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Nevada Questions & Answers
1 Answer | Asked in Divorce for Nevada on
Q: Hi. I have been married for 25 years and i would like a divorce. What happens financially in Nevada?

We live in Las Vegas and were married here. Thank you.

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 3, 2021

Nevada is a community property state, therefore all property, bank accounts, and other assets, as well as debts, acquired during the marriage are considered part of the marital estate. Both parties are automatically entitled to an equal share of the marital estate. Nevada family law courts do not... Read more »

1 Answer | Asked in Civil Litigation for Nevada on
Q: My car was towed for not having current registration on 2/19/2021 from a condo unit of which I am a resident.

I have an appt with the DMV on 4/27/2021. The tow yard will not release the vehicle without a moving permit. The DMV will not issue a temp moving permit without insurance, smog cert...etc. I can’t get a smog without the vehicle, can’t get the vehicle without a moving permit and can’t get a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

see if you can get an earlier DMV appointment--if you can't call your state rep and state senator immediately. Do you have insurance? that's a start. If not, get it. Who had the tow truck tow it? The tow company is responsible--file a complaint with whoever licenses them. Towing is... Read more »

1 Answer | Asked in Car Accidents for Nevada on
Q: As a victim of an accident is one entitled to "be made whole" by the insurance company of the defendant?

The defendant's insurance company has agreed to repair my vehicle, however, are not willing to provide a free rental vehicle equivalent to that being repaired.

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

The law in most states only requires that they give you A rental vehicle. You lost a Lamorghini--they can get you a toyota corolla. The only time I've gotten exceptions are where the vehicle was particular to that person's business or health-- a vehicle that could accomodate a wheelchair,... Read more »

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: My ex just got an ex party order granted to extend the time to file her reply and counter motion. Can I appeal this?

On January 16 I brought to her attention that she was breaking the Stipulation and Order filed with the court. At this time she directed me to only contact her attorney which I did. I filed the motion to reconsider and a motion to show cause of contempt of court for many reasons. These documents... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Feb 22, 2021

In my experience, this extension is very commonly offered as a courtesy by either opposing attorneys or by the court. You do have the option to object, however, in my opinion it may not serve you well in the long run if you do return to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: I am trying to find out if I am entitled to modify child support in my current situation

I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Feb 22, 2021

I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: I have Covid court Oder say I have to send kids back to other parent will I get in trouble if I don’t ?
Bonnie M Lonardo
Bonnie M Lonardo answered on Feb 15, 2021

I always advise my clients to adhere to the court order as closely as possible to avoid punishment due to court order violations. Additionally, I always encourage my clients to communicate openly with the other party and to discuss matters such as these amicably, before resorting to court... Read more »

2 Answers | Asked in Real Estate Law and Probate for Nevada on
Q: My husbands father passed here in Nevada. Will states 50/50 between he and his sister. She refuses to uphold the will.

His assets are a house worth near $300,000 and a car that are solely in his name. However, his sister is in possession of and claims he bought for her. Is my husband entitled to half of these assets? Will this have to be settled in probate court? Is there any instance she would be awarded... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 14, 2021

You need to hire a Nevada probate attorney to help you probate your father’s estate according to his will. It sounds like that process hasn’t even begun. If it has begun, then you need to hire a probate attorney to protect your rights.

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1 Answer | Asked in Traffic Tickets for Nevada on
Q: Can my wife drive her vehicle for a few days after an attempted break-in and the side view mirror was broken off during?
Brian Foley
Brian Foley answered on Feb 12, 2021

Typically a vehicle has to have at least one working mirror under the Transportation code.

Sec. 547.602. MIRRORS REQUIRED. A motor vehicle, including a motor vehicle used to tow another vehicle, shall be equipped with a mirror located to reflect to the operator a view of the highway for...
Read more »

2 Answers | Asked in Business Formation and Business Law for Nevada on
Q: Hello - I'm trying to find a document that states I have a DBA in Clark County - State of Nevada. Where should I look?

I've been using the name since I'm guessing 2013 or 2014.

Tiffany Ballenger Floyd
Tiffany Ballenger Floyd answered on Feb 3, 2021

Hi There,

Here's a link to search for your DBA (aka FFN, Fictitious Firm Name), in Clark County, NV:

https://clerk.clarkcountynv.gov/AcclaimWeb/Fbn/SearchTypeFbnByName

Link to statutes:

https://www.leg.state.nv.us/nrs/NRS-602.html

Hope this helps point...
Read more »

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1 Answer | Asked in Estate Planning for Nevada on
Q: Can I write my own will in Nv ? I have beneficiaries on financial accounts bought townhouse 3 yrs ago and have car paid

Also need to include household items. Leaving to 2 siblings but I have 5 and mom is still alive thank you

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 28, 2021

You would benefit from speaking with an attorney about Will substitutes that avoid probate. There are a few options you may want to consider. Also if you decide a Will is right for you, there are a number of benefits of having an attorney prepare it, including have powers of attorney and a living... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: Are parents allowed to do this?

