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Nevada Questions & Answers
2 Answers | Asked in Divorce, Business Law, Construction Law, Family Law and Real Estate Law for Nevada on
Q: How is income determined in divorce if a spouse doesn't take a paycheck, and how does transferring business assets affect divorce proceedings?

I filed for divorce six weeks ago in Nevada. My husband and I own a construction company in Las Vegas. He doesn’t take a paycheck but spends directly from the business accounts, mixing business and personal expenses. I'm not listed on the business, but I worked there for eight years until... View More

Philip Spradling
Philip Spradling
answered on Nov 7, 2025

The sort of tactics being used by your husband can be countered by a lawyer who is familiar with complex divorces, including the valuation and division of businesses. Here are some questions to ask your attorney.

If the business was created during the marriage, then it belongs equally to...
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2 Answers | Asked in Medical Malpractice, Animal / Dog Law and Personal Injury for Nevada on
Q: Can I sue a doctor for not diagnosing my daughter's ear infection?

I have an autistic daughter, and on 10/15/25, I took her to a doctor's office where she was irritated by a dog present. The doctor examined her and told us nothing was wrong. The following day, on 10/16/25, I took her to the hospital, where she was diagnosed with an ear infection in both ears.... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 27, 2025

While it may or may not be malpractice, it is probably not a viable case.

It may be malpractice if the doctor's failure was due to his or her breaching the standard of care. A wrong diagnosis is not enough to warrant malpractice.

If it was malpractice, the harm caused by the...
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2 Answers | Asked in Family Law and Gov & Administrative Law for Nevada on
Q: How to add a 5-year-old's name to a Nevada birth certificate?

I need advice on obtaining a court order to add my child's name to her Nevada birth certificate. She is almost 5 years old, and her name is currently not on the certificate. There are no existing court orders related to this matter. The birth took place in Nevada, but we're living in... View More

Jennifer Setters
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answered on Oct 28, 2025

To add your 5-year-old’s name to a Nevada birth certificate, you will need to go through a court order name addition or correction process since the child’s name was omitted at birth and there are no existing orders related to parentage or custody.

1. Determine the Correct Type of Court...
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2 Answers | Asked in Probate, Car Accidents, Civil Litigation and Personal Injury for Nevada on
Q: Why settlement funds from son's accident are delayed?

My son passed away, and I'm trying to collect his settlement from a car accident. Although I've provided his will to the lawyer, it's been two months since they received the check, and the funds have not been released to me. The lawyer mentioned they are verifying any past due... View More

Stephen Arnold Black
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answered on Oct 19, 2025

This is a very common situation. The lawyer obtains a settlement and the money is deposited in the lawyer trust account. The lawyer has a legal duty to cover all medical liens that arise from the treatment that your deceased son incurred. In the event that the lawyer does not satisfy the medical... View More

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2 Answers | Asked in Civil Litigation, Family Law, Wrongful Death and Personal Injury for Nevada on
Q: How to find out about a settlement for my child's father after a 2017 wrongful death in Las Vegas?

In 2017, my daughter's father was killed, and I've been informed there was a settlement following a lawsuit against Las Vegas intended for his children. The family has not been cooperative in sharing information about the settlement. How can I determine if my daughter is entitled to part... View More

Jennifer Setters
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answered on Oct 28, 2025

You can take several steps to determine whether your daughter may be entitled to part of a wrongful death settlement and to uncover information about the case.

1. Identify the Original Lawsuit

Since the death occurred in Las Vegas in 2017, the lawsuit was likely filed in a Nevada...
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2 Answers | Asked in Child Custody, Family Law and Appeals / Appellate Law for Nevada on
Q: Seeking advice to enforce court orders for reunification with children, facing non-compliance from therapist and parents in Nevada.

I am involved in a legal case against my parents concerning the guardianship I initially granted them. After the judge ordered my parents not to interfere with the reunification process with my children, and instructed the therapist to start it immediately, neither party is complying with these... View More

Jennifer Setters
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answered on Oct 6, 2025

It sounds like you are in a very difficult position, especially when court-ordered reunification with your children is being delayed by parties who are supposed to be cooperating. When a court order is not being followed—by either a therapist, guardian, or parent—the most important thing is to... View More

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2 Answers | Asked in Trademark, Business Law and Intellectual Property for Nevada on
Q: How to register "Sinnistar" as a trademark for my adult film business?

