If you have lost a loved one and need help with these questions or others, please give our experienced Las Vegas probate attorneys a call today at 702-515-1500.

What is the Definition of Probate?

“Probate” is the term used when discussing the process of administering the estate of an individual who has passed away.  Many people are left wondering what to do when a loved one passes. The individual that has passed is known as the “decedent.” The decedent may leave behind real property (e.g,. house), debts, assets (bank accounts, etc.), personal property, and may or may not have left a Will.  Where do you begin?

The first step is to try and locate a Will if one was left behind.  This document must be properly recorded in a timely manner, and your attorney will inquire about it right away.  If no Will was left behind or you are unable to locate the Will, simply let your attorney know.  During your initial consultation, your attorney will ask you a series of questions regarding the decedent and his/her affairs.  It is a chance for you to ask questions as well.

The actual Probate process, if necessary, in your case, will involve the filing of the Will (if one exists), notification of all creditors, and the distribution of the decedent’s assets to beneficiaries.

Is there a “Reading of the Will?”

Only in Hollywood!  The reading of the Will, while it makes for good TV, is not actually required in any case.  Nor, in our experience, has any client ever asked for one to be read.

Different Levels of Probate in Nevada

In Nevada, there are different levels or methods of Probate depending on the value (and makeup) of the estate.

• Affidavit of Entitlement;
• Set-Aside without Administration;
• Summary Administration;
• General Administration.

Affidavit of Entitlement

Nevada law provides a streamlined process for estates that do not include any real property (homes or land) and are valued at less than $25,000 (not including vehicle values).  For surviving spouses, this process can also be used if the estate is less than $100,000 and does not include any real property.  When at least 40 days have passed after the decedent’s death, the Affidavit of Entitlement process requires you fill it out and sign it in front of a notary.  If others who are considered by law to be equal or higher priority than you who are entitled to the estate, you must give them 14 days notice before signing the affidavit.

Set-Aside Without Administration

If the estate is valued less than $100,000 (the sum of the decedent’s assets minus liabilities), it may qualify for a Set-Aside Without Administration.  This process can begin 30 days after the decedent’s death.  It will involve notifying all of the decedent’s heirs, devisees, and creditors.  This process requires a court hearing, but typically fewer hearings than what takes place with larger estates.

Summary Administration

For estates valued between $100,00.01 and $300,000, Summary Administration is the procedure used.  This procedure is more complex and involves proper notice to different parties, drafting and filing of court documents, and appearances at court hearings.  The process involves, but is not limited to, the appointment of a personal representative, Letters of Testamentary issued, the sale of real property, filing and notice of the inventory.

General Administration

For estates valued over $300,000 general administration is used.  This is the most complex form of Probate.  This procedure requires drafting and filing of court documents, notice to different parties, appearances at court hearings, and is more complex than even Summary Administration.

Regardless of what level of Probate is required in your situation, our compassionate, experienced, and professional Las Vegas Probate Attorneys will put you at ease as they navigate the complex waters of probate for you so you can concentrate on caring for yourself and loved ones during this time.

Continue reading below for more information about the Probate Process in Nevada. For a free consultation call us today at 702-515-1500 or Schedule Your Consultation online now.

Are Nevada Courts the right Court to use for Probate?

If the answer is “yes” to any of the statements below, Nevada probably has jurisdiction to handle your probate case:

• The decedent lived in Nevada;
• Nevada is where the decedent passed away; or
• The decedent owned property in Nevada at the time of death.

Note that Nevada courts only have jurisdiction over real property in Nevada.  This means that if the decedent lived or died in Nevada, Nevada courts have jurisdiction strictly over the property or estate located in Nevada.  If there is property in another state, that state’s laws determine how the real property in that state will be distributed.  An ancillary probate (meaning additional or supplementary) is required to change title on the property located out of state.

Is Probate Necessary?

If the decedent has property that did not automatically transfer upon death, then probate is likely necessary.  At the time of passing, if the decedent left outstanding debts, probate might help resolve the creditors.  Probate is also necessary If there is a dispute over who should inherit the decedent’s assets.  Probate may not be necessary if there is no property left to transfer. When in doubt, call our Las Vegas Probate Lawyers to determine if Probate is required in your case.

More Questions?  Call our Las Vegas Probate Attorneys today for assistance.  702-515-1500 or Schedule Your Consultation online now.

