Wednesday, December 11, 2013

What is a Probate Attorney and Should I Hire One

Las Vegas Probate Attorney

Our Law Office has extensive experience navigating Las Vegas Probate Court, and we understand the our clients' needs during the difficult time after the death of a loved one. Settling our loved one’s personal and business affairs can be overwhelming. This is why proper estate planning is indispensable. Jim’s vast experience in the probate process will allow you to take care of yourself and your family, while Jim will handle the rest. Here is some information that you may find helpful.
why do i need an estate attorney

The fact is that, without help, it can be a long and frustrating process to have a loved ones assets transferred to the rightful successors, and it can be costly as well. Wills and trusts can help to alleviate some of these issues, as can joint accounts or ownership and transfer-on-death registration. What, though, if a loved one dies suddenly and without having made such arrangements? This is where a probate attorney can help turn a legal nightmare into a much less difficult experience.

Good estate planning, on the other hand, will help expedite matters, so it is important to consider these things while still in good health. Even if proper measures were taken, the blow of such a loss may make it difficult to muddle through any sort of legal business at all. Thus, it is usually best to hire a professional to handle this side of things while you grieve.

The same would apply if you are the executor of a will. Certain parts of the administration process may be difficult to understand. If you are not sure how to proceed, a probate lawyer may be able to help. This is especially beneficial if there are those who are contesting the instructions that you as the executor received from the deceased.

There are many situations that may arise that will call for the assistance of a probate attorney. For example, you may not know the best way to handle any debts owed by the deceased. Even if an estate plan was in place, you may need assistance in actually transferring ownership of property like a home, a vehicle, land, etc. There are many succession issues that could lead to potential litigation. When we lose loved ones, our mental faculties may not be prepared to deal with the legal fallout. Thus, you will want a competent attorney in your corner to guide you through any difficulties, allowing you to focus on what it truly important – your family and friends.


Saturday, December 7, 2013

Do Grandparents have Child Visitation Rights

What Visitation Rights Do Grandparents Have

What situations may arise that could result in grandparents needing to seek visitation rights?
  • Perhaps a child's parents lived together but were never married. Now the parents have split up and the parent with custody is restricting access to the grandchild.
  • What if the child of the grandparents has died and the grandchild's living parent is restricting access?
  • Even if the rights of a parent have been relinquished or taken away, the grandparents may be entitled to visitation rights.

If your rights as a grandparent are being denied or severely restricted, what can you do?

Here is some important information on Nevada grandparents visitation rights.

las vegas family attorney
A grandparent can only be restricted from visitation if it is deemed to be in the best interests of the child. Thus, grandparents have the opportunity to rebut any such claim, and thus regain visitation privileges. What factors will be considered under Nevada state law?

If a child has never met a grandparent, that is one thing, but if an emotion bond exists, the case can be made that it is in the best interests of the child to allow that bond to continue. This is especially true if the child has ever lived with the grandparents or even spent time with them on holidays. Also, loving grandparents who can make good role models for a grandchild will be given special consideration. They need to be fit company for the child morally, and also need the necessary physical and mental health to properly care for the grandchild. Are the grandparents willing and able to provide for the material needs of their grandchild during visitation? This too is a necessity, and would include taking care of any health needs that the child has. Finally, the grandparents should be encouraging a good relationship between the child and its parent, rather than trying to drive a wedge between them.

Basically, these are the same rights and restrictions that any parent would have. They even apply to great-grandparents as long as a relationship has been formed that creates an emotional bond. What if the child is up for adoption? Before parental rights have been relinquished, be sure to request visitation rights. Then these same laws should apply.

Remember that there must be significant restrictions being placed on visitation for the courts to hear a case. If occasional visits are allowed, the court will likely respect the parent's right to determine the appropriate amount of visitation time. Also, if a child is old enough, they may be asked if they have a preference in the matter.

Don't hesitate to call James M. Davis Law Office if you feel your rights as a Grandparent are being denied.

