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Nevada Questions & Answers
1 Answer | Asked in Estate Planning for Nevada on
Q: Does a living trust destroy a joint tenancy in Nevada?

I live in an owned joint tenancy. One of the owners made a living trust. Does the living trust destroy joint tenancy if that person dies, or does survivorship still apply to the other person on the deed?

Kirk Kaplan
Kirk Kaplan answered on Jan 28, 2022

A joint tenant creating as revocable living trust along does not destroy a joint tenancy. What destroys the joint tenancy is a joint tenancy drafting a deed removing his/her interest as a joint tenant. So the action of joint tenant signing a deed (s/he along can sign) conveying a her/his interest... Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: I am selling a property in Las Vegas NV that is titled in my name and has been since 2006 when a quit claim deed

executed and recorded at the county recorder and yet the title co want her to sign a document or provide the death certificate (my wife is deceased) & they are telling me quit claim i no good. Do they have the legal authority to demand this

Anthony M. Avery
Anthony M. Avery answered on Jan 26, 2022

The title company has no legal authority. Sell to someone else or hire a competent NV attorney to handle the conveyance. There are some very good NV lawyers here on Justia.

1 Answer | Asked in Family Law for Nevada on
Q: Can a hearing date be moved without a pro se litigant being notified? If not, what can I do about the outcome?

I had a hearing scheduled for my case get postponed until another hearing scheduled for 21 days later occurred. However, the judge and opposing party both were in court on the date for MY case but were discussing the other case. I almost didn't show up, even called the clerk of the court to... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2022

Hearing dates are fluid and are constantly subject to being changed for many different reasons some of which can be due to the court's calendar or counsel's conflict. If a court hearing is changed, you should have received a notice giving you the new hearing date. Although I understand... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Can my ex put our son in a school without my permission?

My ex husband and I share 50/50 custody of our sons. We agreed to pull our 5 year old out of kindergarten due to us believing he is not ready for school yet. We had agreed not to force him to go to dads when he is refusing to go and now he is also forcing him to go after telling him he wouldn’t.... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2022

this answer depends on your decree. if you both share joint legal custody, it is customary for both parents to be involved in this type of school decision - unless your decree states differently. Further, giving a five year old the right to decide on custody/timeshare is not something a judge... Read more »

2 Answers | Asked in Immigration Law for Nevada on
Q: wife was here on a permanent resident Visa her visa expired last year

need to file form i-130 and they form 485 is there any other things that we need to file such as an Affidavit of Support

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jan 17, 2022

Using the information you provided, if your wife is a permanent resident that is also known as a green card holder. The next step could be for her have her conditions removed, with you filing what is called jointly. The documents would include the I -751 application to remove conditions and... Read more »

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1 Answer | Asked in Criminal Law, Tax Law and Federal Crimes for Nevada on
Q: IRS account transcripts issues

I was hoping I could ask you a question.

When I login to get my account transcripts. For some reason as of last Friday I was able to see 2014 and 2015 and download them. However as of yesterday Saturday I can see all of them except for 2014 and 2015 it says N/A for those years.

Is... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 12, 2022

Transcripts only stay available online for a certain period of time. If you did not owe any taxes for a particular year it is not unusual for them to be removed. January is the time of year that the IRS updates its systems so that may be why they disappeared. There is no guarantee that this is... Read more »

1 Answer | Asked in Civil Litigation for Nevada on
Q: Can you go after an ex spouse for money you put towards an old house when I received nothing on closing of the house
Malik Waqar Ahmad
Malik Waqar Ahmad answered on Jan 11, 2022

If you were not on the escrow papers, title of the home, you would get nothing. However, you always have a private cause of action as breach of contract but be prepared to face an uphill battle.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Nevada on
Q: Do I have to show identification to an police officer if i wasnt involved in a crime an didnt commit a crime?

I was illegaly detained an imprisoned by hotel security for a crime someone else did an I wasnt around the crime occured had no knowledge of the crime. Just for being an acquintance to the individual.

Malik Waqar Ahmad
Malik Waqar Ahmad answered on Jan 11, 2022

It is your duty to fully cooperate with any lawful demand of the police officer. However, it is his job to determine the probable cause. The probable cause is a legal word which means he has justified reasons that you are invovled or had committed or violated a law. For instance, police cannot stop... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: Is commute pay not eligible for overtime?

I work for a temp agency that sends me to several locations around the city. There is one location that is an hour and a half outside of town. We carpool to this location and are paid 2 additional hours for travel. This travel pay is never overtime. We could go to this location everyday for a week... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 5, 2022

The general rule for travel time pay is that you must be paid for travel during your work day (ex. from work location 1 to work location 2) but not for travel to your first site for the day or travel home after your last site of the day. If travel to the out-of-town location you mentioned is the... Read more »

1 Answer | Asked in Federal Crimes, Identity Theft, Securities Law and Stockbroker Fraud for Nevada on
Q: Rollover IRA checks mailed to the wrong PO BOX by OneAmerica and were electronically deposited by someone else.