The post Probate first appeared on Devine Legal Group.

If you need to file for divorce in Nevada, or have been served with divorce papers in Nevada, let our Las Vegas Divorce Attorneys protect your rights.  Keep reading for important information regarding divorces in Nevada.

Requirements for Obtaining a Divorce in Nevada

In order to file for divorce in Nevada, you need to actually reside in Nevada; not simply be a visitor.  You must have resided in Nevada for a minimum of six (6) weeks prior to filing for divorce, AND you must intend to make Nevada your residence for the foreseeable future.  The latter means you must not have plans in place to be moving out of Nevada anytime soon.

Further, if there are minor children of the marriage, the children must have resided in Nevada for a minimum of six (6) months prior to filing for divorce in order for Nevada to have jurisdiction over child custody and child support issues (both of which must be addressed during the divorce).

Your residency requirement is not broken if you have recently traveled so long as you were simply “visiting” another state and did not take up residency there.  In other words, if you took a short vacation, you did not interrupt your residency requirement.  Residency is an issue that you should expect your attorney to ask about upfront to ensure there are no jurisdictional issues before filing (or answering to a filing) your case.

Nevada is a No-Fault State

Some states require a statutory reason to file for divorce; a wrongdoing in the marriage in order to obtain a divorce.  Nevada does not have this requirement; it is a no-fault state.  This means, you can obtain a divorce on the grounds of “irreconcilable differences.”  Irreconcilable differences means the differences between the spouses are so great that marriage is no longer possible.  No further explanation is needed, and most divorces are granted on these grounds.

In more complex cases, for example, if a spouse has been injured and/or has become mentally ill and cannot make legal decisions for themselves, other grounds may have to be used that your attorney will assist you with.  But, for the majority of clients, irreconcilable differences will be the reason.

It is important to note, that since Nevada is a no-fault state, the judge is not interested in hearing the wrongdoings of your spouse unless it is pertinent to the case.  For example, if your spouse had an affair, unless you are claiming misuse of marital assets, the affair is not considered important in the case.  Obviously, other wrongdoings, such as domestic abuse, child abuse, or substance abuse are different, and would certainly be addressed in your case.

Issues that Must be Addressed in Each Case

There are specific issues that must be addressed during your divorce in Nevada.  These issues are:

• Division of Marital Assets
• Division of Marital Debts
• Child Custody
• Child Support
• Spousal Support (a/k/a “alimony”)

Division of Marital Assets & Debts

Nevada is a community-property state.  In very basic terms, this means that all assets acquired during the marriage belong to both spouses equally.  This includes income earned during the marriage as well.  Community property is a complex area especially if you own many assets or either spouse is self-employed.  Imagine that for every $1.00 you earn, $.50 belongs to your spouse, and you can understand how complicated community property can get.

During your divorce, your attorney will go through all aspects of asset division with you.  Decisions will be made on what to do with the marital residence, its contents, vehicles, retirement funds, bank accounts, pensions, etc.  The same is true for all debt acquired during the marriage.  Debt will be assigned to each spouse accordingly at the end of the divorce, and exceptions always exist for assets and debts that may be considered separate property.

Child Custody

Two types of custody must be decided for all minor children during a divorce:  physical custody and legal custody.

Physical custody refers to where the children live.  Legal custody refers to significant decisions made about the child until they reach the age of majority.

Joint Physical Custody in Nevada

In Nevada, joint physical custody is the preference.  This means that the courts prefer that both parents be involved in the childrens’ lives as equally as possible (50/50 is great, but not required – you may have a slightly lower split and still retain joint physical custody).  Custody is usually the issue that turns most divorces into contested divorces (meaning you cannot agree on all the terms of the divorce).

You should be prepared for what physical custody decisions will need to be made – what the split of time will be between the parents, where pick-ups and drop-offs will take place (and when exactly each time), every major holiday will have to be assigned, as will vacation time each year.  Your attorney will guide you through all of these steps.

What if Parents Cannot Agree on Custody in Nevada?

If the two parents cannot agree on custody, the judge will require you to attend mediation to try and reach an agreement.  If a full agreement is not reached after that, your case is likely headed to trial where ultimately, the judge will decide on custody for you.  It is obviously in your best interest to try and reach an agreement yourselves, and our Las Vegas Child Custody Attorneys will work hard to help you do so.

