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Nevada Questions & Answers
1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Mergers & Acquisitions for Nevada on
Q: Does the attorney general have to provide special council when it is evident that no attorney will represent a plaintiff

I want to sue the state of Nevada does the Attorney General have to help me represent me if I can't find an attorney that will does she have to appoint special counsel

Tim Akpinar
Tim Akpinar answered on Jun 19, 2020

A Nevada attorney could best advise here, but your post remains open for two weeks. As a general matter across the nation, the state attorneys general do represent citizens. But that role is something more in the form of advising lawmakers or enforcing laws. The office isn't thought of as an... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Nevada on
Q: My father is ill and may not live very long.

He is not lucid. Is there a way for my mother (they are married) to get durable power of attorney over him or is there another option? She is looking to refinance her home at a lower interest rate so that she can afford to stay there after he passes.

Delwyn E. Webber
Delwyn E. Webber answered on Jun 12, 2020

Unfortunately as your father is not lucid, he cannot sign a Power of Attorney. Your mom would have to get a guardianship over him through the Court. This all takes time and expense and the Court would have to consent to refinancing the house.

After your dad passes your mom should be able...
Read more »

2 Answers | Asked in Immigration Law and Constitutional Law for Nevada on
Q: How do you define a Natural Born Citizen?

Based on Article II , Section I, Paragraph 5

"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President..."

If a Natural born citizen is defined as a child... Read more »

Mario Musil
Mario Musil answered on Jun 10, 2020

This question leaves much to interpretation. However, it is my belief that one born outside the USA, born to US Citizens, is eligible to become a US President.

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1 Answer | Asked in Criminal Law and DUI / DWI for Nevada on
Q: The statutes say you can only file a plea to withdraw if you haven't been sentenced yet except if it's basically unjust.

I have the plea ready but I didnt include anything about that but in its self its unjust.I really need for my plea to be granted.I need help.

Malcolm P. LaVergne
Malcolm P. LaVergne answered on May 31, 2020

Feel free to contact me at 702.448.7981. Plea agreements can be difficult to withdraw, but not impossible. There are multiple reasons for it to be set aside, even after a judgment is entered in some cases. Malcolm.

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: What is the difference between being an interested person in a trust and a non interested person.
Tiffany Ballenger Floyd
Tiffany Ballenger Floyd answered on May 30, 2020

Interested "person" may be the grantor (creator) of the trust, a trustee and/or a beneficiary. Interested "trustee"- The term Interested Trustee means a Trustee who:

is a transferor or beneficiary;

is related or subordinate to a transferor or beneficiary;...
Read more »

2 Answers | Asked in Immigration Law for Nevada on
Q: My case was sent to the department of state for visa processing. What does this mean and what should I do next?

I am the petitioner for my wife

Stephen Arnold Black
Stephen Arnold Black answered on May 30, 2020

More facts are needed. Is your wife overseas applying for a spousal visa at the foreign consulate ? If so then your processing is going through the normal channels.

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Who owns the intellectual property (photo), if a friend used my cell phone to take the photo of my property?

My friend used my cell phone to take a picture of my sound bowl and it came out beautiful. She he says the picture is his intellectual property. Although the cellphone used to take the picture and the sound bowl is mine. Who owns the photo?

Kevin E. Flynn
Kevin E. Flynn answered on May 27, 2020

This is not a patent question so I will defer to an attorney in your state to give you a formal answer.

To get some background on copyright from a reliable source. Here is a link to the Frequently Asked Questions Page by the US Copyright Office....
Read more »

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2 Answers | Asked in Estate Planning for Nevada on
Q: In Nevada are Will's nullified after marriage? My father is getting married again.
Nina Whitehurst
Nina Whitehurst answered on May 13, 2020

No the will is not nullified but the surviving spouse might be able to elect to take a share of the estate against the terms of the will. How much depends on many other factors such as how much of the state was separate property and how much was community property, how many children the decedent... Read more »

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1 Answer | Asked in Employment Law for Nevada on
Q: Can a box store threaten to fire employees over social media posts that a fellow employee tested positive for covid 19?

A friend of mine informed me that their wife's employer threatened to fire their employees if they posted on social media that there was a positive covid-19 case at their store. Some of the employees are worried about sharing this information because they feel the public has a right to know... Read more »

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 11, 2020

Bastards.

Twitter might be a good medium for that. If the post were to a public health agency, the employer would be violating Section 1102.5 of the California Labor Code which prohibits terminations for complaints to government agencies.

Section 96(k) of the Labor Code also...
Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: How can I compel a co-owner to sell jointly owned property? I inherited it in 2016, and is 50% in my trust.

Brother (co-owner) has lived there 7 years rent free, with no desire to sell. what are my options?

Vincent Gallo
Vincent Gallo answered on May 10, 2020

Responding from New York perspective, you would bring what is referred to as in action in partition. This would force the sale if you and The co-owner cannot come to terms.

2 Answers | Asked in Employment Law and Tax Law for Nevada on
Q: Can an employer make a paycheck payable to a w-2 employee’s family member instead of the employee?

