Nevada Questions & Answers by Practice Area


Nevada Questions & Answers

Q: Does a holographic will dated 2017 supersede a trust dated 2011?

2 Answers | Asked in Real Estate Law and Probate for Nevada on
Answered on Jan 18, 2018

Ahhh the REAL reason people should not do DIY estate plans. ASSUMING Nevada recognizes holographic wills (Talk to a local attorney about that one) and FURTHER assuming this meets the requirements of such under Nevada law (again, consult a local attorney) the language is as you note a bit ambiguous. NORMALLY 'belongings' refers to TANGIBLE personal property, not real estate of intangibles. But that isn't real clear. What was the testator's intent? Good question, and eventually a Court will have...
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Q: Dad's assets are cash and in a family trust. Can the trust be distributed upon death?

1 Answer | Asked in Probate for Nevada on
Answered on Jan 10, 2018

That is two different questions. 1) without seeing the trust paperwork on what is to be done at death with the assets in the trust, it is impossible to know what distributions will be allowed.

2) What 'additional' paperwork is Scott Trade looking for? Are they objection to transfer into trust, or are they uncertain about your sister's authority to deal with the issues? Perhaps they need a certificate of trust existence and authority? That would be needed. Seek local legal help to get...
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Q: My husband passed away our home was in his name only. Nevada Probate Court set it aside for me.

1 Answer | Asked in Probate for Nevada on
Answered on Jan 10, 2018

Yes, you take the property subject to all liens and mortgages.
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Q: 7 year boyfriend died -I was forced to leave by daughter without belongings purchased in relationship. What do I do?

1 Answer | Asked in Probate for Nevada on
Answered on Jan 9, 2018

The only easy step you can take is to get a copies of his death certificate and with those contact any financial institution where you believe you might be the beneficiary. Say that you understand that you are a payable on death beneficiary on the account. If you are, the institution should give you the money. If you aren't, the institution will give you some evasive answer such as they can't discuss anything with you unless you have court papers showing that you are the personal...
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Q: Does the landlord have legal right to request an apartment back without a valid reason? (IE: didn't violate lease)

1 Answer | Asked in Landlord - Tenant for Nevada on
Answered on Jan 7, 2018

First of all you have no immediate threat of eviction without any cause/clause violation on your part. As matter is now pending with court let them take action on eviction or no eviction with damages and cost of suit.

Secondly, did you raise your claim formally with Loma Visa for the loss/damage of your households; payments of damages or replacement of appliances. If not, you still have time to raise it with full details and seek full damages of your appliances as well as your...
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Q: If I’m the sole heir and my dad has a house under his name alone, is there a need for probate?

1 Answer | Asked in Probate for Nevada on
Answered on Jan 5, 2018

Because the house was in his sole name the Will giving it to you can only be given effect through the probate process. (This assumes he was unmarried when he died, because if he was married, the wife might have rights to the house depending on the total fact situation.)

The house will have to be probated using the cheaper, easier, Set-Aside procedure if the value of the house minus mortgage owed combined with other probate assets is no more than $100,000.

If the equity in the...
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Q: How do I finalize my deceased husband's estate. All creditors have been notified, accounts, real estates, irs

1 Answer | Asked in Probate for Nevada on
Answered on Jan 5, 2018

This is a hard Q to answer because I don't know the facts. For example, were there any assets of your husband solely in his name. That would require a probate. On the other hand if all assets were jointly owned, no probate would be required.
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Q: Haven't efest slim K2 charger caught on fire do I have any legal Stand

1 Answer | Asked in Personal Injury for Nevada on
Answered on Dec 19, 2017

small one for small claims.unless burn sever. Why not speak with a member of the Nv Assnfor Justice--they give free consults.
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Q: I need to find a lawyer that will take commission and sue Wyndham for fraudulent sales practices against seniors.

1 Answer | Asked in Real Estate Law for Nevada on
Answered on Dec 13, 2017

I'm sorry to hear about your experience as it correlates with stories I've heard frequently since starting legal work in Florida. I recently wrote an article for the local state bar about this very issue. You can access it at https://www.targheelaw.com/article

I hope that helps you as you look for a solution. If you have additional questions, feel free to reach out.
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Q: I got hit by a car with what seems minimal injuries. What is the lowest compensation I can get.