Aside from joint physical custody, another custody option in Nevada is primary physical custody with visitation for the other parent.  In this situation, one parent becomes the “custodial” parent who has the children the majority of the time and the other parent has assigned visitation with the children.  This arrangement can be made either through agreement by the parents, or because one parent cannot care for the children enough of the time to be awarded joint physical (for example, if one parent lives out of state).

A final physical custody arrangement in Nevada is sole custody that typically has no visitation for the other parent or visitation at the discretion of the sole custodian.  This is difficult to obtain and will typically only apply in cases where one parent is abusive to the child and/or has a severe substance abuse problem or has abandoned the child.

Legal Custody in Nevada

Aside from physical custody, legal custody must also be decided.  Major decisions such as where the children will attend school, what religion they belong to, what kind of medical care they receive, etc., will have to made while the children are minors.  Therefore, the parents must decide who makes these decisions.

The choices are joint legal custody – where the parents must make these major decisions together or sole legal custody where one parent makes the decisions.  Note that physical custody can be different than legal custody – in other words, you can have joint physical custody and sole legal custody or primary physical custody and joint legal custody.  The two do not have to match.  Like physical custody, a good majority of cases end up with joint legal custody.

Nevada also requires that parents take a co-parenting class in order to obtain a divorce.  This class is done online in most cases and is not done together with the other parent (in other words, you are both responsible for taking it on your own time).  In some cases, a waiver may be granted if you are able to resolve all custody arrangements without court interference.  You should, however, expect to have to take the course.

Child Support 

Child support in Nevada depends on many factors that your attorney will discuss with you and ultimately calculate the amount due.  The major factor, however, is that child support is based off of what custody arrangement you have.  If you have joint physical custody, then both parents’ incomes will be considered in the child support award. If a primary physical custody arrangement is made, then the non-custodial parent is the one paying child support to the primary or “custodial” parent (and the custodial parents’ income is not considered for child support specifically).  For detailed information, see our Article concerning how child support is calculated in Nevada.

Note that health insurance arrangements must also be made for the children during the divorce as well.

Spousal Support (“Alimony”)

Spousal support in Nevada is allowed, but it is not guaranteed.  Many factors go into determining whether you have a case for spousal support including the parties’ educational backgrounds, incomes, income potential, etc.  Further, if spousal support is awarded it is usually for a temporary period of time.  Your attorney will discuss whether spousal support is an option to ask for in your case.

The Process

The process should begin with a consultation with one of our Las Vegas Divorce Attorneys.  Our consultations are done remotely (via phone or video call), are confidential, and the initial consultation will last around thirty minutes.  This consultation is focused on what issues surround your case and what steps need to be taken to get started.  It is a chance to get to know your attorney and understand what the initial process will be like.

To get started, call us today at 702-515-1500 or Schedule Your Consultation online.  We look forward to assisting you during this difficult time.

Common Q&A about Divorce in Nevada

Do You Need Help With…?

• Filing for divorce in Nevada?
• How to file for custody in Nevada?  For more information see our Custody page.
• Understanding how child support is calculated in Nevada?  See our article on child support calculation.
• How to establish paternity in Nevada?  For more information see our article discussing Paternity.
• Knowing how to respond to divorce papers you have been served with?
• Talking to an aggressive family lawyer to protect your rights?
• Other family law matters not listed here?

We can help! Call us today to schedule your initial consultation or skip ahead of the line and Schedule Your Consultation now.

Call now 702-515-1500.

The post Divorce in Nevada first appeared on Devine Legal Group.

When it comes to your children, you should never go into the courtroom alone. Child custody matters are among some of the most complex legal cases there are. Our Las Vegas Child Custody Attorneys will fight for your parental rights. Our compassionate attorneys will put you at ease throughout the process, so you always feel comfortable discussing such sensitive family matters. Whether you need assistance with establishing paternity, custody, or your rights are being threatened by another parent, we have you covered. Call us today to get started at 702-515-1500 or skip ahead of the line and Schedule Your Consultation now.

Nevada Child Custody FAQ

Do You Need Help with a Child Custody Matter in Nevada?  Read below for information concerning custody law in Nevada.