Friday, November 29, 2013

How to Make a Will or Trust in Nevada

Las Vegas Wills and Trusts

Proper will, trusts, and estate planning in Las Vegas, Nevada, is vital in order to inform your loved ones of your desires regarding your estate after you have passed away or are no longer able to make critical decisions. Changes in Nevada law have a direct impact on how the court will settle your affairs if you have not planned ahead. Do not leave your family guessing, and do not wait until you are ill. Jim can help you plan your estate, today. Here are a few basics that you should know.

why should I make a will and what is a trust

  • Nevada law makes it necessary to execute a will in order to ensure that your assets will go to the people you want them to in case of your death.
  • It is also the best way to ensure that any minor children you may have will end up with the guardian that you desire.
  • Please note that if your spouse/partner survives you, certain assets that are deemed theirs cannot be willed to someone else.
  • Even if you have already executed a will, you may choose to make changes at some point. You will want a lawyer to help you ensure that these changes are legally binding.
  • Not only do you not want to leave loved ones guessing what you would have wanted, but you also want to ensure that no one can intentionally ignore your wishes.
  • Selecting an executor and including that information in the will is an important part of ensuring that your desire are carried out fully and expediently.
  • This would include any charitable groups that you wish funds to go to.

You can also create trusts in Las Vegas to set aside funds or assets for future generations. You may need to relinquish the assets at the time the trust is formed. Trusts may be able to protect your assets from things like litigation, thus preserving what is yours for your loved ones. You may also name a charity as the beneficiary of a trust. There may be certain tax benefits to doing so that your trust attorney can help you to discern. Creating such a trust may even help you to change the tax bracket that you fall into for a particular year.

Hopefully, you will be here to enjoy your estate along with your loved ones for many years to come. In the event that doesn't occur, be sure that your will and trusts distribute your estate as you want it to be done.

Make sure your will works for you and your family and have a trusted attorney overlook your will even if you choose to create a do-it-yourself will. Contact our law office for more information on creating a Las Vegas Nevada will. 

Tuesday, November 19, 2013

On What Grounds Can You Get An Annulment in Las Vegas

Getting An Annulment in Las Vegas Nevada Are you looking for a Nevada annulment, Las Vegas?

Attorney James M. Davis can help you void your marriage legally and easily. An annulment and a divorce differ in that a divorce severs a marriage, while an annulment states that a marriage never took place. People are known to go to Las Vegas to get married quickly, and an annulment in Las Vegas can be acquired swiftly, if the complex Nevada annulment Laws are meet. There are several grounds that a couple can seek an annulment; Nevada law states that if these requirements are met, a Las Vegas Family Court Judge may Annul or void that marriage.

Grounds for Annulment in Las Vegas Nevada

 • Annulment for Lack of Consent: If one member of the couple is under the age of 18, and there was no parental consent given to get married.

• Annulment for Fraud by Either Spouse: Concealment relating to marriage, such as the inability by one’s partner to cohabit, conceive (the inability to have children) or have sexual relations. Concealment of prior drug or gambling addiction as well as concealed a criminal record can be considered fraud by the State of Nevada.

• Annulment for Lack of Understanding: Both parties agree the marriage was a mistake. Intellectual capacity due to illness or mental delay that was concealed at the time of marriage.

• Void Marriages: The couple is related by blood, within 2 degrees of consanguinity. If one of the spouses was already married at the time of the wedding, an annulment may be granted.

To receive an annulment in Las Vegas, Nevada law states that one or both of the spouses must have lived in Nevada for at least six weeks if the marriage did not take place in Nevada. If the marriage was performed in Nevada, there is no residency requirement. Any children born of the couple during the marriage that is annulled those children will be considered legitimate by Nevada law.

Parents seeking annulment will need to understand Nevada Child Support Laws and parties may seek support for the child. James M. Davis Law Office recommends using a lawyer for your annulment, as Nevada annulment laws can be difficult to interpret and an annulment can be granted on many grounds. We have years of expertise in this complicated area of law and will make sure that your marriage is ended quickly and fairly. If you are considering an annulment, you must act quickly, the longer you wait, the more likely that the Court will not grant the annulment.


