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.