Do you need help with…

• • Obtaining a court order for Child Custody?
  • Modifying a child custody order in Nevada?  For more information, see our modification page.
  • Establishing paternity n Nevada?  For more information, see our article concerning paternity in Nevada.
  • A parent who refuses to let you see your child?
  • Need help with other family matters not listed here?

Start with a Consultation

Whatever your custody needs, the process starts with a consultation with our firm.

Please give us a call today at 702-515-1500 to get started or skip ahead of the line and Schedule Your Consultation now.

We look forward to assisting you with your legal needs.

The post Child Custody first appeared on Devine Legal Group.

When you share custody of a child, you cannot simply move out of state with that child without permission.  If the other parent will not grant you written permission to do so, and you move without seeking court permission, the court will not consider any post-relocation facts in making a determination.  In other words, you severely weaken any future case for permission.

Additionally, violation of relocation laws will subject the party to a category D felony.  Further, the non-relocating parent is entitled to recover attorney fees and costs as a result of the violation.  If child abduction is proved by clear and convincing evidence at trial, the offending parent may not be awarded sole or primary physical custody, joint physical, or unsupervised visitation of the child unless a compelling reason for doing so is demonstrated.

If the parents have an order for joint physical custody and a parent wishes to relocate with the minor child to another state, and the other parent will not consent to such move in writing, then the relocating parent shall petition the court for primary physical custody to relocate.  The same is true if the parent wishes to move to a different place within the same state that is far enough away that it substantially impairs the ability of the other parent to maintain a meaningful relationship with the child.

The same is true if a parent has primary physical custody of a child and wishes to make the same type of relocation with the child. Unless the other parent consents in writing, the relocating parent must petition the court for permission to relocate.

The relocating parent must demonstrate the following to the court:

• Good faith, sensible reasons for the move, and that the move is not intended to frustrate the rights of the other parent;
• Show that the best interest of the child is served if the relocation is granted; and
• Show that the child and the relocating parent will benefit from an actual advantage if the move were permitted.

If the court believes the relocating parent has demonstrated these factors, the court will then weigh further factors and the impact on the child, the relocating parent, and the non-relocating parent including to what extent the interest of all the parties is accommodated.

If you desire to relocate and the other parent is not in agreement, or you are the parent not in agreement and wish to contest the other parent moving, our Las Vegas Child Custody Attorneys can help.  702-515-1500.

It Starts with a Confidential Consultation

Call us today at 702-515-1500 to discuss your specific case or Schedule Your Consultation online now.

We look forward to assisting you.

The post Relocation with Children first appeared on Devine Legal Group.

There are a multitude of reasons why a custody order may need to be modified.  For example, one parent may no longer be able to care for the children the same amount of time as they once were.  While getting an order changed is not easy, it is possible depending on the circumstances.  Our Las Vegas Child Custody Attorneys can help you modify an existing court order.  Give us a call today to get started at 702-515-1500 or skip ahead of the line and Schedule Your Consultation online.

Changing Child Custody

A parent may ask the court to change the custody or visitation arrangement if the schedule is not working.  The legal standards for this are:

• If the current order gives one parent primary physical custody:  You must prove that a custody change is in the best interest of the child AND that a substantial change in circumstances has occurred that affects the welfare of the child since the last custody order was entered;
• If the current order gives both parents joint physical custody:  You must prove that it is in the child’s best interest to make a change.

NRS 125C.0035(4) explains the factors the court will consider when determining the best interests of the child:

In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:

      (a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody.

      (b) Any nomination of a guardian for the child by a parent.

      (c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.

      (d) The level of conflict between the parents.

      (e) The ability of the parents to cooperate to meet the needs of the child.

      (f) The mental and physical health of the parents.

      (g) The physical, developmental and emotional needs of the child.

      (h) The nature of the relationship of the child with each parent.

      (i) The ability of the child to maintain a relationship with any sibling.

      (j) Any history of parental abuse or neglect of the child or a sibling of the child.

      (k) Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

      (l) Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child.

It Starts with a Consultation

Call today and let our Las Vegas Child Custody Lawyers help you with any modifications you may be seeking.  702-515-1500 or skip ahead of the line and Schedule Your Consultation online now.

The post Modifications of Custody Orders first appeared on Devine Legal Group.