1 Answer | Asked in Personal Injury for Nevada on
Answered on Dec 12, 2017

Depends on your injuries and what the records say. However pedestrian run down cases can have severe consequences over time and you really should consult a member of the Nv. Trial Lawyers Assn--they give free consults.
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Q: My wife self deported and is barred from reentering the USA. What are our legal course of action?

1 Answer | Asked in Immigration Law for Nevada on
Answered on Dec 11, 2017

More information is needed to know whether your wife can return to the USA. She may be eligible for a fraud waiver.
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Q: if a person dies intestate how does the State of Nevada commence probate proceedings? what happens to the property?

1 Answer | Asked in Probate for Nevada on
Answered on Dec 7, 2017

In most cases when a Nevada resident dies, with or without a Will, there is no state action taken until and unless someone file a probate action in the District Court. In a minority of cases when a person dies, the county coroner may search the person's residence and take for safe-keeping guns, money and other valuables. In some of these case where the coroner is involved, if the coroner is unsuccessful in contacting a family member, the public administrator may start a probate proceeding....
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Q: Can I break my lease and get my deposit back if I got injured due to failure to repair ? Or do I have to sue management

1 Answer | Asked in Landlord - Tenant for Nevada on
Answered on Dec 5, 2017

Before you decide to leave or break lease, you must consult Attorney of your local jurisdiction for : (i) personal injuries and suit for damages; (ii) moving out of lease/appt. due to non-attendance of complaints that physically hurt you.
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Q: Can I contest a will that been in probate since March.

1 Answer | Asked in Probate for Nevada on
Answered on Dec 3, 2017

Based solely on the facts you have presented, I don't think you have a claim. It is a person's right when writing a Will to give the belongs and wealth to anyone they want. Parents have no obligation to leave any of their children anything. I do not believe that there is any presumption that an unadopted stepchild who is left out of the Will was left out unintentionally.
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Q: Is it true that failing to pay down payment on a timeshare loan will kill the contract?

1 Answer | Asked in Real Estate Law for Nevada on
Answered on Dec 1, 2017

This may be a moot point given the time that has passed since you asked this question, but I've seen it both ways. Resorts are increasingly reporting delinquencies to the credit bureaus. Was this your case? I'm interested in knowing.

Q: My timeshare was purchased on lies they told us to put can i cancel based on that alone

1 Answer | Asked in Real Estate Law for Nevada on
Answered on Nov 29, 2017

I'm sorry this happened to you. I wrote an article with the Idaho Bar that that you can access here: https://www.targheelaw.com/article

It should give you information that you and your attorney need to move forward.
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Q: Husband & I Just got married. I am currently on DACA and plan to apply for residency. What's the process?

2 Answers | Asked in Immigration Law for Nevada on
Answered on Nov 21, 2017

Assuming your husband is a US citizen, I-130, I-601A waiver, consular processing. That is the process. contact attorney to see if you are a good candidate.
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Q: Is that possible to an ilegal alien to get a car dealership license or not?

1 Answer | Asked in Business Formation, Business Law, Criminal Law and Immigration Law for Nevada on
Answered on Nov 20, 2017

It is hard to say, since that’s more of a state level issue. Assume that it is unlikely, however.
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Q: Mom died, no husband, 1 adult child. Home mortgage is only asset. What legal paperwork is required?

1 Answer | Asked in Estate Planning for Nevada on
Answered on Nov 20, 2017

Firstly, sorry for your loss.

If there is equity in the home, a Probate will need to be opened to transfer the residence to the sole heir, or to allow the sole heir to sell the residence, unless Mom filed a Deed Upon death prior to her passing.

I hope this helps.
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Q: Do personal items in a house (clothing, jewelry, etc) go through probate in Nevada? If so, any way to avoid that?

1 Answer | Asked in Estate Planning for Nevada on
Answered on Nov 20, 2017

Typically personal property doesn't go through probate unless it is 'valuable', or if there is a contest. Oftentimes clients leave a "memorandum" which sets forth which child gets certain pieces of personal property. You don't say whether you have a revocable living trust. If you do, you should have signed an 'Assignment', which assigns all personal property in to your Trust, however the memorandum is still a good idea to insure specific items go to specific children. If you have Wills, and...
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