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Nevada Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If the other parent misses visits to build back a bond do I still have to send my daughter for summer??

My daughter is 6 her father hasn't seen her in a yr and half. The judge just told him on feb 27th that he needs to come out to las vegas to build back a bond before summer. He isn't coming out here so I don't feel comfortable sending my daughter for half of summer to spend it with... View More

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Mar 12, 2024

Although I understand your concerns, it is important to follow the Court Order as it pertains to the visitations. If he is in violation of the Court Order and not attempting to build the parent/child bond by coming out to Vegas, then it would be up to you to file a motion with the court advising... View More

1 Answer | Asked in Gov & Administrative Law for Nevada on
Q: Had a truck sold to me. The title isn’t clear

The vehicle was purchased from the son of the owner who is deceased. The dmv wants two death certificates to clear the title. Now the son won’t respond to any calls or answer his door. Refuses to help. Have a notarized transfer of title clearly showing that he relinquished ownership. But he... View More

James L. Arrasmith
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answered on Mar 11, 2024

Here are some steps you can take to try to resolve the situation with the unclear vehicle title:

1. Obtain the death certificates yourself: Contact the vital records office in the county or state where the deceased owner passed away. As long as you have the necessary information (such as...
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1 Answer | Asked in Tax Law for Nevada on
Q: I received unclaimed property from the State of California related to my fathers estate.

The amount was approx 45K which I split with my sister 50/50. I never received a 1099 from CA regarding this payout. I am trying to determine how to handle for tax purposes. It was in a traditional IRA and my guess is that the estate should have claimed it but that was 8 years ago. Should the... View More

James L. Arrasmith
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answered on Mar 11, 2024

As the executor of your father's estate and the trustee of the trust, it is your responsibility to ensure that the unclaimed property from the IRA is properly reported and taxed. Here's what you should consider:

1. Inherited IRA distributions are taxable: Generally, funds received...
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2 Answers | Asked in Bankruptcy for Nevada on
Q: I am behind on my bankruptcy chapter 13 payment for 1 month. 2 months behind mtg pmt post. Should I dismiss an refile?

I am 1 month behind trustee payment. 2 months behind post petition on my mortgage paynent and I accumulated additional debts. Should I dismiss my chapter 13 and refile? How long before I can file again?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 5, 2024

I'm most familiar with bankruptcy as applied in PA, but my experience in various states, including OK, TX and GA, as well as DE and NJ, is that Ch. 13 trustees differ by region, and even among themselves, as do Judges.

Based on that experience, with both Trustees and the Courts keeping...
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2 Answers | Asked in Bankruptcy for Nevada on
Q: I am behind on my bankruptcy chapter 13 payment for 1 month. 2 months behind mtg pmt post. Should I dismiss an refile?

I am 1 month behind trustee payment. 2 months behind post petition on my mortgage paynent and I accumulated additional debts. Should I dismiss my chapter 13 and refile? How long before I can file again?

James L. Arrasmith
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answered on Mar 8, 2024

I would not recommend dismissing and refiling your Chapter 13 bankruptcy without careful consideration and advice from your bankruptcy attorney. Here are a few important things to keep in mind:

1. Refiling timeline: If you voluntarily dismiss your Chapter 13 case, you can generally refile...
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1 Answer | Asked in Banking and Business Law for Nevada on
Q: If square froze my account for suspicious activity and a check was returned are they responsible nfs returned check fee

On Thursday February 29th square bank froze my account for what they thought was suspicious on Friday march 1st a bill pay I initiated on Thursday was returned now the company I was paying the bill to wants an additional 100 dollars for the returned check fee is square responsible for that fee? I... View More

James L. Arrasmith
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answered on Mar 4, 2024

When your account with Square Bank was frozen due to suspected suspicious activity, and as a result, a check was returned, this situation understandably causes frustration and financial inconvenience. Banks and financial institutions have policies in place to monitor and act on activities they deem... View More

