County Bar Association in your area. They have programs that can help settle disputes between attorneys. Each state has different requirements for attorneys so its important to know the rule the applies and then take action accordingly.
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Q: My MIL passed away, and was a part of low income housing program in Las Vegas, and we feel there was severe neglect

1 Answer | Asked in Government Contracts, Landlord - Tenant and Wrongful Death for Nevada on
Answered on Oct 10, 2017

Suggest you contact a member of the Nevada Trial Lawyers Association who handles things like nursing home neglect. They give free consults. Generally, the landlord would not be under a duty to get the tenant help. I'm surprised they let it go that far, but I don't see a jury saying they had to do the duty of a department of aging social worker. Let's face it, I'm not hearing the family was hammering on the health department, the aging department or social services to get her into a nursing...
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Q: What information is required to be given from an individual who crashes a car into an electric gate in a private communi

1 Answer | Asked in Car Accidents for Nevada on
Answered on Oct 9, 2017

It's like any crash involving damage to property--the leaving the scene law applies. They have to give their name, registration and insurance information.
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Q: Ex-girlfriend got a dui and hit multiple parked cars with my car and under my insurance

1 Answer | Asked in Car Accidents and Insurance Defense for Nevada on
Answered on Oct 9, 2017

You need to talk to a bankrupcty attorney --look for a member of the NACA --go to consumeradvocates.org

Ask your insurance company to divide up the payments and get releases.

Look at your policy. Do you have homeowners? Check and see if that covers any excess liability.

If you get sued you need to name the girlfriend under a "third party claim." That's the only way to hold her responsible.
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Q: What if bank released deceased person's bank account funds to wrong person without proper court order?

1 Answer | Asked in Estate Planning and Probate for Nevada on
Answered on Oct 4, 2017

If the account was payable on death to daughter the ordinary procedure would be for the bank to release the funds upon being shown mother's death certificate. The bank should have exercised caution with respect to funds deposited after the mother's death. However, the daughter is unlikely to be able to keep money that shouldn't have been given to her.
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Q: How to track down important files kept in law office when practice has closed and atty's are deceased or retired?

1 Answer | Asked in Estate Planning for Nevada on
Answered on Oct 3, 2017

The first thing you may want to do is to reach out to the Nevada State Bar to see if they have any knowledge of anyone taking over the practice, or the transfer of files. Typically files are kept for 7 years, so if it is longer than that, you may not be able to obtain a copy.

Good luck to you.
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Q: what can I do if someone put a gun on my head and threat on me but when police arrive they didn't anything?

1 Answer | Asked in Criminal Law for Nevada on
Answered on Sep 29, 2017

Good preposition. If I understand your question correctly, you went to his workshop where your truck was parked to fix faults. During exchange of hot words, the mechanic pulled out gun and put that on your head. He just threatened and did not fire and gave you time to call police who arrived and the mechanic denied of any such threat, etc. etc. His denial and none came forward to verify your claim, police did nothing and went away.

If that is the case, then a couple of aspects of...
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