Employee does not want to endorse back of check to have family member deposit/cash for them. They want their paycheck made payable directly to their relative who does not work for the company. Employee is not an independent contractor.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 9, 2020

No. Unless the family member is the employee the employer cannot violate federal and state law.

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1 Answer | Asked in Contracts, Products Liability and Construction Law for Nevada on
Q: Discv'd 2 scratches in veh after hiring a landscaping bus. area of work was next to veh. withhold payment? what to do?

The landscaping company was hired to install irrigation lines and set pavers in the front yard. The crew was congregated next to our brand new 2020 4Runner with digging equipment. Discovered two scratches in the passenger side door this morning on our way to work. I want to support our local... Read more »

Tim Akpinar
Tim Akpinar answered on May 9, 2020

A Nevada attorney could advise best, but your post remains open for two weeks. Until you are able to arrange a meaningful consult with a local attorney, some things to keep in mind is that jurors could ask for proof that the business caused the scratches claimed, and whether it could be possible... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: Hi, when opening probate and signing POA over to probate attorney in Nevada do I need to revoke it?

I have an order to set aside estate without administration $100,000 and I never put the property in my name or bank account. Do I need to cancel the Power of Attorney? Then send Demand letter to bank? Or to probate lawyer after I revoke?

Also, There was deed assignment to Us Bank as Trustee... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on May 8, 2020

I assume you signed a 'limited' power of attorney to enable the attorney to file the Set Aside. A Certified Court Order will allow you to transfer the bank accounts etc into your name so you should provide that to the Bank. If by 'property' you mean real estate, that you will... Read more »

2 Answers | Asked in Immigration Law for Nevada on
Q: Can a person who is undocumented apply for advance parole if they have no lawful status?

These are people that don’t have DACA or I 485 pending

Robert Roy Klein
Robert Roy Klein answered on May 4, 2020

No, if the person does not have status or authorization to stay in the US, the person can't ask for permission to re-enter the US to remain without status. They're already breaking the law by being in the US without status. Filing a 131 will only alert the government of the person's presence.

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1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Identity Theft for Nevada on
Q: Can I still take legal action from my previous apartment Complex for breach of contract if accrued in 2015?

In 2015 The last day to pay rent to the apartments before eviction process would have tooken place, on the way to the office i got into a accident inside of the parking structure, i went back home dazed and when I came to , i had missed calls & voice mails from not only the apartment manager... Read more »

Joseph R Maridon Jr
Joseph R Maridon Jr answered on May 4, 2020

The answer to your question can be found in NRS 11.190. To sue for breach of a written contract, you generally have 6 years. It appears, however, that you are complaining about much more than breach of contract. Any damage that you suffered as a result of any wrongful act or negligence on the... Read more »

1 Answer | Asked in Landlord - Tenant for Nevada on
Q: Can a landlord increase rent after you sign a new lease agreement but before your original one expires?
Joseph R Maridon Jr
Joseph R Maridon Jr answered on May 4, 2020

You rent amount will be stated in the lease, along with the date that it become effective. New leases generally start at the expiration of the old lease, but the parties are generally free to negotiate for any date they want.

1 Answer | Asked in Employment Law for Nevada on
Q: If I was fired for calling into work and my boss said I was supposed Be in at 6 but got there at 7 I’m being den unem.

Is it worth trying to appeal it for unemployment?

Joseph R Maridon Jr
Joseph R Maridon Jr answered on May 4, 2020

You should file for unemployment. It may take a while to receive benefits, but in Nevada, it is almost unheard of anymore to be denied benefits unless you are convicted of a crime.

1 Answer | Asked in Real Estate Law for Nevada on
Q: Do I need to use a lawyer to change our deed from Tenants in Common to Joint tenants? I like in Clark cty NV
Vincent Gallo
Vincent Gallo answered on Apr 27, 2020

Not if you know how to properly do it yourself.

1 Answer | Asked in Estate Planning for Nevada on
Q: What I’m asking is there a form or can we write this out ourselves stating that I her boyfriend

Is there a form I can fill out stating that she grants me 25% of estate including insurance (life)

Delwyn E. Webber
Delwyn E. Webber answered on Apr 27, 2020

Your girlfriend will have to prepare/sign a Last Will and Testament naming her you as to 25% if she desires to leave you a certain percentage of assets from her estate. She would also name the other beneficiaries and their percentages.

She should also name you as a 25% beneficiary of her...
Read more »

1 Answer | Asked in Car Accidents for Nevada on
Q: 20 years ago I borrowed a friends car rear ended another car.

I was searching for liens against me on the Courts record and State Farm had a lien placed on me 20 years ago. Does this drop off after a certain period of time?. I’ve never been taken to court on it and it doesn’t show on my credit reports

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

Generally, in most states a judgment needs to be renewed every 6 years or so. First, you need to look at the law for that state. Then you can either ignore the lien, or file a case to have the lien "extinguished." I'd start by talking to the administrator of wherever the lien was... Read more »

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