Las Vegas Business And Real Estate Blog

Protecting your real estate rights in Nevada

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Real Estate Law on Friday, March 15, 2019.

Details are the crucial underpinning of any legal transaction but are most important in real estate transactions. Whether you are buying or selling real estate, the details in the negotiations and the resulting legal documents involved provide direction for not only the parties involved in the transaction, but all others who have an interest in the fact that the ownership of real estate is changing hands.

Unfortunately, not all buyers or sellers of real estate in Nevada are well-versed in many of the legalities involved in a real estate transaction. As a result, they entrust this part of the transaction to competent legal representation who can guide them through the transaction and who attempt to ensure that there are no terms of the negotiations or legal documents that can cause problems later on. Anyone involved in a real estate transaction has an interest in ensuring that they protect their legal rights.

The heart of a confidentiality agreement dispute

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Litigation on Saturday, March 9, 2019.

Many of our readers in Nevada have probably heard the times we live in referred to as the "Information Age." There is a lot of truth to that concept, as advances in technology and, of course, the Internet, make information a type of currency of commerce. This is why many companies throughout the country use confidentiality agreements to help them contain where information spreads - with the specific intent to keep information in-house.

The heart of a confidentiality agreement is protecting ideas and information. When a confidentiality agreement is breached and a dispute erupts, it is most likely because someone who is a party to the agreement takes exception to information spreading where it isn't intended to do so. Confidentiality can be crucial for the long-term business success for companies in Nevada.

Exploring conflict resolution options for partnership disputes

On behalf of Law Offices of P. Sterling Kerr, P.C. on Thursday, March 7, 2019.

Running a successful business means making sure that operations run as smoothly as possible. Often, ensuring smooth operations means working with like-minded and driven individuals who care about the company as much as you do. As a result, you may have decided a long time ago to bring in a business partner to help you manage the ups and downs of running a business.

Of course, even the strongest relationships, whether personal or business related, can have their difficult moments. Unfortunately, partnership disputes can sometimes be more difficult to address and resolve than personal relationship difficulties. Therefore, you likely want to find the best ways to handle any issues you and your business partner might face.

What is the key to avoiding probate?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, February 28, 2019.

For many people in Nevada who start the estate planning process, avoiding probate is one of their main goals. No one likes to think of their relatives and close friends needing to go through complicated court procedures just so assets can be distributed according to their wishes. However, if a person only has a will - or doesn't have a will at all - going through probate is all but necessary. So, what is the key to avoiding probate?

Well, as a recent news article mentioned, the most crucial aspect of establishing an estate plan that minimizes exposure to the probate process is to have assets properly titled and owned. As our readers in Nevada may know from previous posts here, there are certain assets that can avoid probate entirely. For example, life insurance policy payouts are not included in a person's estate for probate purposes - the policy is paid out to the named beneficiary directly.

The right approach to complex business law issues in Nevada

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Law on Thursday, February 21, 2019.

Every businessowner in Nevada wants to get off to the right start in their chosen market. But, unfortunately, complex business law issues are bound to pop up at some point for most businesses in Nevada. When these issues do arise, the right approach to the issue is crucial in order to reach a satisfactory outcome.

Take, for instance, a good problem for a business to have: it is so successful that the time has come to consider ways to expand its market influence. Perhaps the best approach is to open new locations or offices, which can involve commercial and industrial real estate issues, or landlord-tenant legal issues. Or, perhaps the best approach is to acquire or merge with another company, perhaps a competitor. Business acquisitions and mergers can be incredibly complex legal matters, necessitating the highest level of detail in the due diligence process.

Could issues with your property boundaries lead to litigation?

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Real Estate Law on Thursday, February 14, 2019.

Any individual or business that purchases real estate probably likes to think that the boundaries of that property can be readily identified. Unfortunately, that isn't always true. While one property owner may believe that a certain boundary line applies, a neighbor may disagree. So, could issues with property boundaries lead to litigation in Nevada?

The short answer, in many cases, is a simple "yes." Why? Well, for starters, there is always the possibility that a neighbor may be encroaching on your property under a mistaken belief about where the property boundary is located. That could result in a structure being built over the demarcation of a property line or a use that is crossing over the boundary line. If such an encroachment is not done by some agreement by the parties, for example, a real estate dispute could erupt.

Dispelling myths about estate planning and probate

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, February 7, 2019.

Many people in Nevada probably avoid the estate planning process for a simple reason: they don't know where to start. This is understandable, as there are many different estate planning options that individuals and families can consider. Each situation is unique, so no two estate plans will look the same. But, as the saying goes, "knowledge is power." It is important to dispel certain myths about the estate planning and probate process so that people feel more comfortable about getting started.

First, as a recent article noted, don't believe the myth that a person who has few assets or is unmarried doesn't need an estate plan. Quite the opposite is true - almost anyone can benefit from having certain estate planning documents in place. An estate plan can include a simple will, power of attorney documents and an advanced healthcare directive. That may be all that is required for many people. However, there are other options to consider as well, such as trusts.

Resolving business conflicts when they arise

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Business Litigation on Sunday, February 3, 2019.

Business owners in Nevada pour their dedication and effort into making their business successful and profitable. It is no easy task to start a business and manage the day-to-day tasks involved in the undertaking, so business owners are usually cautious and concerned about any issues that may affect the business in the future. Unfortunately, it seems like legal conflicts are simply a part of owning a business for many people in Nevada.

Although business owners may feel like they are powerless when a conflict arises and leads to business litigation, they are not powerless in how they address the problem. With help from an experienced lawyer, business owners can resolve disputes and avoid potential problems, without losing focus on their core mission.

Non-solicitation violations can hurt your business

On behalf of Law Offices of P. Sterling Kerr, P.C. on Friday, February 1, 2019.

You were sorry to see your employee go. Perhaps he or she had been with you for a while and was an asset to your business. As soon as you were able, you began searching for someone to replace your employee. However, before too long, another employee put in notice to quit, and then another.

As you scrambled to vet, hire and train workers to replace the mass exodus, you may have begun to wonder what was happening to make your loyal workers suddenly leave all at once. Then you learned that the first employee who left had started a competing company or was now working for a competitor and was soliciting your staff to come and work for that company. Is this legal? Do you have cause to take action to stop this?

Communication is crucial when it comes to estate planning

On behalf of Law Offices of P. Sterling Kerr, P.C. posted in Probate Litigation on Thursday, January 24, 2019.

It is hard enough for many people to communicate with an estate planning attorney when they know that they need to take action on this issue, so expecting Nevada residents to communicate with family members as well can seem like a lot to ask. However, as a recent article noted, communication is crucial when it comes to estate planning. Why? Well, the article pointed to a number of reasons.

For starters, communicating with family members about an estate plan can help people come to the realization that they need to work on their relationships. Some people need to develop stronger ties to the people who will inherit their assets, or they may need to reconcile when relationships have gone bad. Doing so during the estate planning process can help.