Nevada Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Other
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- White Collar Crime
- Wrongful Death
Nevada Questions & Answers
Q: My father died in with a trust in place. I found a $10,000 savings account not in the trust and no beneficiary
Jonathan Craig Reed's answer
If $10,000 is the only amount that is outside the trust, Google Probate Court, Clark County Nevada, and you will find a page with forms including an Affidavit of Entitlement (that should be good in any Nevada County) which you can use.
If $10,000 is the only amount that is outside the trust, Google Probate Court, Clark County Nevada, and you will find a page with forms including an Affidavit of Entitlement (that should be good in any Nevada County) which you can use.
Q: Where will should be probated?
Jonathan Craig Reed's answer
I don't know all the facts but this may be helpful. Real estate must always be probated in the state where it exists. Other property must be probated in the state where the Decedent was a resident when he died. This means that sometimes there has to be a probate in more than one state. If a will was filed in a different state than the state where a probate needs to take place, then you order a certified copy of the will from the state court where it was filed and the state where the next...
I don't know all the facts but this may be helpful. Real estate must always be probated in the state where it exists. Other property must be probated in the state where the Decedent was a resident when he died. This means that sometimes there has to be a probate in more than one state. If a will was filed in a different state than the state where a probate needs to take place, then you order a certified copy of the will from the state court where it was filed and the state where the next...
Q: Hello, I'm in Reno Nevada
Jonathan Craig Reed's answer
Courts generally are not interested in what wishes a person expressed. However if your mother died unmarried under the laws of intestate succession her property including her home would go to her children in a probate proceeding. If you wish to start a probate proceeding and your step father won't vacate the property you will want to hire local Reno counsel who can do both probate for you and get a court order to evict your step-father. Of course, you may be able to work out something with your...
Courts generally are not interested in what wishes a person expressed. However if your mother died unmarried under the laws of intestate succession her property including her home would go to her children in a probate proceeding. If you wish to start a probate proceeding and your step father won't vacate the property you will want to hire local Reno counsel who can do both probate for you and get a court order to evict your step-father. Of course, you may be able to work out something with your...
Q: I live in Az and after probate I have two real properties to put in my name. What does this entail and what is the cost?
Jonathan Craig Reed's answer
I don't know what you mean by "after probate." If you mean what will it cost to probate two real properties in Nevada the answer is that the cost and complexity of the probate depends on the value of the properties and if it is uncontested or contested. It is really impossible to say what it will cost to do a probate that is contested. For uncontested probates I publish my discount fee schedule on my website www.probatenevada.net. But you would have to call me to discuss the facts of your case...
I don't know what you mean by "after probate." If you mean what will it cost to probate two real properties in Nevada the answer is that the cost and complexity of the probate depends on the value of the properties and if it is uncontested or contested. It is really impossible to say what it will cost to do a probate that is contested. For uncontested probates I publish my discount fee schedule on my website www.probatenevada.net. But you would have to call me to discuss the facts of your case...
Q: I recently signed a work contract with a company, but I wish to leave. I am a 1099 worker, can they sue me?
Mr. Michael O. Stevens' answer
Non-compete clauses are common in independent contractor agreements. Otherwise you could work for them and take their client list and then go out on your own. So, there is a high probability it would be enforceable, at least in part. Most states though will limit them to reasonable restrictions, and it does not sound like there is a geographic limit to the contract.
Also, if you move to California, non-compete agreements are basically void on public policy grounds, so you may be able to...
Non-compete clauses are common in independent contractor agreements. Otherwise you could work for them and take their client list and then go out on your own. So, there is a high probability it would be enforceable, at least in part. Most states though will limit them to reasonable restrictions, and it does not sound like there is a geographic limit to the contract.
Also, if you move to California, non-compete agreements are basically void on public policy grounds, so you may be able to...
Q: Should a Supervisor be the only person to get terminated for "supposedly" changing an employee's timecard for favors?
Mr. Michael O. Stevens' answer
As a general proposition an employer could fire one person and not fire the other for the same offense. That said, it appears you may have more going on, in which the firing could be related to retaliation and/or be related to race. As such, find a local employment law attorney who offers free consultations to discuss the matter in private.
As a general proposition an employer could fire one person and not fire the other for the same offense. That said, it appears you may have more going on, in which the firing could be related to retaliation and/or be related to race. As such, find a local employment law attorney who offers free consultations to discuss the matter in private.
Q: If a Supervisor is fired for fixing an employee's time in "exchange for favors", shouldn't that employee fired as well?
Marshall Jason Ray's answer
You should consult with a local attorney. Different treatment among employees who commit the same or similar infractions can suggest that there is an illegitimate basis for the more harsh treatment one is receiving compared to the other. Sometimes, however, there are legitimate business reasons for the different treatment. Furthermore, it is illegal for an employer to take adverse action against you on account of your race or in retaliation for a complaint regarding racial discrimination....
You should consult with a local attorney. Different treatment among employees who commit the same or similar infractions can suggest that there is an illegitimate basis for the more harsh treatment one is receiving compared to the other. Sometimes, however, there are legitimate business reasons for the different treatment. Furthermore, it is illegal for an employer to take adverse action against you on account of your race or in retaliation for a complaint regarding racial discrimination....
Q: visit during process after application of I-129
Shan Dimitris Potts' answer
An I-129 application is employment visa application, you do not need submit the affidavit of support for this application unless you are the employer and your boyfriend is one of your employees. You need to consult with an immigration attorney to find out what is the appropriate petition in this situation. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular...