We give your case the attention it deserves. We care about your recovery, in most cases you will never pay legal fees unless you win, and we ensure your recovery amount is larger than ours. Most big personal injury firms you see on billboards or TV treat you only as a number. They may make big promises to get you in the door, but after that, you might never speak to an actual attorney again. Not here. We will keep you posted on your case every step of the way, and your satisfaction is our #1 priority. Give us a call today for your free confidential personal injury case evaluation at 702-515-1500 or Schedule Your Case Evaluation online now.

Personal Injury FAQ

Have You…?

• Been injured in a car accident?
• Need an attorney to help with a motorcycle accident?
• Suffered an injury at a Las Vegas hotel or casino?
• Need a Las Vegas Personal Injury Attorney to assist with an injury at a store?

Our Las Vegas Personal Injury Attorneys can help!

Call us today at 702-515-1500 or Schedule Your Case Evaluation online now.

The post Personal Injury first appeared on Devine Legal Group.

Estate Plan Packages

Nothing gives you peace of mind like having all of your financial ducks in a row.  Our complete estate plan packages cover all bases and are the most popular choice among our clients.  We offer packages for individuals and couples.  Plus, our packages save you money over purchasing each item individually.

Estate Plan for Individuals:

• Revocable Living Trust (your probate-avoiding tool!)
• One deed + recording (transfers your real property into the trust)
• Last Will and Testament
• Living Will (includes both the living will & healthcare power of attorney)
• Financial Power of Attorney (your choice of Durable or Springing)
• Includes signing with attorney and notary
• All documents enclosed in a binder for your safekeeping

Estate Plan for Couples:

• Revocable Living Trust
• One deed + Recording
• Two Last Wills and Testaments
• Two Living Wills
• Two Financial Powers of Attorney
• Includes signing with attorney and notary
• All documents enclosed in a binder for your safekeeping

Sterling Estate Plan (available for both individuals and couples):

• Asset Protection Trust (Nevada Onshore Trust – protect your assets from creditors/lawsuits)
• Revocable Living Trust (avoid probate!)
• Two deeds + Recording
• Last Will and Testament
• Living Will
• Financial Power of Attorney
• Signing with attorney and notary included
• All documents enclosed in a binder for your safekeeping

**Sterling plan is available for both individuals and couples – if a couple plan is chosen it includes two Wills, Living Wills, and Financial Powers of Attorney.

Call us at 702-515-1500 or skip ahead of the line and click here to Schedule Your Consultation immediately.

The post Wills & Trusts first appeared on Devine Legal Group.

If you wish to legally change your name for reasons other than marriage, our Las Vegas Family Lawyers will make the process as simple as possible.  You may change your first or last name or both.  You may also change a child’s name, but the process is slightly different than the one for an adult.

For Adults:

• You will need to list a reason why you desire to change your name;
• If you have ever been convicted of a felony, you must disclose this to the court and submit a set of fingerprints to the court along with your paperwork.  If the judge grants your name change, the court will submit a copy of the name change to the Central Repository for Nevada Records of Criminal History for inclusion in your criminal record; and
• Unless you are changing your name for gender identity reasons, you must publish a notice of the proposed name change one time in a newspaper in Clark County.  If you believe doing this would put your safety at risk, our Las Vegas Family Attorneys can request a waiver asking the court to waive the publication requirement.

For Children:

• A parent must apply for the name change on behalf of the child;
• The child must consent to the name change if he/she is older than 14;
• A reason for the name change is required;
• Both biological parents must consent to the name change.  Exceptions to this are if the other parent is deceased, had their parental rights (legally) terminated, or has no legal rights regarding the child; and
• Any parent who refuses to consent to the name change must be served with copies of the papers asking for the name change.  That parent may object to the change.  If the other parent cannot be located, the parent requesting the name change can be granted permission to run a notice in the newspaper instead.

After a Name Change is Granted by the Court:

Once you receive a court order for the name change, you must then change the name with all government agencies, the DMV, banks, etc.  It will be your responsibility to make these changes; the court order does not automatically change your name with these institutions.  Most will require a certified copy of your order which you can receive from the court after the order is granted (the court charges a small fee for each certified copy).

How do I Get Started?

Give us a call at 702-515-1500.  We will ask you about the specifics of your case, and help you get started right away.

We look forward to working with you!
Call us today at 702-515-1500 or Schedule Your Consultation online now.

The post Legal Name Changes first appeared on Devine Legal Group.