Nevada Questions & Answers

Q: What is the direct impact of a bankruptcy on your crefit report

1 Answer | Asked in Bankruptcy for Nevada on
Answered on Apr 21, 2019
Timothy Denison's answer
Your credit score will be drastically reduced and credit will cost you more than someone with good credit. However, many lenders will be happy to lend you money upon conclusion of your bankruptcy bc they know you can’t file again for eight years. It also provides you with a relatively easy avenue to rebuild your credit.

Q: How can a municipal court in Nevada take away your right to a jury trial when charged with a misdemeanor?

1 Answer | Asked in Criminal Law for Nevada on
Answered on Apr 15, 2019
Malcolm P. LaVergne's answer
It's complicated, but basically you don't have a right to a jury trial on misdemeanor cases where the prosecutor is not seeking more than 180 days in jail. The Supreme Court of Nevada has ruled on this issue, to the dismay of criminal defense attorneys. If you are facing more than one misdemeanor charge, it could appear that you could seek a jury trial because you technically could serve in excess of 180-days if the judge would sentence you consecutively on each count. The prosecutors,...

Q: How can I back out on a sale of a home if no earnest money has been deposited in a Title company?

1 Answer | Asked in Contracts for Nevada on
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
Call your Realtor and explain this situation, and ask them what to do; do not get upset with them because they might be needed to help you if the buyer gets upset.

Q: How long do you have to own and live in your house to get the capital gain tax?

2 Answers | Asked in Tax Law for Nevada on
Answered on Apr 7, 2019
Frank Huerta Jr's answer
An asset held over one year is treated under the long term capital gains rate. Assets held under one year are treated under short term rates. If you are referring to the exclusion of income from the sale of your home, if you owned and lived in the place for two of the five years before the sale, then up to $250,000 of profit is tax-free. If you are married and file a joint return, the tax-free amount doubles to $500,000.

Q: How to handle insurance company playing games.

2 Answers | Asked in Car Accidents for Nevada on
Answered on Apr 6, 2019
Peter N. Munsing's answer
Is there a police report? If so what did the cop say? Was the other driver cited? File a complaint with the insurance commissioner in your state. This is a bogus ploy that insurance companies like to pull out and it needs legislative action.

Q: Do judges actual read complaints filed in district courts or are complaints scanned by the clerk and algorithms create r

2 Answers | Asked in Internet Law for Nevada on
Answered on Mar 22, 2019
Griffin Klema's answer
No, the U.S. legal system does not use AI to decide cases. People (judges and juries) decide the issues in disputes before a court. While there may be some automation, those processes are not substantive in nature.

Q: Can I open a new checking account immediately after filing Ch 7 without reporting an amended A/B asset form?

1 Answer | Asked in Bankruptcy for Nevada on
Answered on Mar 18, 2019
Timothy Denison's answer
No. If you are creating and establish g the new account post petition, you should not have to report or amend.

Q: What can I do if someone is sharing my explicit content that I've made, directly to their own underage community?

1 Answer | Asked in Copyright, Personal Injury and Internet Law for Nevada on
Answered on Feb 27, 2019
Marcos Garciaacosta's answer
if the content is yours you can stop them to use it.

If they are using a platform like youtube you can get youtube to help stopping them.

It always helps to have a copyright registration.

Contact me if you need any consultations

Q: Can I use my GC with my maiden name and my documents (drive license and SS) with my marriage name for work?

2 Answers | Asked in Immigration Law for Nevada on
Answered on Feb 24, 2019
Kelli Y Allen's answer
You need to change your name with social security first. Once you have the new SS card, send a copy to USCIS with form I-90 and the application fee to request a new card issued in your married name.

Q: Should I list this transaction in my chapter 7 schedules?

1 Answer | Asked in Bankruptcy for Nevada on
Answered on Feb 23, 2019
Timothy Denison's answer
Absolutely and in complete detail.

Q: I'm a personal representative on will and sole beneficiary on will. Do I still have to file with courts Reno NV

2 Answers | Asked in Estate Planning, Elder Law, Municipal Law and Probate for Nevada on
Answered on Feb 22, 2019
Delwyn E. Webber's answer
Under NV Statute, the Will should be filed with the Court. If there are no assets, only liabilities, then there is no reason to spend funds opening an insolvent Probate. It would be different if there were assets to be transferred to you as the heir.

