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Nevada Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Nevada on
Q: My job is having me taking care of electrolyte waste, toxic waste, flammable liquid, flammable solid, aerosol flammable

My job is having me taking care of electrolyte waste, toxic waste, flammable liquid, flammable solid, aerosol flammable gas, cathode slurry, anode slurry, phosphoric acid solution, UN1805, UN3175, UN2924, UN3077, xylene, UN2811, etc. I am doing all this job without proper PPE, without proper... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2025

A Nevada attorney could advise best, but your question remains open for a week. Those are some nasty substances you're dealing with. Some of the things you mention are general headings for waste streams, but they can pose health risks, depending on their concentrations and your level of... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Family Law and Contracts for Nevada on
Q: Can a plaintiff file a lis pendens if judgment execution is delayed and assets are transferred?

I am dealing with a situation where the family court has entered a judgment for the division of several joint accounts, but the defendant has delayed execution and transferred the joint assets. The defendant's appeal has been dismissed, and there is a motion without progress. Currently,... View More

Jennifer Setters
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answered on Mar 13, 2025

A lis pendens (or "notice of pending litigation") is typically used in real estate disputes to provide public notice that a legal claim is affecting a property. In Nevada, a lis pendens is generally limited to cases involving title or interest in real property and may not apply directly... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Nevada on
Q: How can I clear a wrongful 2013 domestic violence conviction in NV?

I was convicted of a domestic violence charge in 2013 that I did not commit. There were no witnesses, statements, or evidence against me; my mother, who was drinking at the time, called the police. I accepted the charge to get out of jail and have since avoided visiting my mother to prevent further... View More

Jennifer Setters
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answered on Mar 4, 2025

Clearing or removing a prior conviction—especially a domestic violence conviction—in Nevada generally involves a formal legal process such as expungement, record sealing, or seeking a pardon. Nevada law does allow for sealing certain criminal records after meeting specific conditions, which... View More

1 Answer | Asked in Divorce for Nevada on
Q: Does a name discrepancy affect my divorce decree's validity?

I recently discovered a minor discrepancy in my divorce documents. My last name is printed with an apostrophe on the divorce decree, while it does not appear on the marriage certificate. I noticed this a few days ago but haven't encountered any issues because of it over the years. I... View More

Jennifer Setters
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answered on Mar 3, 2025

A minor discrepancy, such as an apostrophe appearing differently in your name between the divorce decree and the marriage certificate, typically would not invalidate your divorce decree, especially if you've had no practical issues related to it over the years. Courts generally recognize that... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Nevada on
Q: Can we remove unwanted occupants from property with life estate in Nevada?

I own a property where my parents have a deed of life estate, and my name is on the paperwork as the owner. We previously evicted some people from another property we own, but they have now moved onto the property with the life estate. Despite our objection and telling them to leave, they are... View More

Anthony M. Avery
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answered on Feb 26, 2025

The life tenants can allow anyone to occupy the property. If you own the reversion, it has not vested in possession yet which is when both life tenants pass. There may be other ways to get them out, especially if they are criminals or owe money to others.

1 Answer | Asked in Probate and Estate Planning for Nevada on
Q: Need estate administration guidance for deceased father's unwilled estate.

I need administrator of estate paperwork for my father who passed away. I don't believe he had a will, and I'm unsure how to proceed with managing his estate or addressing any potential debts or assets. I need guidance on the legal steps to take.

Delwyn E. Webber
Delwyn E. Webber
answered on Feb 26, 2025

Good morning.

Firstly, sorry for your loss.

If your late father was a NV resident, you may have to open a Probate action here. Whether you will need to do this, or what type of Probate may be required depends upon the type/value of his assets. Clark County Probate Court website...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: My ex decided he wants nothing to do with our baby and wants to relinquish his rights. Does he still have to if he’s not

Does he still have to sign over his rights if he’s not on the birth certificate? The baby will be born in Las Vegas,Nevada

Jennifer Setters
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answered on Feb 24, 2025

In Nevada, if the biological father is not listed on the birth certificate, he is not automatically recognized as the legal father. However, if he wants to formally relinquish his parental rights, he may still need to go through legal proceedings, especially if you or someone else (such as an... View More

1 Answer | Asked in Estate Planning for Nevada on
Q: Does medical POA have duty to inform siblings of care changes?

My sister holds a medical power of attorney (POA) for our mother, who lives in Nevada. After our mother suffered a stroke and was initially expected to remain in the hospital, she was released back into a group home while her condition was less than stable. My sister did not notify me of this... View More

Kirk Kaplan
Kirk Kaplan
answered on Feb 19, 2025

I am sorry to hear your mother suffered a stroke. Such medical events are life changing. From this point forward, your sister has a lot of work, which can be very stressful and unsatisfying.

In re your sister's authority as agent under your mother's Power of Attorney for...
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2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: Registered a Trademark to Prevent Other Amazon Sellers from using this Keyword

With names changed here to protect me - I sell salt and shakers on Amazon and used a popular keyword such as "Black & White" to register a brand name with the USPTO. This is a keyword many sellers are using as a phrase, but none registered. The USPTO approved my mark for the name... View More

Sean Goodwin
Sean Goodwin
answered on Jan 22, 2025

Keywords are descriptive of the product. Trademark law allows your competitors to use words to physically describe their products, such as "black and white" shakers.

