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Nevada Questions & Answers
1 Answer | Asked in Probate for Nevada on
Q: Do I need a lawyer if my Veteran ex husband died without a will and my son and I were receiving benefits from him?

My son was receiving child support and health/dental insurance, I was receiving part of his military retirement (community property). He had arrears for child support as well. He was remarried but his widow refuses to talk to me. We are in Nevada and I received a call from the child support office... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 28, 2020

You can make a claim against his estate for the past due child support. A probate attorney can help you with this.

The share of his retirement pay probably ended when he died, unless it was a joint and survivor annuity. More information is needed in order to sort that out. The attorney...
Read more »

2 Answers | Asked in Estate Planning for Nevada on
Q: As executor of an estate, could a bank request other documents besides the death certificate and letter of testementary

I am my mothers executor. I was able to close all her accounts with only the letter of testementary and death cert. I went to a small bank to take possession of her safe deposit box and the bank approved my documents in person.

The next day they called me and said I only had an oath. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 25, 2020

An attorney would need to review your documents to see if they are valid and sufficient for this purpose. If they are, the attorney could write a letter to the bank explaining why they must honor it. In the worse case scenario the attorney could help you get an order from the court compelling the... Read more »

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2 Answers | Asked in Admiralty / Maritime and Constitutional Law for Nevada on
Q: How are you able to confirm a court is operating under Maritime Law(dry dock) and not Constitutional?

I understand the fringe on the flag, how to confirm it w presiding "judge" while present in court is my goal.

Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

A court does not operate under maritime law, as opposed to other types of law. It operates under state rules of civil procedure, or the Federal Rules of Civil Procedure that ordinarily govern maritime cases filed in federal court. Maritime law can be the basis of the SUBSTANTIVE law issues in a... Read more »

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1 Answer | Asked in Personal Injury, Products Liability and Legal Malpractice for Nevada on
Q: Our attorney wants to withdraw in the middle of settlement talks

An out of state attorney is in the middle of settlement negotiations with all defendants. The in state attorney who filed the case wants to withdraw suddenly, which will end the case. Is this legal?

Tim Akpinar
Tim Akpinar answered on Jan 21, 2020

From the brief description, it looks like your attorney is appearing in Nevada courts through a motion filed by local counsel. A Nevada attorney could advise you on the specific rules of civil procedure governing such appearances by out-of-state counsel. But your post is open for a week, and time... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: In the state of Nevada, will filing a Homestead Exemption do anything if our home is in our Living Trust?

We are married and living in our primary residence which is paid off and valued ~$570K. Our house and other assets are all owned by our revocable Living Trust. We have never filed a Homestead Exemption in Nevada, but recently friends have told us we should do this to protect the equity in our home.... Read more »

Tiffany Ballenger Floyd
Tiffany Ballenger Floyd answered on Jan 21, 2020

Nevada homestead exemption protects the equity in your primary residence (w/ proper homestead filing) up to $550K- cheap & easy protection! A revocable living trust typically does not provide ANY asset protection to the creators of the trust, so it's probably wise to file your homestead. It can be... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Nevada on
Q: Hello my mom was arrested here in 2020 for check fraud in 2009. Is there a statue of limitations on that

She has gone to court twice since then for traffic tickets and no told her anything of the sort

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Jan 21, 2020

If formal charges were filed in 2009, then no. The warrant stays forever, most of the time. I've had people with warrants out for seven or eight years. They left the state, and then they apply for a special job or a professional license, so it finally comes up. So the charge has to be dealt with,... Read more »

1 Answer | Asked in Bankruptcy for Nevada on
Q: I filed Ch. 7 in Dec. I exempted my tax return for estimated $1500. Looks like I'm getting more. Can I protect it?

Just received my w2 and since my income took a dive and I had a new child, I'm getting more than I thought I would.

You can protect more of your refund up to the remaining g unused exemption amount in your state or under the federal exemptions.

1 Answer | Asked in Immigration Law and Education Law for Nevada on
Q: I’m 16 years old and I can’t find any path to becoming a citizen.

Basically when I was 6 months old my parents brought me to the United States and overstayed their VISAS. Nobody in my direct family is a legal citizen, and I am at a loss for answers. I’m currently going to a CTA highschool and I want to go to university and college, but I have no idea how to go... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 18, 2020

The question requires legal advice that can take time and should be limited to an appointment, perhaps, a legal opinion.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who will take the time to carefully explain what...
Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Nevada on
Q: I called and was refused ambulance ride

I called an ambulance because I couldn't move and was sick and was refused a ride to the hospital and was told I am a waste of space and don't deserve a bed. Ten minutes later I pulled the courage to call again and I told them I was sick and now also having suicidal thoughts.

Tim Akpinar
Tim Akpinar answered on Jan 18, 2020

I'm sorry for your ordeal. There wasn't a question here, but if you are wondering about your rights, the best option might be to contact a Nevada attorney to discuss the matter in further detail. This could be a fact-intensive matter, where an attorney may want to review any reports that were made.... Read more »

1 Answer | Asked in Bankruptcy for Nevada on
Q: I am 89 years old and live on Social Security and Cal Pers with no assets . Am I protected from judgments?

Am I considered judgement proof?

You should be judgment proof, yes.

1 Answer | Asked in Criminal Law and Domestic Violence for Nevada on
Q: My boyfriend went to jail for a dom battery 1st,is he looking at alot of jail time for this?

He has a court date for thursday, possible he will get out that day?