I have been using the name "Sinnistar" for my adult movie company for over 20 years and have owned the domain sinnistar.com and sold content from it throughout this time. "Sinnistar" is not currently registered as a trademark, but it appears that "Sinistar" is... View More

Randi Lisa Karpinia
Randi Lisa Karpinia
answered on Sep 18, 2025

Trademarks are specific to the goods and services they represent, meaning similar marks can coexist if they operate in different industries (e.g., Delta Airlines and Delta Faucets). While there are numerous "Sinister" trademarks registered, none appear to be in the adult entertainment... View More

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3 Answers | Asked in Family Law and Gov & Administrative Law for Nevada on
Q: Determining original jurisdiction for Foreign Subpoena when using a confidential address program.

I'm part of a confidential address program and have a case in the district where my faux address resides. However, I physically live in a different district. To file a Foreign Subpoena, I need subpoenas from both the original jurisdiction and my filing district. Is the original jurisdiction... View More

Philip Spradling
Philip Spradling
answered on Sep 10, 2025

If the case is in a Nevada court, custody of the child to be subpoenaed is at issue, and the opposing party is the child's custodian, then a subpoena is not the way to go. You need to go to the court and ask for an order that the child appear and testify. Just a subpoena will not work... View More

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2 Answers | Asked in Immigration Law and Employment Law for Nevada on
Q: Is consulting as 1099 contractor allowed under STEM OPT?

I have received a job offer to join a consulting company as a 1099 contractor, where they will embed me in another company. I have already started my STEM OPT and have my EAD. The consulting company is willing to fill out the training plan. Is this arrangement permitted under STEM OPT regulations?

Aparna  Patrie
Aparna Patrie
answered on Sep 10, 2025

Unfortunately no, the STEM OPT regulations (8 C.F.R. § 214.2(f)(10)(ii)(C)) require that there be a bona fide employer–employee relationship.

That means:

- The employer must be able to supervise you,

- Provide formal training and mentoring, and

- Complete and...
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2 Answers | Asked in Domestic Violence, Child Custody and Family Law for Nevada on
Q: Do I need to disclose a dismissed domestic violence arrest to the other parent?

I was recently arrested for domestic violence, but the charges have been dismissed. Our parenting plan requires each party to disclose any domestic violence involving our lives or our child's life within 24 hours, especially involving physical contact or law enforcement. Do I still need to... View More

Philip Spradling
Philip Spradling
answered on Aug 18, 2025

The answer depends upon the exact wording of the parenting plan. If the parenting plan simply says that you must disclose any domestic violence, and there was no domestic violence, then no. Similarly, if the parenting plan requires notice of any domestic violence convictions, then no as you were... View More

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2 Answers | Asked in Divorce, Family Law and Contracts for Nevada on
Q: Can I store divorce assets from a jointly-owned trailer I need to use?

I am going through a divorce but have not signed any papers or communicated with my spouse yet. We jointly own some assets that are on a flatbed trailer, which I also need to use urgently. Since there are no verbal agreements or legal documents regarding these items yet, can I legally remove and... View More

Philip Spradling
Philip Spradling
answered on Aug 18, 2025

If you have an ongoing divorce case, the proper thing to do is try to work out who gets to use these assets with your spouse. If you cannot reach an agreement, you should ask the court for an order allowing you to store or use the assets as appropriate.

Without any court order, there is...
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2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law, Divorce, Criminal Law and Family Law for Nevada on
Q: What can I do about a forged quitclaim and undisclosed divorce issues in NV?

I found out through a friend that a quitclaim deed was forged by my husband to transfer my half of our marital house without my knowledge or consent. The document claims I signed over my share in 2014 or 2015 while we were still married. I never signed any documents nor discussed any transfers, as... View More

Philip Spradling
Philip Spradling
answered on Aug 18, 2025

Usually quitclaim deeds are notarized. I would find the notary, and check the notary's signature book. A notary's signature book is supposed to be open for public inspection.

You could also hire a handwriting expert to look at the signature on the quitclaim deed and testify...
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1 Answer | Asked in Criminal Law for Nevada on
Q: Am I being investigated without contact with law enforcement?

I would like to know if I am being investigated, as I feel that I am being followed. I have not had any contact with law enforcement, and to my knowledge, I have not had any legal issues or disputes.

Michael J. McConnell
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answered on Aug 13, 2025

It can often be very difficult to tell if you're being investigated by law enforcement as they are typically under no obligation to tell you unless or until they decide to make an arrest and bring criminal charges. Sometimes they will contact you at some point during the investigation, at... View More

2 Answers | Asked in Child Custody and Family Law for Nevada on
Q: Can I withdraw my custody application before serving the summons?

