Nevada Questions & Answers

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

Q: Parent request of power of attorney of an adult child due to incapacity; by drug abuse and abusive circumstances.

1 Answer | Asked in Domestic Violence for Nevada on
Answered on Jan 28, 2019
Malcolm P. LaVergne's answer
Sounds like a guardianship question. Very high burden to obtain a guardianship over an adult. Incapacity is more than being a drug addict and general abuser.

Q: Parents brought me here illegally very young. I just want to know my options.

2 Answers | Asked in Immigration Law for Nevada on
Answered on Jan 11, 2019
Kelli Y Allen's answer
Unfortunately, you are in the situation of a large number of young people who need a change in the immigration laws. The Deferred Action for Childhood Arrivals (DACA) program) applies to your situation, but because of the President's executive order, no new DACA applications are being accepted. This is currently being reviewed by the courts, so there is the possibility that DACA applications will resume. If you hear in the news that has happened, contact an immigration lawyer immediately....

Q: My child was injured while on a nature walk. There was a sign that warned of dangers on the trail but nothing about the

2 Answers | Asked in Personal Injury for Nevada on
Answered on Jan 9, 2019
Peter Munsing's answer
Yes--that's an unantiicpated danger he should have warned of separately. Contact a member of the Nv. Trial Lawyers Assn for the county where it happened--they give free consults.

Q: Is it legal to place a GPS tracking system on an RV rental without notifying or getting consent from the person renting

1 Answer | Asked in Personal Injury and Consumer Law for Nevada on
Answered on Jan 9, 2019
Peter Munsing's answer
As it's their vehicle I believe they can put that equipment on it. Even if it wasn't it would be hard to prove damages.

Q: If the DA's office decides to file a criminal charge against the drunk driver who hit my car, can I accept a settlement

1 Answer | Asked in Personal Injury for Nevada on
Answered on Jan 4, 2019
Timur Akpinar's answer
I do not practice in Nevada and can't advise on the specifics of Nevada civil/criminal procedure, but your question hasn't been picked up in four weeks. As a general matter throughout the nation, the criminal prosecution is a separate action from the civil proceeding, resulting in injury claimants typically not awaiting the outcome of the criminal prosecution.

Tim Akpinar

Q: Dad died with a will in Las Vegas on Nov. 10, 2018. He had a will that we haven't seen.

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

NRS 136.050 provides as follows:

1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the will.

2.  Any person named as personal representative in a will shall, within 30 days after the death of the testator, or within 30 days after...

Q: I own my property and paid the taxes since 2011 but the deed is still in the persons name who gave me the property

1 Answer | Asked in Real Estate Law for Nevada on
Answered on Dec 30, 2018
Vincent Gallo's answer
If you were never given a deed for the real estate, you do not own the real estate, irrespective of what you might’ve been paying on behalf of the real estate.

Q: can a person who was convicted of a felony class ( e ) in 1978 get his record cleaned.

1 Answer | Asked in Criminal Law for Nevada on
Answered on Dec 29, 2018
Malcolm P. LaVergne's answer
Not sure about "cleaned," but technically you can have your record "sealed" in Nevada for a Category E felony after two years from the date of your release from custody or release from parole/probation whichever occurs later. See NRS 179.245(1)(c). "A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later." For example, if you were place on probation for three years from a category E felony (likely scenario),...

Q: Can I file for set aside without admin myself for our home deeded in my wife's previous name? And take over the mortgage

1 Answer | Asked in Probate for Nevada on
Answered on Dec 26, 2018
Jonathan Craig Reed's answer
The mortgage company may have a right to call the mortgage as the original owner is no longer the owner. However, the estate does qualify for a set-aside in Nevada based on the facts you have provided. You have a legal right to try to do this yourself, but most people will need to hire a lawyer. If the matter is uncontested, my fee including costs would be $1950 to do this.

Q: I need to hire representatives to guide and adjudicate probate for my father who passed on the 8 Dec. Do you help?

2 Answers | Asked in Estate Planning and Probate for Nevada on
Answered on Dec 22, 2018
Jonathan Craig Reed's answer
Our firm does uncontested probates at discounted rates through out Nevada if the are Set Asides, Summary Administration or General Administration. These terms are explained on our website, probatenevada.net

If the probate is contested (because family members are fighting) you want to hire a Reno lawyer if the estate will be probated in Reno.

In some cases, probate is not necessary. For example, if your father put his assets into a trust, or financial accounts with payable on...

Q: A med pro wrote a mental eval with direct lies in it One is obvious enough in court I think: Is that libel/malpractice

1 Answer | Asked in Libel & Slander and Medical Malpractice for Nevada on
Answered on Dec 20, 2018
Joel Gary Selik's answer
It is neither liable or legal malpractice. It may be another tort and you may be able to add your own notes to the record.

Even if we discuss your case further, I will not be your attorney until we both sign a fee agreement. There are strict time deadlines so that you must file your lawsuit in Court or take other action.

Q: I want to marry a girl from China, we met 3 weeks ago, can I get in trouble doing this ?/

1 Answer | Asked in Immigration Law for Nevada on
Answered on Dec 12, 2018
Jingzhan Wang's answer
more information is needed. What kind of trouble do you mean?

Q: I have a personal injury lawsuit, pending against me which arose from a minor accident. alcohol was NOT involved.

1 Answer | Asked in Bankruptcy for Nevada on
Answered on Dec 10, 2018
Timothy Denison's answer
Yes, it can. E included, but it might be better to go ahead and file, especially if you were going to file anyway.

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