Marriage Equality Supreme Court

Do you have questions about why same-sex marriage is headed back to the Supreme Court? Attorney James M. Davis talks about what it means for Nevada couples.

LGBT State Laws Policies by HRC

Learn more about the laws and policies that govern your life in the state you live or planning to visit. Human Rights Campaign (HRC) has developed an easy to use online guide that will assist the lesbian, gay, bisexual and transgender community by just selecting the state and selecting an issue. Those of us living in Las Vegas, Nevada can see opportunities for improvement and how some laws may effect your marriage in another state or your Nevada domestic partnership now that same sex marriage is legal in Nevada.

Still have questions about same sex marriage? We can help answer those questions. James M Davis Law office Las Vegas, Nevada.

HRC State Laws & Policies

James M Davis Law Office and our associates wish you all a very Merry Christmas and a safe and Happy New Year in 2015.

We hope all our families are inspired this holiday season to spend some time with family and friends and make the best of any situation you may find your family this Christmas.

Set a side some time everyday to make a memory that will last a lifetime for your children. Here are some Christmas family sharing attractions that are free.

Bellagio's Conservatory & Botanical Gardens with live holiday performances, 4:30 to 6 PM each night. Free

Ethel M Chocolate Factory and Cactus Garden thru January 1, 2015 walk through the the chocolate wonderland all a glow with Christmas. Free

Container Park

Sam's Town Mystic Falls Sunset Stampede Laser Light Show at 2, 4, 6, 8 and 10 PM daily, Free

Scuba Santa at the Silverton Aquarium where you can watch Santa feed more than 4,000 sharks, stingrays and tropical fish. 10 am to 1 pm. Free

Santa Experience at Fashion Show Mall in the Great Hall on the lower level near Apple and Nordstom watch it snow as Santa, Shrek and his helpers sing and dance their way to Christmas. Until December 24, Free.

Merry Christmas
James M Davis Law Office

Holidays can be stressful for Moms and Dads trying to juggle schedules and still make Christmas special so when our Family Law office found Vegas Family Events Holiday Bucket List we just had to pass this information to our clients.

Vegas Family Bucket List for 2014

You will find where to take the kids for ice skating, a holiday escape to a winter wonderland, or the adventure of glittering lights. Vegas Family Bucket List 2014 list more than 20 holiday family fun events that includes pricing, times, and dates. It it truly the best list of Las Vegas family Christmas events we have seen.

Find out the best places to see Santa Clause, find out where scuba Santa is, best place to ride a train, actual snow fall in Las Vegas as well as every holiday festival of 2014.

Enjoy your family this holiday season and make every effort to keep the peace and meaning of Christmas special to your children, these are the days where memories will last a life time.

Happy Family Events!

Marriage Equality in United States Continues to Move Forward

Marriage equality advances in every state in the U.S. since the Supreme Court ruling on June 26, 2013 that defines the terms marriage and spouse only to straight couples. Just take one look at the Human Rights Campaign (HRC) map of the United States and see the movement toward equality for the entire country.

To learn more about marriage equality state to state just follow the link below to HRC Marriage Center.

http://www.hrc.org/campaigns/marriage-center

MARRIAGE RECOGNITION

Washington

Oregon

California

Idaho

Nevada

Arizona

Wyoming

Colorado

New Mexico

Kansas

Oklahoma

Minnesota

Iowa

Wisconsin

Illinois

Indiana

Main

New York

Pennsylvania

West Virginia

Virginia

North Carolina

New Hampshire

Rhode Island

New Jersey

Maryland

Vermont

Main

Connecticut

Delaware

Washington DC

Getting a Divorce in Las Vegas

Getting a Divorce in Las Vegas

When you get a divorce in Las Vegas Nevada, you can find that it affects everyone involved. Not only the husband and wife but also any children, close family and even friends. 

If you make claims of infidelity that cannot be proven against your spouse, they will be given the chance to defend themselves but infidelity is not a cause of action for a divorce. A divorce can cause a huge divide which is of course something no one will want.

Because Nevada State is one that has a no-fault option, people are able to divorce without having to go through the painful process of blaming one another for the parting. This allows them to end their marriage due to irreconcilable differences.  It is also a state where the law will mostly allow any debts or property to be divided between the divorcing couple rather than one ex-partner set to lose more than the other. This is not always the case, but it is more common than not due to Nevada being a community property state.

James M Davis Law Office can help you to get the relevant evidence you need where possible to make the divorce process as easy as possible even in the most difficult situation. They are sensitive to claims of domestic violence and mental torment and if necessary will work with the relevant authorities to get the information and paperwork to prove the allegations.

You also can file for a divorce on specific grounds if relevant such as insanity, which must have existed for two years before taking action and supported by a doctor’s diagnosis. Just because you may believe that your spouse is insane, that may not be the case. Of course this is a delicate matter which is why James M. Davis Law Office will provide the support and legal advice you need from beginning to end.

If you have lived apart from your spouse for at least a year without rekindling the relationship or cohabiting during this time, it is at the courts discretion as to whether they will grant a divorce.  James M Davis Law Office can help their clients through this process and give advice throughout to make things as easy as possible in this difficult situation.

