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Sometimes probate litigation is inevitable

After a loved one passes away, family members may not always agree on how to handle the closing out of his or her estate. When this happens, probate litigation may be inevitable. If you have found yourself facing this type of difficult legal battle, whether in Nevada or elsewhere, you do not have to go through it alone.

Probate litigation can seem to be a frightening thing. This is usually because it is new and confusing. There is simply a lot to it that, unless you have been through it before, can be rather overwhelming.

Encroachment: what is it and how should you deal with it?

You may not know what it is exactly, but encroachment is a serious threat to your property rights and your interests. Encroachment occurs when the neighboring property owner puts a structure or something else that intrudes onto your property. This could include anything from a storage shed to shrubbery to something much more significant.

In some cases, the encroachment may not bother you or prove to be a hindrance, but if you choose to do something about it, you have the right to do so as a Nevada property owner. One of the first steps in effectively dealing with encroachment issues is to seek a full understanding of your property boundary lines.

What is a mechanic's lien in Nevada?

Nevada residents are likely familiar with the concept of a "lien." Most individuals who have bought a new automobile, for example, have first-hand experience with lien holders, as the bank from which the person borrowed money to pay for the vehicle has a lien against that vehicle, which is often recorded on the title itself. Other creditors can also place liens on property, including a specialized one known as a "mechanic's lien."

What is a "no contest" clause in Nevada probate litigation?

While Nevada residents may be familiar with the phrase "no contest" from television or other media, it is likely in the context of pleading in criminal law cases. However, this phrase has a much different meaning when it comes to the administration of probate estates and litigation surrounding the enforcement of an individual's last will and testament.

A "no contest" clause in a will is one that purports to penalize a beneficiary who would otherwise take an inheritance under the will if that individual takes certain legal actions during the probate proceeding. While in some places there may be a question about the enforceability of such clauses, in Nevada state statute specifically requires courts to give force to such clauses except in certain limited circumstances. In fact, a beneficiary may risk losing or having a distribution reduced according to such a clause even for taking action short of asking for formal judicial action. Basically, if the no contest clause penalizes the beneficiary for taking any action that interferes or frustrates the intent of testator, the court will generally enforce it.

What is a "quiet title" action in Nevada?

Nevada residents are likely aware that the law governing the ownership and transfer of real estate can be incredibly complicated. Between the various types of land ownership, the many ways in which a piece of property can be conveyed, including sale, inheritance and trusts and the many different types of encumbrances that can be attached to land, there are a myriad of ways being a property owner can go wrong. One major problem that looms for anyone purchasing or otherwise receiving real property is that of "clouded" title.

Title is considered "clouded" when there is something irregular about a prior conveyance of the property, or there is the potential that another individual or entity has a claim to an interest in the property. These can result from poor recordkeeping, fraud, clerical errors or any number of other prior events that can later cause problems when attempting to sell the land or create a situation in which someone else lays claim to the property.

What agencies do Nevada mining companies deal with?

Most Nevada residents are well aware of the natural resources the state has to offer. From stunning vistas, to gold, silver and gypsum, Nevada attracts many people both for recreation and potential profit. Mining is a huge industry in the state, bringing in $2.5 billion dollars to the economy annually. This benefit doesn't come easily, however, as the mining industry is heavily regulated by the government in order to ensure that the environmental quality enjoyed by Nevada residents is not affected.

With regulation comes interaction with governmental entities. So, with what agencies will a Nevada mining company have to deal with when it comes to operating within the state? First would be a state agency known as the Nevada Bureau of Mining Regulation and Reclamation, or BMRR. This agency protects the water resources of the state and is responsible for encouraging good use of the land after mining operations have finished. The BMRR will become very familiar to mining companies in the state as it handles much of the oversight of their operations.

Nevada non-compete clauses should be carefully drafted

It is an old tenet of common law that agreements that restrict individuals' rights and ability to work where and for whom they wish are generally disfavored. However, as modern economies opened up and large companies began to get more technically-oriented and specialized and use contract clauses that limit employees from going to work for a competitor. Many businesses feel they need to add such clauses to protect their trade secrets and their advantage over competing companies.

Do you have what it takes to start your own business?

You know you want to do it. You've been thinking about it for years, weighing the pros and cons, and you always manage to talk yourself out of it. Starting your own business is a scary proposition, but it's an option you keep coming back to.

Maybe you woke up this morning and realized you just can't handle the nine to five grind anymore, punching a clock, working for someone else while the years roll by. What if you miss this opportunity? What if you never even give it a chance?

What is "adverse possession" in Nevada?

Maybe you were left a piece of property by a distant relative. Or, you and your spouse bought a "distressed" home with the intent of fixing it up and selling it. Perhaps you are a commercial landowner and don't pay as close attention to every property you own as you should. Let's say, in any of the above cases, that, for whatever reason, you haven't gotten around to using the property, or maybe even visiting it, for a few years. You have the title, so there shouldn't be any problem. In most cases this is correct. However, every once in a while, Nevada residents read a story about someone who is living on or using someone else's property, and suddenly is given a legal right to it. This may be the result of "adverse possession."

Nevada start-ups can benefit from a business plan

Those thinking of forming a business in Nevada, whether they are new entrepreneurs or seasoned business owners, may benefit from first forming a business plan. Doing so has many financial advantages.

First of all, having a solid business plan reduces the chance that parties will make assumptions about the business's future success. When there is a business plan in place, owners can use current business trends to estimate their business's future profits. A business plan makes it so that the business's finances are based on facts, not assumptions.

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