Q: If im only going to operate within the U.S.A, do I need to have an International Classification on my trademark?

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Nevada on
Answered on Feb 21, 2019
Marcos Garciaacosta's answer
yes

that is the standard

the numbering system used by USPTO follows the international classification.

It wasn't completely clear what you were asking, so you may want to contact us off line

Q: My grandfather passed away in Nevada, no surviving spouse. He had two daughters.

1 Answer | Asked in Probate for Nevada on
Answered on Feb 20, 2019
Jonathan Craig Reed's answer
50% will to your mother's descendants. If your deceased sibling left children, 1/3 of your mother's share will go to those children equally. If your deceased sibling died without leaving any descendants, one half of your mother's 50% share goes to you and the other surviving sibling who is free to Re-Assign his or her interest to you, but that other surviving sibling will have to sign some paperwork.

50% will go to your aunt.

Q: I live in Las Vegas Nevada and am filing bankruptcy separately from my wife.

1 Answer | Asked in Bankruptcy for Nevada on
Answered on Feb 15, 2019
Timothy Denison's answer
Yes. There is still an equitable interest that you should list as an asset on your petition. Consult your Bankruptcy lawyer as to the further ramifications of the interest, but you should list it out of an abundance of caution.

Q: can affidavit of survivorship apply to only child living with parent alone? or is intestate succession mandatory?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Answered on Feb 10, 2019
Jonathan Craig Reed's answer
You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website usually lets you see the value for the last five years, although when I checked a local house right now to answer your question, Zillow.com wasn't giving me the price history. However, I mention the value at the...

Q: Does NRS 134.160 apply to my situation?

1 Answer | Asked in Probate for Nevada on
Answered on Feb 2, 2019
Jonathan Craig Reed's answer
The easy answer is that if the house was truly held in joint tenancy by Mom and Dad, Dad owns the whole house upon Mom's death. (You or your lawyer can file an Affidavit of Death of Joint Tenant with attached death certificates on both to move the ownership from joint to your father's estate.)

The second easy answer is that at least as to your father's half of the house, his daughter, your half sister, is entitled to share equally with you.

The hardest question to answer is...

Q: For probate, can you use the assessed value of a home or do you have to use the market value?

3 Answers | Asked in Probate for Nevada on
Answered on Feb 1, 2019
Delwyn E. Webber's answer
We typically use the Zillow value - just keep in mind if Zillow is used, and an appraisal is done which puts it over the statutory limit, you will need to convert the probate.

Q: What do I do if my parents died w/out a will, I am the only child & the only estate is a house and no debt?

2 Answers | Asked in Estate Planning and Probate for Nevada on
Answered on Jan 31, 2019
Delwyn E. Webber's answer
Firstly, sorry for your loss.

As the value of the house is in excess of $100,000.00, you will need to open a Summary Administration and go through the motions through the Court to have the house transferred to yourself as sole heir.

Q: My mother died in Nevada. We owned her home together as a "community property." I live in New York.

1 Answer | Asked in Estate Planning for Nevada on
Answered on Jan 30, 2019
Delwyn E. Webber's answer
Firstly, sorry for your loss.

You mentioned that you own the property as 'community property' - did you mean 'joint tenants'? If you are joint tenants then the property will revert to the surviving joint tenant(s) upon recording of an Affidavit Terminating the Joint Tenancy.

Although you provided no information regarding the other assets, typically if they are less than $25,000 they should be able to be transferred pursuant to a small estate affidavit.

Q: Is there a process whereby I can be accompanied by a peace officer in case to prevent violence by a third party involved

1 Answer | Asked in Civil Litigation and Domestic Violence for Nevada on
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
there is a thing called Nevada protection order . it is actually an order by which the applicant can use power of court t require a third party to do or not to do something. you should apply for this order in order to protect your daughter. follow this link to apply or understand

http://www.clarkcountynv.gov/justicecourt/henderson/Documents/HPO/Protection%20Order%20Handbook.pdf

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