Back in October, I started a rollover IRA with my previous employer’s retirement services company, OneAmerica. Unfortunately, OneAmerica sent the checks (payable to Fidelity FBO w my name on them) to an incorrect PO BOX (1 number off). These checks were electronically deposited by the owner of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 29, 2021

You may have more trouble getting your rollover IRA money back than you had hoped. Why?

Because it was deposited electronically (without prejudice) and credited to some unknown person's account at Wells Fargo Bank, N.A., which is notorious for holding onto money not supposed to be...
Read more »

1 Answer | Asked in Car Accidents for Nevada on
Q: I changed lanes and then as I passed the car to the left they moved into my lane hitting me. Their ins. Co said we both

We're at fault and something about shared responsibility. Been trying to get ahold of them but to no avail. How do I dispute their decision and get my car fixed

Tim Akpinar
Tim Akpinar answered on Dec 26, 2021

A Nevada attorney could advise best, but your post remains open for three weeks. The situation you describe is a difficult one to resolve amicably. It's your word against the other driver's. Unless there's some form of convincing evidence, such as video footage or testimony from a... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: My mom has a revocable living trust. I am her only son. I am the successor trustee and beneficiary.

We live in her home which is in the trust. When she passes can I take over payments and keep the home? She owes 350k but house is worth 700k. We are in NV

Nina Whitehurst
Nina Whitehurst answered on Dec 13, 2021

You would be considered a "successor in interest" and, yes, you can just keep making the payments. When the trust administration is complete and the home is in your name, provide a copy of the deed to the mortgage lender and let them know that they should start sending statements to you.

2 Answers | Asked in Personal Injury for Nevada on
Q: The case settle and signed all documents and notarized, how long will I get my settlement payments?

It’s been over 2 months and other party already offer the amount and my Lawyer and I agreed the amount offer, but till now my Lawyer said he haven’t received the payments! Why, it’ takes too long to receive my money and I think my Lawyer keeping my money for some reason! Please let me know... Read more »

Ben Bingham
Ben Bingham answered on Dec 14, 2021

Typical turn around times are two - four weeks. However, there are factors which can cause delays. If medical liens exist with medicare or medicaid and your attorney is requesting reductions on the amount you are required to pay back, the same can take weeks. Further, if your claim was in... Read more »

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1 Answer | Asked in Divorce for Nevada on
Q: Me & my now ex wife , had filed for divorce. We agreed on each person keeping their own stuff , we did not do 50/50 on

anything. The divorce status says case is closed. She is now saying she is going to sue me/change divorce because I recently sold my house & she wants money from that . Is she able to sue me or do that ? (Also I bought the house 4 years before we got married)

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 10, 2021

Once the divorce has been finalized and the notice of entry of Decree has been filed your divorce is final and the parties are bound by the Orders in the Decree.

1 Answer | Asked in Family Law for Nevada on
Q: How do I get my kids father to stop drunk texting me in the middle of the night.

My kids father no longer has legal or physical custody. He has chosen to not sew or talk to them in a year. But now he's starting to text me in the middle of the night drunk or on drugs or both. How do I get him to stop. Also says hes working but I have not been able to get the DA office to... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 6, 2021

your message does to specify whether the custody arrangement is a court order or based on the fact that Dad has chosen not to speak to the child for a year. If there is no legal custody order in place, I suggest you file a Complaint with the court and address the child support in the same matter.... Read more »

1 Answer | Asked in Personal Injury and Banking for Nevada on
Q: This is what happened to me. My bank gave out my balances that resulted in 90k taken from my bank. They even called me

That they were aware they made the mistake and were investigating. Never heard back from them. I guess there was a judgment in a civil case that I was completely unaware of.. I mean nothing. They didn't show that I was served, called or anything. Now they did have a curior say that he... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 6, 2021

A Nevada attorney could advise best, but your question remains open for two weeks. Since this involves a judgment, a collections attorney would probably have better insight here than a personal injury attorney. There's no guarantee all posts are ultimately picked up, but you could repost and... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: Father lived in Las Vegas, passed away Feb 21, was told May 21, how can I find out if I am in his will?

I live in Florida, and last time we spoke he stated he was leaving his children a will or something, his current wife, who married him, while was still living with my mother, seems to have recently sold the house they were living in.

How can I find out if he had a will, and left us his... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 2, 2021

this is something you need to speak to an attorney who practices estate and probate law.

1 Answer | Asked in Family Law for Nevada on
Q: Non custodial parent wants joint custody. He is not on birth certificate. He never paid child support.

He waited 9 years to establish paternity test. He is lying about being in the child’s life. He only sees her whenever he wants to. Can he still get joint custody.

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 2, 2021

Although it may seem unfair, if he can prove paternity and wishes to be in the child's life, even after 9 years of no relationship with the child, it is likely that the judge may give him some type of custody/visitation rights.

It all depends on the particular situation and thus you...
Read more »

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Do I have a legal right to know who is around my child when with the other parent if I have primary custody?

I have primary but share legal. Other parent refuses to let me know who's around our child when in her custody.

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 29, 2021

Normally speaking, a parent in a custody/divorce case with children does have the right to know where and with whom their children are spending time with. I say normally, because at times this gets a bit tricky with the parents becoming unreasonable in this request. Parents, during their assigned... Read more »

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