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Jan 15, 2020

Yes (with restrictions), or you can bail him out before that date, unless specifically denied by a judge. He's facing 180 day in jail, but most likely probation.

1 Answer | Asked in Small Claims and Probate for Nevada on
Q: what are my rights to protect my kids, myself, my home from being harassed by my fiancées ex-wife and his mother?

My fiancée passed away Dec 1st. It was all over the news. Not even 12 hours of his death and his ex-wife, his mother and sister started threatening and harassing me. They are threatening to break into my home for his belongings so they can sell it and make a profit. They sure act like this man was... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 9, 2020

I am truly sorry for your loss. What you are going through is tragic, and it is a terrible example of failure to plan, because I have to assume that your fiancee' did not have a will. If he had a will, it would have named you to receive everything if he died, of course, and nobody would be... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: Can any employer force you to work through your lunch break if they pay you for your lunch break period in Nevada?

My employer pays for lunch breaks as a benefit. HR never mentions that you have to work through your lunch, but management sometimes does, or in the case of grave shift, it's pretty much mandatory all of the time. I'm curious if this is legal, the laws I've read dont address this particular... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 8, 2020

Under the Fair Labor Standards Act, interrupted breaks, meaning breaks where employees are still required to perform work, must be paid. Since your employer is paying you for your lunch break, there is no violation here. The Fair Labor Standards Act does not require employers to offer employees... Read more »

1 Answer | Asked in Immigration Law for Nevada on
Q: With the new Public Charge Rule, will no employment history & Medicaid influence a Citizenship Application eligibility?

Hello - - I live in Las Vegas & I currently have a Green Card that I received through the Green Card Lottery in 2012. I am living with my Fiance (who has been supporting me) and I want to apply for US Citizenship this year. I have no employment history to indicate on the N400 Form because my Fiance... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 7, 2020

Public charge is generally not a factor in determining eligibility for citizenship, so no, that should not impact you.

1 Answer | Asked in Civil Rights, Construction Law, Consumer Law and Real Estate Law for Nevada on
Q: Is having no hot water in the house for 5 days and a two year old in the house with me considered as an emergency?

Home owners insurance company stated that it is not an emergency to have no running hot water for five days and a two year old in the house. That because it's a plumbing issue even though in they're policy it states otherwise.

Tim Akpinar
Tim Akpinar answered on Jan 5, 2020

I'm sorry for your ordeal with a baby in the house. You could review the policy with a Nevada attorney, but if it is similar to most homeowner policies, the circumstances you describe might not be covered. Every policy is different and without seeing your policy, it's difficult to guess what it... Read more »

1 Answer | Asked in Consumer Law for Nevada on
Q: How can I obtain a lawyer to protect me against my apartment complex.

I pay almost $1600 a month in rent and the leasing off drags their feet on fixing anything in my apartment. I have kept every picture and email I’ve sent to them. It’s currently 32 degrees and I have no heat in my home. I have a big hole in my wall cut out by a vendor. Garbage disposal not working.

Tim Akpinar
Tim Akpinar answered on Jan 4, 2020

Contact a Nevada landlord-tenant attorney or repost in the Landlord-Tenant category. Consumer law attorneys (where this is posted) don't usually deal with these issues. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury and Small Claims for Nevada on
Q: Can I be compensated for pain from a fallen sprinkler head cover?

I was in a casino in Las Vegas and struck by a falling sprinkler head cover. It hit my arm so it's not a major injury, but after a night my arm is hurting badly. What kind of compensation can I ask for from the risk management?

Tim Akpinar
Tim Akpinar answered on Jan 1, 2020

It's possible you could. Your post remains open for two weeks, so at this point, you might want to think about contacting an attorney to discuss your matter. There are Nevada attorneys on this site who handle these types of cases. You could contact one of them, or you could search for someone on... Read more »

3 Answers | Asked in Immigration Law for Nevada on
Q: I'm filling out an I-129F but my fiancé doesn't know where and when his father was born. Should I just put "unknown?"

I'm trying to get my fiancé a k-1 visa.

Amanda B Cook
Amanda B Cook answered on Dec 30, 2019

You can write "unknown" if it is truly unknown - but with the current administration I'd be prepared for issues from it. If you have any contact at all with that side of the family, or anyone who may know, I'd reach out to try and get the right answer.

Good luck! (Of course my best advice...
Read more »

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1 Answer | Asked in Personal Injury for Nevada on
Q: If a person falls on a buisness property, is it the buisnesses responsibility to cover the costs? Medical etc.

My mother fell at walmart, the video is very poor quality, she got hurt, and they say the wheel was never on the cart tto begin with. That to me is worse than if the wheel fell off because an employee didnt inspect the cart, and put it where a customers safety was at risk( where all the carts are... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 28, 2019

I'm sorry your mother was injured. They could possibly be responsible to cover the costs. The fact that she fell on their property does not make them automatically liable. You are thinking in terms of a strict liability case. In this type of accident, your mother needs to demonstrate negligence on... Read more »

1 Answer | Asked in Contracts for Nevada on
Q: I hired a Ghost writer to write my book. I have found that they lack the experience to complete book.breech of contract

Can I recoup my money?

Tim Akpinar
Tim Akpinar answered on Dec 26, 2019

It would be difficult to offer you a simple "yes" or "no" answer here. The first thing an attorney would probably do if you arranged a meeting with them would be to ask to see the contract, and in particular, how it addresses the element of the ghost writer's experience. If it is not nailed down... Read more »

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