Hello, my dad has withheld all food other than peanut butter and oatmeal for over 2 weeks now. He also previously took off the shower knobs and turned off the water. Today he came into my room while I was at work and took over $3,000 worth of my belongings. Is he allowed to do all of these things... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2021

It would depend if the child is a minor, or if they are of legal age and therefore no longer the father’s responsibility, legally speaking. If the child is a minor, then the father is legally responsible for creating a safe environment for his children, this includes providing basic essentials... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: If I have my deceased sisters kids, because the father left them, how can I file he abandoned them?

He has been gone for 7 months without contact or providing support. I have them, want to keep them. But what route do I go in order to do so? Can I file for guardianship while they're in my home? Or do I need to call cps and have them go into the system first in order for it to be on Record... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2021

You may petition the court for guardianship, however you will have the burden of proving that being the guardian for the children, over their biological father, is in the children’s best interest. In doing so, it would serve your case to include evidence of his abandonment.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: mother died am I guardian?

The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2021

If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: I have a check that says "pay to the order of (my father, deceased, c/o (sister)". I am the executor of his will.

My bank wont set up a trust account. The check is about $8000. And my dad owes taxes of at least $9000. How should i procede?

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 20, 2021

Do you have a court order appointing you executor and Letters testamentary? If so, present those two court filed pleadings and the bank should allow you to open the estate account, not trust. If not, you may need to open a probate estate through the courts. I encourage you to speak with a Nevada... Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: Question about a request to relocate for a father with primary custody.

I have a question about gaining permission to relocate. I’m a single father with primary custody, married almost 10 years, divorced in June 2019, Divorced with 50/50 physical and legal custody of D7 and S10, July 2019 had to file an emergency motion to take primary custody of the children... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 18, 2021

Moving out of state without the other parent’s permission can be difficult, but it is not impossible. You will need to petition the court to have the judge decide whether moving the children away from their mother to be closer to your family is in the children’s best interest. You will need to... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Long story short,4 yrs ago, my ex-husband adopted our 2 youngest grandsons, our daughter is mentally unstable. I have

The boys, with few exceptions, every weekend, holiday's and vacations. My question is what needs to be done so I can get custody of them should or when my ex can't? Do I have grandparent rights ?

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 18, 2021

If you have had a long standing visitation arrangement as well as a positive relationship with your grandchildren, and have evidence that it is in the child’s best interest that they remain in your care, then you may have a case to motion for joint custody. The right to child custody is only... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Q: What are the rights of a heir(s) in a probate legal matter? Aunt has been trying to get us to waive our rights why?

My mother passed away in 2007. My grandfather recently passed away and my brother and I were told by our aunt and uncle that we were removed from his will because our mother died however his home went into probate. She has been trying so hard to get my brother and I to sign waivers and we are not... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2021

This question cannot be answered without more information. Do yourself a huge favor and schedule a consultation with a probate attorney in the vicinity of where the probate is taking place. Do not delay. There are important deadlines that you do not want to miss.

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1 Answer | Asked in Employment Law for Nevada on
Q: I work for amazon i started as a fulltime white badge and got converted to blue badge they changed my hire date

I started 11/2019 and got converted 06/2020 i was always a full time employee with no breaks. They changed my hire date to the day i was converted and will not change it back to the actual day i was hired. This has affected many things looking at a new apartment after my divorce when they asked for... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 13, 2021

Were you employed with a staffing agency and placed at Amazon prior to June 2020? If so, then you were likely not an employee of Amazon until June 2020. The date you became an employee of Amazon (not the date you were placed to work in Amazon's facility) would be the relevant date for... Read more »

2 Answers | Asked in Probate for Nevada on
Q: In the state of Nevada is it illegal to rent out a house while it's in probate
Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 9, 2021

No, it is not illegal, but it may not be a good idea. There a lot of issues to consider: insurance, damage, possible eviction of tenant; probate completing before the end of the lease, difficult to sell if necessary, possibly needing court approval to allow a tenant; objection by beneficiaries,... Read more »

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1 Answer | Asked in Probate for Nevada on
Q: What can I do if my Dad's newest wife from year 2016, contests my Dad's holographic will made in year 2014 in Nevada?
Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jan 8, 2021

Pursuant to Nevada law, since the Will predates the marriage, she is entitled to receive all community property AND 1/2 or or 1/3 of the separate property, depending upon how many children he has. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be... Read more »

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