An I-129 application is employment visa application, you do not need submit the affidavit of support for this application unless you are the employer and your boyfriend is one of your employees. You need to consult with an immigration attorney to find out what is the appropriate petition in this situation. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular...
Q: Does being pregnant effect medical part of immigration appointment?
Camlinh Nguyen Rogers' answer
The pregnancy alone does not affect the good health requirement for an immigration visa, but whether you can purchase an air ticket to fly to the USA is another question.
The pregnancy alone does not affect the good health requirement for an immigration visa, but whether you can purchase an air ticket to fly to the USA is another question.
Q: I plan to make music videos using established artists music. Does "fair use" protect me from copyright issues.
Mr. Michael O. Stevens' answer
Fair use is a defense, one that you can never completely rely on. Caveat that there is some case law asserting it is more than a defense. Anyway, there are many factors as to if you would have a fair use defense, and for that analysis I would sit down with a copyright lawyer and discuss in detail your plans.
Fair use is a defense, one that you can never completely rely on. Caveat that there is some case law asserting it is more than a defense. Anyway, there are many factors as to if you would have a fair use defense, and for that analysis I would sit down with a copyright lawyer and discuss in detail your plans.
Q: If you and your ex spouse had a irs debt together for 10k
Zaher Fallahi's answer
If the IRC charges each $10K, it means that they have not accepted one spouse’s innocent spouse relief sought. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
If the IRC charges each $10K, it means that they have not accepted one spouse’s innocent spouse relief sought. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
Q: My employer is in Las Vegas NV, I'm relocating to NH. I am considering an office in NH or MA, what is my tax liability?
Zaher Fallahi's answer
Generally, your residency will determine state taxation of your compensation. Your employer will apportion your W-2 income between the two states according to time-line. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
Generally, your residency will determine state taxation of your compensation. Your employer will apportion your W-2 income between the two states according to time-line. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
Q: Is a settlement awarded to victims of unlawful foreclosure practices, resulting in loss of real property, taxable?
Zaher Fallahi's answer
Since August 1, 1998, generally, settlements and awards for only “personal bodily injury” is exempt from taxation under the IRC 104. I think your case should be looked into, and am not sure if you are eligible. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
Since August 1, 1998, generally, settlements and awards for only “personal bodily injury” is exempt from taxation under the IRC 104. I think your case should be looked into, and am not sure if you are eligible. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
Q: If I've been discharged from an old case and years later back on probation can I be forced to pay old restitution?
H. Scott Aalsberg Esq.'s answer
Best to talk to your original attorney as he will know your case the best. Without reviewing your file and the facts of your case any other attorney would just be guessing.
Best to talk to your original attorney as he will know your case the best. Without reviewing your file and the facts of your case any other attorney would just be guessing.
Q: Can my 19 y/o disabled brother become a US citizen when my mom become a US citizen?
Shan Dimitris Potts' answer
I am assuming your mother has been a green card holder for 4 years. If your brother is a green card holder for 4 years and 9 months he can apply to naturalize too. Talk to an immigration attorney in private to help your mother and brother naturalize with ease. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney soon. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates -...
I am assuming your mother has been a green card holder for 4 years. If your brother is a green card holder for 4 years and 9 months he can apply to naturalize too. Talk to an immigration attorney in private to help your mother and brother naturalize with ease. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney soon. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates -...
Q: How can I petition my cousin or aunt to help me babysit for my kids?
Shan Dimitris Potts' answer
You need to talk to an immigration attorney, depending on which country you are from you may be able to get them here but they will be applying for visas on their own and you will not be filing any petitions. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney soon. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of...
You need to talk to an immigration attorney, depending on which country you are from you may be able to get them here but they will be applying for visas on their own and you will not be filing any petitions. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney soon. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of...
Q: Can I file a case if elder abuse against my sister /holding mothers bank card not letting others visit? (Children)
Adam Studnicki's answer
A local elder abuse lawyer can review and advise of your rights and options.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal...
A local elder abuse lawyer can review and advise of your rights and options.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal...
Q: my daughter is a u.s citizen with down syndrome. I was born in mexico, but came to the u.s when i was a baby.
Shan Dimitris Potts' answer
How old is your daughter? You need to talk to an immigration attorney soon. Many immigration attorneys offer free consultations, including me. So i suggest you talk to an attorney as soon as you possibly can. All the best.
You might have possibly heard some wrong information, marrying a US citizen does not change the citizenship process. But more details are needed as to how he obtained his green card and what was your immigration status during the marriage. Talk to an immigration...
How old is your daughter? You need to talk to an immigration attorney soon. Many immigration attorneys offer free consultations, including me. So i suggest you talk to an attorney as soon as you possibly can. All the best.
You might have possibly heard some wrong information, marrying a US citizen does not change the citizenship process. But more details are needed as to how he obtained his green card and what was your immigration status during the marriage. Talk to an immigration...
Q: Hi, I have received a beneficiary RMD from my Dad's estate in late Jan, how do I handle this with my tax returns?
Zaher Fallahi's answer
The RMD in question must belong to the prior year and should be included in your prior year taxes. The form itself also should identify the tax year of the distribution. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
The RMD in question must belong to the prior year and should be included in your prior year taxes. The form itself also should identify the tax year of the distribution. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
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