1 Answer | Asked in Civil Litigation and Securities Law for Nevada on
Q: Hello, just want to find out if i can use small claims court to recover stock losses due to fraudulent public statements

made by CEO of company. Will small claims hear this type of case? Thanks

James L. Arrasmith
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answered on Mar 2, 2024

In most cases, small claims courts are designed to handle disputes involving relatively small amounts of money. Claims related to stock losses due to fraudulent public statements made by a CEO of a company might involve complex legal issues and substantial financial damages, which may exceed the... View More

1 Answer | Asked in Landlord - Tenant for Nevada on
Q: If I took over a rental lease for over a year that is not in my name. Can they kick me out? And do I have time to move?

The lease holder for the apartment unit is threatening to change the locks and want the place back. Can they do that, and do I have legal rights to stay or find another place for me and my kids.

James L. Arrasmith
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answered on Feb 27, 2024

If you've been living in a rental unit under a lease that's not in your name, your situation is a bit complex. The original leaseholder cannot just change the locks and kick you out without following the proper legal eviction process. This process varies by location but generally includes... View More

1 Answer | Asked in Consumer Law for Nevada on
Q: I purchased an extended car warrantee but am unable to find a service that will accept same. I requested a full refund

The company (Palmer Administration) does not respond to any written correspondence and hangs up the phone when I contact them. They could also not help by giving me a name of a repair shop that would accept their warrantee. I purchased their policy about 1 year ago and have now stopped paying the... View More

James L. Arrasmith
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answered on Feb 24, 2024

When dealing with a situation where a warranty company, such as Palmer Administration, is unresponsive to requests for service or refunds, it's important to document all your interactions. This includes keeping records of all correspondence, phone calls (with dates and times), and any other... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Nevada on
Q: Living in Georgia prior to 11-1-2023, I moved to Las Vegas with my now 19 month old daughter, my mother and step-father.

Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You need to reside in your current state for a total of 6 months prior to the court there having jurisdiction for your child. You need to be in your county for a minimum of 90 days. SInce you are not married to the Father, in the absence of any other order, it is likely you are the sole custodian... View More

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Nevada on
Q: Living in Georgia prior to 11-1-2023, I moved to Las Vegas with my now 19 month old daughter, my mother and step-father.

Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Feb 14, 2024

If Georgia has jurisdiction of the child, and you have a previous custody decree, leaving the state without either the parent's consent or a court order giving you permission to relocate is not a good idea and can possibly have negative repercussion for you . It is best to file a motion with... View More

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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: With an affidavit of entitlement in Nevada completed and notarized, how do you cash a check made out to the estate?

My mother passed away with the majority of her assets distributed to heirs through beneficiaries, joint tenancy, etc. Leftover, there are a handful of checks made out to the estate of ____.

How do you actually go about cashing those checks with the affidavit?

Kirk Kaplan
Kirk Kaplan
answered on Feb 11, 2024

Likely the Affidavit will not be effective with banks, but you could try to ask if they would cash the checks. Try the bank you are currently work with. Or, send the affidavit to each of the issuers of the checks and them to re issue the check in your name. Depending upon the number of checks,... View More

1 Answer | Asked in Banking for Nevada on
Q: My Bank (Chase) made a wire to some unknown out of my account. Without my authorization.

I found out the next day when I went online to pay my bills. I saw that I had a negative amount. I contacted the bank immediately and was told to call back in the morning when they opened up??. I did and the conversation got hot real fast. The amount is over 90k. Which wiped me out and caused me to... View More

James L. Arrasmith
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answered on Feb 5, 2024

I'm sorry to hear this happened. A bank making an unauthorized 90k wire transfer from a customer's account is a very serious matter. Here are the steps I would recommend you take:

1. Document everything. Keep detailed written records of all your interactions with the bank...
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1 Answer | Asked in Trademark and Intellectual Property for Nevada on
Q: I created a label for my candle company, but it looks similar to an already established company’s label. Is this legal?