James M. Davis Law Office is able to provide you with the expertise and advice you need to go through the divorce process all while being sympathetic to the needs of their client(s) and their individual situation. They are able to give you expectations that are realistic which will avoid disappointment. This allows you to plan how you are going to spend the remainder of your life once the divorce papers are served. 

Why Do I Need a Will? What is a Living Trust? And I Have Never Heard of a POD!

Last Will And Testament

So you think that when you die everyone understands your wishes and desires and the whole process of getting you safely into the grave with all of your affairs in order is easy-peasy. Think again!

A common phrase, not admitted amongst the legal fraternity is, “The vultures descend”. This refers to the inevitable gathering that occurs upon someone’s death of relatives and friends, some of whose motives are questionable. Where money is concerned nobody should ever underestimate the lengths to which people go to secure an advantage.

Estate planning is the only way you can ensure that your wishes are adhered to after your death. In a will, the process by which this is accomplished is called probate, which is when a will is submitted to a court for administration after your death. The executor of the will, usually a person named in the will, is responsible for managing the affairs of the estate as it progresses through probate. The court will oversee your estate, payment of your outstanding obligations, and distribution of your assets according to the terms of your will. This can be a long and costly process that tries to ascertain what the persons wishes may have been and where this cannot be ascertained a chain of inheritance is established with the closest relatives taking precedence over lesser relatives. If you’re lucky probate can be simple, however, if there is money or property, rancor and division can result so your legacy may be the catalyst for the destruction of the very family you have loved.

An important factor to remember...

Probate is administered in court and becomes a matter of public record. 

LIVING TRUST

In the process of planning for your eventual demise there are more subtle ways of dealing with the distribution of your wealth and assets. Like a will, a living trust is also a document that details how you would like your estate and affairs handled after your death.

However, unlike a will, a living trust does not require your heirs to submit to the probate process.

A trustee is appointed, usually the person or company identified in the trust to handle the affairs of the trust The trustee is responsible for managing the trust estate until the trust comes to an end as planned. The terms of the living trust usually describe how one's assets are to be distributed. Further, this distribution can occur over many years if you so desire, thereby allowing you to retain a measure of control over your assets even after your death. You may also be able to place other restrictions over your assets, which can help to protect the assets from the creditors of your heirs or to ensure that your goals and objectives are met. Moreover, for those who value their privacy, since your living trust is not submitted to a court, the terms of your living trust are kept out of the public domain.

LIVING WILL

When we consider our mortality and are planning for the distribution of our worldly goods, we have to consider the rather delightful prospect: What if you don’t die. Of course the reaper gets us all in the end but sometimes what would have been a mortal event leaves you in a never land and unable to make decisions for yourself. A severe stroke can leave you a prisoner in your own body, unable to communicate your wishes to your loved ones. Worse, you could be comatose with little or no prospect of recovery.

A living will is a properly constituted legal document constructed to provide

an unequivocal account of your wishes and is designed to meet the requirements

of courts such that no challenge can be mounted or even considered.

The living will makes clear your pre-determined desires in respect of medical treatment, resuscitation, designation of persons you trust to fulfil your wishes and instructions to lawful authority. Most people fail to take into account other family members moral and religious code. In a situation where these family members may be in a position to decide for you, it is important that you retain control of your life even though you are physically unable to do so.

A living will is the surest way to ensure that when you are no longer able to make decisions and order your affairs, whoever does it for you, follows your clear direction, laid out on paper at a time when you were competent to make these decisions. The law provides a spouse with significant powers in this regard, though not as extensive as some would think. It is people in partnerships and other joint living arrangements that have the most to gain from setting up a comprehensive living will. Too many times we hear of a partner being completely excluded from the decision making process in the care of a loved one because there is no living will to overpower the rights of a next of kin. Usually there is little any attorney can do to correct this situation. It can all be avoided with a a little time spent in front of an attorney skilled in these issues to have the situation clarified in a way that will stand up in court.

 POD - PAY ON DEATH

The most common aspect of most people’s death is that it invariably occurs by surprise. Even the most well planned estate is going to suffer a delay before the provisions of the will are made known and can be acted upon. Immediate expenses can be a severe burden on surviving relatives. Pay on death is a device that will allow a pre-designated person to appear at a bank or financial institution and clear the accounts of all funds of a person who has recently died.

The deceased will, prior to their death have requested, filled out and had approved by each financial institution the necessary proformae to set the POD in effect.

The nominated beneficiary of this device need only show up with the death certificate of the account holder and the financial institution will pay the balance of all accounts detailed in the POD.

It is usual, though not necessary, for the POD to be mentioned in a will so that the proceeds are taken account of in the final distribution of the estate.

Importantly, the beneficiary of a POD will need to attend to claims on the estate that have primacy eg. IRS debt. Because a POD does not override probate (the legal settlement of a deceased persons affairs). It may be possible for the court dealing with probate to require the return of the money paid from the deceased persons accounts. The advantage of setting up a POD is that, in the case of a married couple, the survivor can get their hands on the money before probate eventually gives it to them, as expected.