What Happened to Prince’s Inheritance?

What could possibly go wrong in this scenario? Prince, multi-millionaire with a 200-million-dollar estate, dies and no trust has been set up prior to his death. As of this past April, none of his heirs have inherited any portion — not even a penny — of his estimated $200 million estate. Without an Estate Plan (a trust is part of an Estate plan package), the process of settling his estate becomes much more complicated. The executor (manager) of his estate can’t divide the money among his six siblings until the IRS and the executor agree on the value of the estate when Prince died. The …

Memorial day DUI

Memorial Day DUI

Who doesn’t love a three-day weekend? Memorial Day is coming up, and with it, BBQs, parties and drinking. This weekend is often considered the beginning of summer. Many Americans spend Memorial Day partying; however, the day is meant to honor fallen soldiers. The unfortunate side truth about Memorial Day is that when many people drink a lot, many end up driving under the influence. DUIs go up on this holiday every year, leading to tragedy in their wake for victims and drivers alike. You are four times as likely to die in a traffic accident over the Memorial Day weekend …

Tales of Horror from the CRYPT, uh, Probate Court.

As an attorney in Nevada, I’m required to take 12 hours annually of continuing legal education classes to maintain my license. I recently attended an 8-hour wills, trusts and probate class to knock out a good chunk of my requirements for the year. The instructor was very critical of attorneys that push living trusts going so far as to say that they are unnecessary for most people. While he was correct for very low asset estates, he was wrong as for most Americans. This is when I realized that he was primarily a probate attorney. Probate is a time consuming …

5 Reasons You Should Fight Your DUI Offense

5 Reasons You Should Fight Your DUI Offense

Being arrested for driving under the influence (DUI) and the legal process which follows can be a distressing experience.  Under these circumstances, it can be tempting to give up in order to get your case over with as soon as possible. However, there are important reasons why you should fight your DUI offense. You are Innocent Until Proven Guilty Although it may feel as if you have already been convicted, the fact remains that the prosecution has the burden of proving your guilt beyond a reasonable doubt.  This process involves building a case against you and proving it to the …

Should I Plea Bargain a DUI Case?

Should I Plea Bargain a DUI Case?

When you have been arrested for Driving Under the Influence (DUI), it can be stressful to think about the implications of this offense.  The prospect of expensive fines, losing your driver’s license, and facing possible jail time can overwhelming.  As your case progresses, the prosecution may make an offer which carries fewer penalties than the maximum allowed.   Although this opportunity could be tempting, it may not be in your best interest to accept the terms. Here are some issues to consider when deciding whether you should accept a plea bargain rather than fight your DUI case. You Need an Experienced …

What are My Rights at a Sobriety Checkpoint in Las Vegas?

What are My Rights at a Sobriety Checkpoint in Las Vegas?

If you are out of a weekend or during a special event in the Las Vegas area, there is a good chance you may encounter a sobriety checkpoint. As the name suggests, these are places on the road where the police can stop a driver in order to assess whether he or she has been driving under the influence of drugs or alcohol. Being stopped can be intimidating but knowing your rights in this situation can help you avoid making critical mistakes. Sobriety Checkpoint Rules Although the police are permitted to set up checkpoints, this does not mean that there …

Getting a DUI While Not Driving

Getting a DUI While Not Driving

When you think of “Driving While Intoxicated” (DUI) you would naturally assume that to be arrested for this offense you would have to have operated a motor vehicle while legally intoxicated or on drugs.  However, a surprising fact is that under certain circumstances you can get a DUI without ever moving your vehicle. Nevada Law When you have been out drinking and feel that you have had one too many to drive, it can seem logical to get into your car and close your eyes and rest rather than going anywhere.  However, prior to a significant change in the law …

What Constitutes Probable Cause in a DUI Arrest in Nevada?

What Constitutes Probable Cause in a DUI Arrest in Nevada?

Many of us have heard the term “probable cause” on popular shows and in films but may not have a sense of what it means.  However, if you have been arrested for a DUI in Nevada, understanding what constitutes probable cause within this context is critical. The Reason for the Stop In order for a police officer to pull you over he or she has to have “reasonable suspicion” that a law is being broken or crime is taking place.  The officer does not have to suspect that you are driving under the influence to ask you to pull over.  …

What You Need to Know About Nevada’s Living Will Laws

What You Need to Know About Nevada’s Living Will Laws

Depending on where you are in life, you may not have given the idea of medical incapacitation much thought.  This may be a product of youth or not being fully aware of the consequences of not having the right measure in place.  Whatever the case may be, it is essential to know about Nevada’s living will laws and how they can impact you. What is a Living Will? A living will or “declaration” is a document which details an individual’s preferences for medical treatment should he or she become unable to express them to doctors and other care providers. Another …