I use a common font as my candle name font, for my website headers and for my logo. They appear to use the same font for their candle names and website headers. We both use is lowercase in our website headers and candle names. Our candle names are similar in that we use phrases or places to name... View More

James L. Arrasmith
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answered on Feb 5, 2024

The legality of your label's design in relation to another company's label hinges on whether it creates confusion among consumers about the source of the products due to the similarities. Trademark law protects brand names, logos, and other identifiers from being used in a way that could... View More

1 Answer | Asked in Probate for Nevada on
Q: An attorney for my mothers estates wants me to sign off on a finalized letter before I have recv'd my items left to me

in the will. I refused until he can give me confirmation that my sister will give me the items. Now the atty is threatening a hearing.

T. Augustus Claus
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answered on Jan 29, 2024

Don't sign anything before receiving your inheritance and understanding your rights. Seek legal advice from a separate probate attorney in Nevada. They can explain your rights, clarify the document and pressure tactics, and advise on next steps like requesting clarification, expressing... View More

1 Answer | Asked in Landlord - Tenant for Nevada on
Q: My gf has slept over for a few nights, my landlord/roommate is now harassing me at work over this, can i file a lawsuit?

My girlfriend has stayed the night inconsistently over the last week, my roommate is my landlord and is bothered by this. He attempted to talk to me but i didnt have time to listen as i was headed to work, and then he decided to contact my workplace and harass me in an attempt to get me suspended... View More

James L. Arrasmith
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answered on Jan 27, 2024

In Nevada, landlords must respect the rights and privacy of their tenants. If your landlord, who is also your roommate, is harassing you at your workplace over a personal matter, this could potentially be considered tenant harassment. However, the specifics of your lease agreement, including any... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Nevada on
Q: What kind of lawyer do I need? Me and my girlfriend broke up and we own the house and property and 2 cars Together?

And it's payed off. The problem is that she went mannic and left to another state and cheated on me wreck 2 of the 3 cars and I'm on the title of all of it and insurance and on the title of the cars say and instead of or. So I'm in very bad situation. It's in nevada. Please help

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, given the complex situation involving jointly owned property, vehicles, and a breakup with your girlfriend, you may need the expertise of an attorney specializing in both Real Estate Law and Civil Litigation. A real estate attorney can assist you in navigating the legal aspects related... View More

1 Answer | Asked in Contracts and Construction Law for Nevada on
Q: If company adds fees to final Invoice but never gave me a change order for nor agree too as I liable to pay?

Also didn’t sign it, tons of work wasn’t completed nor happy with. I paid majority but the extra fees they are trying to add on never happened nor was I advised until day we met in person. Never signed a change order like I did previously.

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, the situation where a construction company adds fees to a final invoice without providing a change order, agreement, or obtaining your signature raises concerns regarding the legitimacy of those additional charges. If significant work remains incomplete and you are dissatisfied with the... View More

1 Answer | Asked in Divorce and Family Law for Nevada on
Q: Which forms would you use to file for divorce if both parents have had their parental rights terminated?

There are with children forms and without children forms.

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answered on Jan 24, 2024

In Nevada, if both parents have had their parental rights terminated and there are no children involved in the divorce, the appropriate forms to use would be those designed for a divorce without children. These typically include a Complaint for Divorce (without Children), Summons, and Decree of... View More

1 Answer | Asked in Construction Law for Nevada on
Q: Contractor sent a notice of intent but I never signed change order form nor agreed to new charges am I liable?

I did cut them a check minus the additional fees not agreed too and now I have a notice of intent. They cashed the check as well with paid in full in the memo.

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, construction contracts and change orders typically require clear communication and mutual agreement between the parties involved. If the contractor sent a notice of intent and you did not sign a change order form or agree to new charges, it raises questions about the validity of the... View More

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