Nevada Questions & Answers

Q: My father (PA resident) has timeshare in Nevada. Can I do the paperwork for the set-aside without administration?

1 Answer | Asked in Probate for Nevada on
Answered on Aug 14, 2018
Michael Hales' answer
When I have clients that need advice on Nevada probate law, I typically refer them to Russell Bowler, an attorney at Bowler Dixon & Twitchell.

Q: What is hotel security protocol and are they liable for damages in a shooting?

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Civil Litigation for Nevada on
Answered on Jul 19, 2018
Peter Munsing's answer
If anyone is sued by MGM grand I'll be happy to give them a free consult.

As to the question, status of elevators is not relevant.

Hotel security guards and management liable if they don't take appropriate steps. If the person is violent they are not required to put their life at risk. Depends where they were, what flavor of security person (hotel equivalent of mall cop is different from off hours detective or cop), etc.

There are other possible liable parties.

Q: What duties do property owners have regarding ice/snow removal? I'm paranoid about someone getting injured at my home.

1 Answer | Asked in Personal Injury for Nevada on
Answered on Jul 19, 2018
Peter Munsing's answer
Most states provide that the homeowner has 24 hours after the snow stops to get rid of it. Talk to your insurance--make sure you have a) coverage and b) get their guidance.

Q: After a tenant has been evicted, does the management have to remove all food in the apt right away to prevent bugs?

1 Answer | Asked in Landlord - Tenant for Nevada on
Answered on Jul 17, 2018
Salim U. Shaikh's answer
Immediately on eviction of a tenant, management was duty bound to inspect the said apartment and if food or rubbish was left behind must immediately be cleaned/washed in their own interest. As it was not attended to even after many days since evicted/abandoned is a clear evidence of negligence on the part of management. You may report the matter to health dept. for remedial measures if management is not ready to clean it.

Q: my father died and did not leave a will. how do i go about getting title to his property

1 Answer | Asked in Probate for Nevada on
Answered on Jul 12, 2018
Delwyn E. Webber's answer
Firstly, sorry for your loss.

If he left no Will, he died 'intestate'. To transfer the property, it must first go through the probate process, and from what you have said, you and your father's other child are the heirs to the estate under the NV Statute. Please be aware that your father's debts (if any) must be paid before a distribution is made to the heirs, and if there is a mortgage on the property, it may cause issues for you. I recommend that you meet with a Probate attorney...

Q: I have searched and searched and can't find this answer: where do investments with no brick-and-mortar home vest

1 Answer | Asked in Probate for Nevada on
Answered on Jul 10, 2018
Jonathan Craig Reed's answer
Investments are considered "personal property" as contrasted with real estate or "real property." All personal property, wherever located, should be probated--if probate is necessary--in the state the Decedent was a resident of when he died. For this reason probate courts look at the Decedent's death certificate to see which state he or she was a resident of at the time of death. In contrast, real estate is always probated in the state in which it is located.

Q: Why must a Timeshare be Probated in Nevada when the Owner was never a resident of Nevada?

1 Answer | Asked in Probate for Nevada on
Answered on Jul 9, 2018
Jonathan Craig Reed's answer
Unfortunately, Nevada takes the position that the timeshares are real property (real estate) not personal property. The deed probably has an Assessor's Parcel Number on it and was recorded as a deed. Nevada does not have a simple affidavit procedure for the transfer of real estate below a certain minimal value. Therefore, the timeshare company is correct that to transfer title you must do a probate procedure called a set-aside without administration. In all 50 states the rule is that real...

Q: In a malpractice case is it "required' to take the % off the net amount - settlement minus costs -Statute 7.095

1 Answer | Asked in Personal Injury and Medical Malpractice for Nevada on
Answered on Jul 2, 2018
Joel Gary Selik's answer
Unless it is a medical malpractice, the fee agreement determines when the percentage is calculated, before or after costs. If it does not say, then it is whatever benefits the client the most.

Q: If my friend gets in an accident while driving my car, can he sue me for his injuries?

2 Answers | Asked in Personal Injury for Nevada on
Answered on Jun 29, 2018
Peter Munsing's answer
No way. You can sue him for the damage to your ride if he was at fault.