If anyone was using "black and white" as a brand for their salt and pepper shakers before you registered...
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2 Answers | Asked in Child Support and Family Law for Nevada on
Q: Can a prior motion to reduce child support be revisited in future motions after it was completed?

I filed the motion after a job change and it was completed in court without opposition. After being laid off, I filed another motion to reduce child support, but the plaintiff filed a counter motion accusing me of intentionally being underemployed and is now calling into question the circumstances... View More

Jennifer Setters
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answered on Jan 31, 2025

In Nevada family law, while finalized motions typically cannot be re-litigated, child support is always modifiable based on changed circumstances. Here’s how it applies to your situation:

1. Can a Prior Child Support Motion Be Revisited?

If your first motion was properly...
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2 Answers | Asked in Child Support and Family Law for Nevada on
Q: Can a prior motion to reduce child support be revisited in future motions after it was completed?

I filed the motion after a job change and it was completed in court without opposition. After being laid off, I filed another motion to reduce child support, but the plaintiff filed a counter motion accusing me of intentionally being underemployed and is now calling into question the circumstances... View More

Philip Spradling
Philip Spradling
answered on Jan 20, 2025

If there was an express finding of a certain fact, then that cannot usually reversed absent a showing of fraud, etc. But usually a child support order just reduces the child support to a certain amount, without any express findings of fact regarding the circumstances behind it.

That does...
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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: Need help being represented as a co-executor of an estate/trust

My grandmother recently passed away and myself and father are co-executors of her estate and trust. I live out of state and my father is trying to execute without acknowledging me as his co-executor and not being up front about what he is doing. I am Looking for an attorney to represent me as a... View More

Jennifer Setters
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answered on Jan 13, 2025

It’s crucial to consult with an attorney to address this matter effectively. Being a co-executor gives you specific rights and responsibilities, and an attorney can ensure that your role is acknowledged and that the estate is managed properly according to the terms of the trust and state laws.... View More

2 Answers | Asked in Divorce and Family Law for Nevada on
Q: Am I entitled to half a house my wife bought while married even though I signed a notarized form giving up liability?

Her dad used her name to buy it, but he used his money to pay it off. Her married name is still on the assessor's information.

Philip Spradling
Philip Spradling
answered on Dec 26, 2024

Maybe. In general, quitclaiming or deeding a property does eliminate your interest in the property. But sometimes there are ways to get some or all of it back. The answer depends on the laws of your state and the specific circumstances.

In Nevada, it is usually possible to re-acquire a...
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1 Answer | Asked in Contracts, Family Law, Arbitration / Mediation Law and Child Custody for Nevada on
Q: Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?

Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly... View More

Philip Spradling
Philip Spradling
answered on Dec 19, 2024

In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.

But faced with the sort of...
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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: A NV sheriff has divorce papers from NY where my husband lives.What happens if I don't accept them?

I don't want to make this easy for him. What he did to me is beyond belief after 24 years of marriage. I would Iike to know my options .

Philip Spradling
Philip Spradling
answered on Dec 12, 2024

Proper service does not require 'acceptance.' If the papers are handed to you or otherwise placed into your knowing possession, then you have been served. Service can also be made by giving the papers to an adult staying at your home. In Nevada, service can even be made to a guard in a... View More

1 Answer | Asked in Divorce and Family Law for Nevada on
Q: I married my husband in two states NV and NY,a month apart. Do I need to divorce in both states or just one of the two
Philip Spradling
Philip Spradling
answered on Dec 12, 2024

A marriage in one state is given 'full faith and credit' in all other states. The same goes for divorces: a divorce in one state is recognized in all other states.

You need to get divorced in the state in which either you or your husband currently resides: this may be neither...
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2 Answers | Asked in Immigration Law for Nevada on
Q: Came in US illegal, detained CBP and seek asylum as gay men but now in love with a women who is a citizen and marry.

I am from South America and entered the U.S. by crossing the border running and was detained by CBP. I sought asylum under the Biden administration in 2024 and currently have a pending asylum case and a future immigration court date. While in the U.S., I met the love of my life (a women) which I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 11, 2024

So an immigrant who has been inspected to at the border and filed a proper timely asylum claim can marry a US citizen and be sponsored for a marriage base green card case. However, because you have indicated that your ground of Asylum is based upon the fact that you are gay man and your country... View More

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3 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

Jennifer Setters
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answered on Dec 9, 2024

Legal issues surround challenging the legitimacy of your son's adoption particularly in light of allegations of fraud, deception, lack of appropriate notice, and violations of due process rights. To properly negotiate this process, one need speak with a Nevada family law attorney versed in... View More

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3 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

Philip Spradling
Philip Spradling
answered on Dec 8, 2024

Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason... View More

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2 Answers | Asked in Patents (Intellectual Property) for Nevada on
Q: Is there a patent for counter rotating blades blenders

A two bladed blender with blades operating in different directions.

David Aldrich
David Aldrich
answered on Dec 5, 2024

The question is a little too broad to answer. If you are considering pursuing a patent based on this idea, you should avoid disclosing the details of your invention on a public forum like this, as your own public disclosure could end up being prior art that will impede your ability to obtain a... View More

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