A MULTI-STRATEGY-BASED PARHUMP LAW FIRM
Battlefront Legal - A Pahrump Law Firm
Estate Planning is the process of designing a strategy to provide for the administration of assets upon incapacity or death, generally involving a trust, will, and powers of attorney. Essentially, an estate plan determines how an individual’s assets will be preserved, managed, and distributed after death, as opposed to allowing the Nevada Revised Statutes to distribute your property, which is really no plan at all.
A trust is a legally enforceable arrangement where one person transfers property to another for the purpose of holding that property for the benefit of someone else. Within that simple arrangement, a multitude of possibilities becomes available such as minimizing estate taxes, avoiding government involvement in your assets, and protecting your property from those who would use your estate as a source of income.
A will is simply a set of instructions to a personal representative granting the authority to dispose of a person’s property upon death. Wills must be in writing, signed by the person creating the will, and witnessed by two additional people who do not stand to inherit from the will.
Beyond that, the only other requirements are that the person actually intends to create a will and understands what they are doing by signing the document. Importantly, it is completely acceptable to place provisions in a will for the care of any minor children.
Probate is the court-supervised proceeding used to inventory, account for, and distribute a decedent’s estate. Probate is also an expensive, prolonged, labor-intensive ordeal with required court appearances and should be avoided if possible. If it appears probate proceedings are in your near future, Battlefront Legal aims for efficiency and clear directives to achieve prompt completion of the judge’s required tasks.
A guardian is a person appointed by the court with the authority and duty to protect an incapacitated individual and the incapacitated individual’s estate. Guardianship means obtaining the legal authority to make decisions for another person.
Becoming a guardian is a very serious endeavor reserved for those who demonstrate a history of personal and financial responsibility. Potential guardians should closely examine their present and foreseeable commitments before agreeing to undertake the appointment.
Battlefront Legal believes divorce should only be considered when all other reasonable measures have failed. Everyone loses in a divorce, and anyone who tells you differently is not telling you the truth.
However, when the decision to divorce is made, Nevada is a no-fault state, meaning either party can request a divorce without providing a specific reason. Nevada is also a community property state meaning, the separate property of each spouse remains separate from the property obtained as a result of the marriage which equally belongs to each spouse.
Nevada’s criminal code is contained in NRS Title 15 Chapters 193-207, which classifies crimes into three major divisions: felonies, the most serious crimes; gross misdemeanors, midrange criminal infractions; and misdemeanors, the least serious criminal infractions.
There are two general ways to approach criminal defense: 1) Mercilessly attack the facts presented by the police and, 2) seek to destroy the pre- and post-arrest procedures used by the police and use the US Constitution to do it. Some attorneys take another route: 3) be overly kind to the district attorney – but that is just not something Battlefront Legal is here to do.
It is not illegal to drink and drive. It is illegal to drive impaired to a degree that renders a person incapable of safely driving or exercising physical control of a vehicle. Punishments for impaired driving are becoming severe and municipalities are increasingly intolerant of this behavior, so don’t do it.
Explaining to your supervisor that you were arrested for a DUI is the easy part considering the district attorney will seek the most severe punishment available. A DUI attorney should understand the science of blood chemical detection and the Constitutional restraints placed on law enforcement. Give us a call.
Child custody laws in Nevada state parents have “Joint Physical Custody” until otherwise ordered by the court and under Nevada law, a presumption exists that unless one parent is proven unfit, the parties will share “Joint Legal Custody” over the children. That means both parents will participate in the major life decisions of the children and may share equal time until one parent convinces the judge differently.
There is a frequent misconception that the judge will award primary custody to the “better parent.” This is untrue and is not supported by the law in any way. The sole consideration of the court is the best interest of the child and the judge will award primary custody to a parent if it is in the child’s best interest to do so.
This means there are ONLY two ways for a parent to obtain primary custody: 1) The parents agree or, 2) the judge conducts a trial and determines primary custody is in the best interest of the child in light of the twelve factors found under NRS 125C.0035(4)(a)-(l). Those are the only two possibilities for an award of primary custody, and there is no other way, period.