Q: Insurance company that insures a driver without a driver's license, directly liable for her DUI?

1 Answer | Asked in Personal Injury for Nevada on
Answered on Jun 29, 2018
Peter Munsing's answer
No. But others may be liable. Why not contact a member of the Nv. Assn for Justice--they give free consults.

Q: How liable is a person for a prank gone wrong?

1 Answer | Asked in Wrongful Death for Nevada on
Answered on Jun 29, 2018
Peter Munsing's answer
Depends on many things. If you are talking criminal liability you should discuss that with a criminal defense attorney or the victim assistance coordinator of the DA's office, not on a public website.

Q: Hello, I would like to create a stranger things eyeshadow palette and wanted to know how to go about it?

1 Answer | Asked in Copyright for Nevada on
Answered on Jun 24, 2018
John Espinosa's answer
Yes you can still get into trouble for it.

Q: Hello, I am trying to come out with an eyeshadow palette that is themed stranger things. Can I get into trouble?

1 Answer | Asked in Copyright for Nevada on
Answered on Jun 24, 2018
John Espinosa's answer
If you are marketing it as a stranger things theme then you can expect legal action for infringing on their rights. The right to use the name is covered by trademark law. Here is the trademark ownership info for stranger things: https://trademarks.justia.com/867/68/stranger-86768141.html

Also, here is an article about another business that tried to use their name without permission: https://www.theatlantic.com/business/archive/2017/09/netflix-cease-and-desist-stranger-things/540579/

Q: My mother recently passed and has a home that was titled in a trust with a reverse mortgage does it require probate?

2 Answers | Asked in Probate for Nevada on
Answered on Jun 23, 2018
Jonathan Craig Reed's answer
If the house is titled in the name of the trust, you (technically the Successor Trustee rather than Executor) may sell the house (or transfer it according to what the trust says) without going through probate. Based on your question, I see no need to spend money on probate. Congratulations to your mother for looking out for her family!

Q: Paid my acct $1500, owe $900 balance. He refuses to Efile until I pay him in full. Can I mail in without his signature

1 Answer | Asked in Tax Law for Nevada on
Answered on Jun 22, 2018
Eric Steven Day's answer
You can sign the return and send it in but you are still legally obligated to pay him for the services he provided.

Q: I been here 5 yearI been trying to find

1 Answer | Asked in Bankruptcy, Criminal Law, Real Estate Law and Identity Theft for Nevada on
Answered on Jun 19, 2018
Timothy Denison's answer
Your question has so many variations and possibilities that n one can properly answer it without substantially more information and investigation. Cantaloupe a local attorney, one who specializes in civil law, criminal law and bankruptcy. You have a very complex issue that may only be solved with professional assistance.

Q: I got advised at the airport, will my green card be in jeopardy when I want to reenter US? I plan to go to Canada.

2 Answers | Asked in Immigration Law for Nevada on
Answered on Jun 9, 2018
Carl Shusterman's answer
It depends on the facts of your case. Schedule a legal consultation with an experienced immigration attorney.

Carl Shusterman

www.shusterman.com

Q: This can go to the police record

1 Answer | Asked in Civil Rights for Nevada on
Answered on Jun 8, 2018
Gary Kollin's answer
Whatever you think. You did not ask a question

Q: Can I use pictures of celebrities, musicians, album covers in a blog that compares/contrasts or has surveys?

1 Answer | Asked in Intellectual Property for Nevada on
Answered on Jun 5, 2018
Andrew Zulieve Esq's answer
Your proposed unauthorized use is a risky one exposing you to a civil action in federal court for copyright infringement.

Q: 49 yrs living in us since i was 4 wks old. Permanent resident. Birth cert shows father as us citizen. Am i a us citizen?

1 Answer | Asked in Immigration Law for Nevada on
Answered on Jun 4, 2018
Carl Shusterman's answer
You very well may be a US citizen. However, there are a lot questions which need to be answered including: Were your parents married at the time of your birth? Was your father a US citizen at that time? How long had he been physically present in the US prior to your birth? How old were you when you became a permanent resident?

Schedule an appointment with an attorney experienced in derivative citizenship law.

Carl Shusterman

www.shusterman.com

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