 Resources for an annulment of dissolution of marriage:

Las Vegas Family Court

Monday, August 12, 2013

Same Sex Marriage Visas for USA

If you live in Las Vegas or Henderson, Nevada you may have questions concerning same sex marriage visas for USA application of a non-citizen?

James M Davis Law Office
Same Sex Marriage Know Your Rights

Same sex marriage is not legal

in the state of Nevada

Many LGBT couples residing in Nevada find themselves facing those questions since the Supreme Court overturned section 3 of the discriminatory Defense of Marriage Act in June of this year.

Secretary of State, John Kerry just announced the U.S. Department is considering visa applications from same sex marriage couples legally married. Spouses of U.S. citizens and Non-U.S. citizens application for visa will be treated the same as heterosexual married couples. If a person is in a country that doesn’t recognize same sex marriage, their visa application will still be treated equally at all 222 visa-processing centers around the world.

John Kerry said, "Effective immediately, when same-sex spouses apply for a visa, the Department of State will consider that application in the same manner that it considers the application of opposite-sex spouses," Kerry said.

"As long as a marriage has been performed in a jurisdiction that recognizes it, so that it is legal, then that marriage is valid under U.S. immigration laws and every married couple will be treated exactly the same," he said.

If you are legally married in one of the thirteen states that allow same sex marriage your spouses’ visa application will be treated as any other married couple. Those states include: California, Connecticut, Delaware, Iowa, Main, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, Washington, District of Columbia and five Native American Tribes.

Same sex Marriage Visas for USA Questions

  •  But what if I live in a state like Nevada that does not allow same sex marriage?
  • What if I visit another state and get married?
  • What if my partner is an undocumented American?
  • Do my partner and I qualify to file a visa application?

Do you have questions concerning DOMA

Get the right answers to your legal questions concerning same-sex marriage, LGBT Wills & Trusts, Nevada Domestic Partnerships and DOMA. Email me with your questions or please call 702-478-8877 to speak with a Las Vegas Lawyer at James M. Davis Law Office.

Thursday, August 8, 2013

Family Law and DOMA

James M Davis Law Office
Las Vegas Federal Employees and retirees in legal same-sex marriages may now cover their spouses and children under the federal employee insurance programs that will include health insurance. This is in addition to providing survivor benefits that was previously announced after the Supreme Court struck down DOMA, The Defense of Marriage Act in June.

Same Sex Marriage in Las Vegas Nevada

James M Davis Law OfficeSame sex marriage is not legal in the state of Nevada however the new policy is not based on residency but rather recognizing that the couple is legally married. Since Las Vegas is the home of Nellis A.F.B this decision will affect many Las Vegas LGBT federal employees and their families. Same sex married couples who are federally employed will have two (2) years after the Supreme Court decision to provide notice to OPM to elect survivor annuities for their spouses.

Federal employees can now extend benefits to their same-sex spouse or children who are legally married in one of the thirteen states that allow same sex marriage. This decision will now extend benefits and is regardless of the employees’ annuitants’ and states of residency according to a notice by the Office of Personal Management Office (OMP) the Civil Service Retirement System and Federal Employees Retirement System.

Survivor benefit options allows the surviving spouse to receive a monthly benefit of up to half of the federal retiree benefit earned by the federal employee for their service after retirement.

James M Davis Law Office
OPM is warning employees that the election of survivor annuity benefits or signed written elections of survivor benefits is irrevocable and will require a reduction of their annuity. Request should be accompanied with a copy of the marriage certificate.

Confused about what your same sex marriage or domestic partnership legal rights are after DOMA? Contact James M. Davis Law Office for a consultation and protect your family. Get the legal facts about LGBT Will & Trusts and LGBT Tax rights. Email our office at or call 702-0478-8877 to speak with a Las Vegas Attorney at 702-478-8877.