I filed for both legal and physical custody for the first time, but I have not served the summons to the defendant yet. I want to wait until after our daughter's birthday and to get a lawyer beforehand. Can I withdraw my application?

Philip Spradling
Philip Spradling
answered on Aug 13, 2025

Effectively yes, you can file a "Notice of Dismissal of Complaint" which effectively withdraws your complaint for custody. (Nevada Rules of Civil Procedure 4(e)(2).)

In Nevada, you have 120 days to serve a complaint. That means you might be able to wait to serve until the time...
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2 Answers | Asked in Probate, Car Accidents and Personal Injury for Nevada on
Q: How to become executor of deceased son's estate in Nevada to recover settlement?

I am trying to recover a $9,700 auto accident settlement for my deceased son. He didn't have a will, and I was the power of attorney before he died. There is no probate, and no other heirs, such as children or a wife. My son's auto accident lawyer advised that I need to become the... View More

Stephen Arnold Black
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answered on Jul 27, 2025

In Nevada, if your son had less than $25,000 in total assets, excluding automobiles, and there is no active probate, you can use a Small Estate Affidavit to transfer those assets.

Once 40 days have passed since your son’s passing, you may complete the affidavit, have it notarized, and...
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3 Answers | Asked in Probate and Civil Litigation for Nevada on
Q: Can I challenge a will allegedly signed under coercion in Nevada?

My mother passed away in Nevada and designated me as the executor in her living will. After her passing, her husband presented a different will that excludes her children and grandchildren, which contradicts her expressed intentions. This will was signed a year after the living will while she was... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 25, 2025

Your questions has 2 parts:

The first is can you re-open probate? If the Court accepted the later Will and you were given notice of the initial hearing to accept that will, I am not confident that you can re-open probate. I won't say it is impossible, but it will be a problem....
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3 Answers | Asked in Immigration Law and Family Law for Nevada on
Q: How can I apply for US permanent residency without being sent back to Mexico, considering my expired DACA status?

I was brought to the US by my family when I was 1 year old and I'm now 27. My DACA was issued in 2012 and expired in 2021. I'm engaged and getting married in Nevada in a couple of weeks. I want to apply for permanent residency without risking being sent back to Mexico, where I... View More

Brenda L Seal
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answered on Jul 24, 2025

Congratulations on your engagement!

To determine whether you can apply for a green card from within the United States, we need to consider several key factors. These include your fiancé(e)’s immigration status (U.S. citizen or lawful permanent resident), how you entered the country, any...
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3 Answers | Asked in Probate, Car Accidents and Personal Injury for Nevada on
Q: How to become executor of deceased son's estate in Nevada to claim accident settlement?

I live in Nevada and am trying to claim a past auto accident settlement check for my deceased son. The settlement was finalized before his passing, and I was his power of attorney since he was incarcerated at the time. Now, I need to be appointed the executor of his estate but am unsure which forms... View More

Dara Joy Goldsmith
Dara Joy Goldsmith
answered on Jul 23, 2025

I am sorry for your loss. As I am sure you have learned your power of attorney is no longer effective. If you are named in your son’s Last Will and Testament as the person named to be his Executrix, you may petition the probate court to be so appointed if there is no Will you would be... View More

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2 Answers | Asked in Estate Planning, Probate and Civil Litigation for Nevada on
Q: Can I contest a will written during dementia if probate was reopened?

I had a power of attorney and a living will for my mother, but after her death, her husband’s attorney claimed they were no longer valid. Initially, I was informed that her estate would be divided between her husband and her children due to the absence of a will. However, a last-minute will... View More

Dara Joy Goldsmith
Dara Joy Goldsmith
answered on Jul 23, 2025

I am sorry for your loss. During your mother’s lifetime if she had testamentary capacity she had the ability to update or execute a Will. There is no requirement that you be notified. I urge you to speak with an attorney about your specific facts. Just being diagnosed with dementia in and of... View More

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2 Answers | Asked in Divorce, Contracts and Family Law for Nevada on
Q: Can TCJA be retroactively applied to spousal support arrears in Nevada?

I originally received a spousal support order for $900 per month for 21 years, starting in 2001. In 2011, a judgment for arrearages increased the payment to $1,400 per month. Payments stopped in 2019, leading to another judgment in 2025 for arrearages, interest, and attorney fees, when the spousal... View More

Philip Spradling
Philip Spradling
answered on Jul 23, 2025

I am not sure if I understand your question. If you are referring to the fact that under the Tax Cut and Jobs Act the deduction for spousal support and alimony was eliminated, then there is no language that can be added to make it deductible again. Judgments for alimony and spousal support after... View More

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